Kenneth Moreno, NYPD Officer Accused Of Rape, Breaks Down On Stand

Says On Tape He Wore Condom, But To Jury 'It Wasn't Like That'

NEW YORK (CBSNewYork)New York City police officer Kenneth Moreno, accused of raping an intoxicated woman in her Village apartment after helping her to get home, returned to the stand Tuesday for cross-examination.

WCBS 880’s Irene Cornell: The Prosecution Seized On The Phony 911 Call

The focus was on the conversation the alleged rape victim had with Officer Moreno and secretly recorded for the district attorney outside the 9th Precinct, reports CBS 2’s Pablo Guzman.

Assistant District Attorney Coleen Balbert asked, “She said to you, ‘You raped me,’ right?”

Moreno’s answer: “She didn’t say, ‘You raped me.’ She said, ‘You took advantage of me.’”

Balbert: “And she said, ‘Did you wear a condom?’ And, ‘You threw me on the bed?’ And, ‘When I woke up, you were on top of me?’ You didn’t think she was accusing you of rape?!”

Moreno: “I don’t know why. I didn’t think she was accusing me of rape.”

Moreno said he felt pressured when she confronted him at the precinct. On the tape, she asks if she should be worried about getting a sexually transmitted disease. Moreno responds, “Ma’am, nothing like that even came close to happening.”

At one point on the tape, however, Moreno said he used a condom but he explained to the jury, “I told her that to please her, I wanted it to stop. It wasn’t like that what she said.”

“Nothing happened, there was no sexual activity between us,” Moreno told the jury.

He also told the jury he was confused.

“When I left her that night she was fine. I called and everything was okay. She said she didn’t remember.  I didn’t know if she was playing games,” he said.

Moreno’s attorney, Joseph Tacopina, asked, “How come you didn’t go inside and tell your supervisor there’s some woman outside, she’s making these accusations?”

Moreno then broke out in tears.

“If I had done that, Internal Affairs would have opened a file. I would’ve risked my pension. And look where I’m at now! Look where I’m at now! Two and a half years later!”

Ed Mandery, the attorney for Moreno’s partner, Officer Franklin Mata, said Moreno acquitted himself well Tuesday.

“I think you get to see the character of the man.  And it takes what’s been demonized in the media and you put a face to it. And I think you see the manner of the man and who the person is.  I think it’s absolutely helpful,” Mandery told CBS 2’s Hazel Sanchez.

Moreno denied having any sex with the woman but said he did lie down on the bed with her as she was falling asleep.

“He made his mistakes that night. He acknowledged that.  But he did not commit a crime,”  Tacopina said.

Mandery said the tape is not the silver bullet confession prosecutors claim it is.

“Actually, I don’t feel it’s damaging at all if you listen to that recording. You hear Officer Moreno several times saying you’re asking me to admit to something I didn’t do. And I think the jury gets that,” Mandery said.

1010 WINS’ Juliet Papa reports: Moreno Says He Felt Pressured

In Moreno’s version of events on Monday, he was the comforter, a calming presence to a woman who was drunk, troubled, and according to the officer, coming onto him the night she claims she was raped.

“She told me to come over to the bed. I said, ‘I’m good where I’m at.’  She walks up to me. I could see she was wearing a pink bra,” Moreno testified on Monday.

Moreno told jurors he is a recovering alcoholic and bonded with the woman that night, holding her as she lay throwing up and even singing to her Bon Jovi’s “Living on a Prayer.”

“She grabbed my hand and put it on her stomach area.  She started rubbing her buttock area around my groin area,” he said. “I kind of pushed her away.  I said, ‘there’s another time for this.’  She looked at me.  I held her on the shoulders and said, ‘we’re not doing this.’  She got upset.”

Moreno admitted to making a fake 911 call so he and Mata could return to the woman’s East Village apartment three more times that night, as seen in surveillance video.

