Edward Minguela, 33, showed a limp as he walked into the courtroom of federal Judge Robert Kugler, recounting his encounter with several officers, including Nicholas Romantino, outside a Fairview liquor store.
But the judge stressed there were no permanent injuries from that encounter.
That said, Minguela admitted he was drinking when officers approached and was "startled" when Romantino took him down from behind.
As for difficulty getting him handcuffed, Minguela says he used his left hand to protect his face as he took a dozen blows to the head. He went to the hospital, twice within a few hours, then filed a complaint with police.
The defense used an interview with internal affairs to poke holes in Minguela’s story.
He conceded he exaggerated some of what he said and couldn’t remember other specifics. Romantino, who’s been on unpaid suspension, could see this retrial come to an end by Friday.