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Hynes said Monday that he decided to call the grand jury based on his early investigation and a review of medical evidence.

"On the basis of preliminary conclusions of the early stages of my investigation and a review of the medical evidence concerning the allegations that Michael Mineo was brutally assaulted by four police officers, I have ordered a special investigative grand jury to be empaneled," said Hynes' statement.

The alleged victim, Michael Mineo, is a tattoo parlor worker. He claims officers attacked and sodomized him with a radio antenna on October 15th.

Mineo's attorneys say medical records show he was diagnosed as suffering an anal assault.

The NYPD denies Mineo's charges, describing the encounter as a
"scuffle" during Mineo's arrest for smoking marijuana.

But, Police Commissioner Ray Kelly said the department welcomes efforts by the DA to establish the facts.

This comes as new details have emerged about the investigation.

A law enforcement official told The Associated Press that a baton and a radio antenna taken from the locker of one of the officers was tested and found negative for any physical evidence of an attack.
Officials are reportedly waiting for the results of more sophisticated DNA tests.

Mineo and his attorneys claim five officers were involved – but according to the AP, the investigation is focusing on four officers.

The officers duty statuses have not changed, but they have reportedly been assigned to desk duty to shield them from the media.