He admitted to crossing the line while on-duty and in uniform, but when asked by his attorney if he raped the woman, Moreno answered “No.”

“It’s a very dramatic case. His life is on the line. Darn right it’s dramatic,” said Tacopina.

Whom do you believe? Leave a comment below…

More from Irene Cornell
Comments

One Comment

  1. IgnoranteElephante says:

    Strip this case of the whole police thing, and the issue is when one is too drunk to have sex. The law defines it as when one is “physically helpless.” Now, whether she was is a question for the jury, and if she was, in fact, physically helpless and these cops did have sex with her, they should be found guilty. However, the case’s implication goes far beyond her or the two cops.

    When does one’s ostensible consent become retroactively vitiated because of the purported effects of alcohol? This is a scary road to tread down. How many people have had sex with a drunken partner? How many people have regretted sex that they have had when drunk? How many people attempt to get their partner drunk to amplify their chances of sex? It is a fine line, indeed, and the stakes are high.

  2. IgnoranteElephante says:

    Oh, by the way, again, Rodin, Elephante is not Spanish. You keep saying it is becaue apparently that is the only language you speak. You’re so smart, so I am sure you’ll figure it out.
    Also, why the group appreciates your vocabulary lessons, Oriental is not a pejorative work and is not akin to sp_k, which, by the way, you spelt wrong (it’s sp¬_c) or n_gg_r. It is Latin for east. I’m surprised a Latin scholar like yourself does not know every Latin word. It is used to describe all things that come from the Far East, and was once the preferred way of speaking of that region’s people. Although it may no longer be politically correct, it is certainly not racist. It is still used to describe the region and various other things like rugs, food, and a historic train route. I, for one, am not politically correct, and still use the word, as it is useful to differentiate Asians from the Far East from Asians from the Middle East and South East regions of Asia.

    1. Rodin says:

      There’s “elephante” in ‘Brazilian Portuguese. That’s it. Trying to cover your faux pas?

      Go f__k yourself, oh pretentious one!

      Disconnecting. Enough time wasted on irrelevants. The point is this “defender of the law” blew his duty EVEN IF HE DIDN’T SCR_W” THE WOMAN. No arguing about that unless you are a sexist bigot.

      Bye.

      1. IgnoranteElephante says:

        Go f_k myself? F_k your mother! Keep trying to guess where Ignorante Elephante come from.
        You are a true coward. You make clear that when someone disagrees with you, they must be racist or sexist, like you have accused me of being. You use the word scr_w to describe what you allege is a rape and have the nerve to criticize my use of the word, “Oriental.”
        What if, I play devil’s advocate and say these cops didn’t blow their duty? Answer how that makes me racist or sexist. Get off your high horse and learn how to engage in discourse without accusing all who dare to dissent or ask you to explain the basis for your comments of being rasist or sexist. It is 2011, and it is time to move on. Again, in this country, unlike the third world, with which you may be accustomed, we are free to believe what we wish, even if–dare I say it–they may offend, you, an Oriental, or anyone else.
        Using the word Oriental makes me neither a racist nor a sexist, and you have yet to explain any of your accusations to the readers of this article. That’s because you cannot. You are too stupid to do so, at least, in any coherent form. You are just a sheep, who claims to be politically correct, but who tramples on other’s rights like you have trampled on these cop’s right to a fair trial. Faux Pas? Are you now French? Sir, the only thing irrelevant is your senseless banter. I am sure as you toil in whatever cave it is you toil, you know that your thoughtless and lack of brain cells have not only made you look foolish here, but have also stymied your growth and development in life, hence, your misery and flagrant hatred of cops. Your underdeveloped brain and its subsequent effect on your life are also evident in your need to preach and bully through the security of a computer. Because one purports to be self righteous does not mean that they are, in fact, righteous. I wonder what you are like in person, but I suspect you are just as trashy as the garbage you spew.

      2. Rodin says:

        (8•[P=}  {!=!|

  3. IgnoranteElephante says:

    Rodin, some other things to ponder.

    How about Rodin’s a big coward who hides behind an untraceable screen name and insults people?

    How about Rodin has zero command of the English language, so when he says he speaks one more language than I, he is misinforming people?

    How about Rodin makes baseless accusations in that I never said a negative thing about Orientals or Women, and never insinuated this woman deserved to be raped?

    How about Rodin is UnAmerican in that he feels the accused do not enjoy the presumption of innocence in this country or the rights afforded by the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution?

    How about Rodin this is not a banana boat republic which you may be accustomed and those accused are afforded a plethora of rights?

    How about Rodin has the reading comprehension skills of a child in that he still has not fully grasped my comment yesterday which asked him to explain how these officer’s, who are denying raping this women, are justifying rape or blaming the victim?

    How about, Rodin, wouldn’t you agree that an accused should be afforded to defend horrific charges anyway he sees fit?

    How about Rodin’s a bully who enjoys picking on those with differing points of view than he?

    How about Rodin is too simplistic to see that cuddling with someone, lying to go back and see her, and making excuses may be police misconduct worthy of being terminated, but do not in and of themselves amount to rape?

    How about nothing I said in any comment said was racist or sexist and Rodin is just doing what people have done since time immemorial, and playing the race card because he cannot reason through an adult discussion without accusing anyone who disagrees with him of being racist?

    How about Rodin must be joking when he says simplistic truisms that are beyond dispute like “rape is inexcusable” when no one—not I or the cops on trial—ever tried to say it was?

    How about if Rodin were ever accused of a crime, which judging by his attitude, is not at all unlikely and may have happened already in the past, I would wager that he would want to be considered innocent to proven guilty, but his comments here only bespeak of his blatantly hypocritical way of thinking?

    How about if these were just two ordinary Hispanic males that were not cops accused of raping this women, I would place another wager that Rodin would not be calling for their heads and insinuating that their defenses were justifying rape?

    1. patti says:

      How about why do you rant and rave like this?

      1. IgnoranteElephante says:

        Because Rodin likes to accuse everyone that disagrees with him as being a racist or a sexist, and it’s high time that someone stands up to him like the bully he is.

      2. patti says:

        No, I mean how come I.E. keeps on ranting and raving…

      3. Rodin says:

        “People [losers] seem to be offended by facts, or what used to be called truth.”

        ~ FRANCIS BACON
        (1909 – 1992)
        Irish born British artist

    2. IgnoranteElephante says:

      Okay read Rodin’s rant below. He goes on a tear with the “How abouts.” Much of them are unsubstantiated allegations, so IgnoranteElephante defended himself with this big rant.

      1. Rodin says:

        Cjuz the truth hurts.

      2. Rodin says:

        Apologies for the ‘j’. in ‘cuz’.

        Not that I.E. would notice. It speaks ENGLISH only…and ‘writes’ it poorly

  4. Rob says:

    His actions do seem odd so I cannot rule out that he did rape her, but I have an alcoholic sister who has claimed rape so many times it is not even credible. She even tried to tell people I tried to rape and beat her, and I’m gay. I could probably see beating her, but never did. Some people lie just because they can. I would have to vote for acquittal just because I think the evidence is not solidly convincing. She sort of reminds me of the woman in North Carolina who claimed an entire lacrosse team raped her, when they did not.

  5. iggy says:

    after lying his a** off, he’s gonna try the break-down-and-cry bit? sounds desparate.

  6. reilly says:

    How come there is no phsycial evidence? Wouldn’t that help prove whether there was sex or not?

    Personally – I think these officers are full of sh**.

    1. David Cramer says:

      There was a rape exam performed and abrasions indicative of forced intercourse was found on the victim.

      1. BPF says:

        Thank you David… You are correct….There are many smart people commenting
        on this case…..Brain Power….!!

      2. M.A.D says:

        Sorry, but because there was evidence of intercourse it does not mean it was with the cop. It could have been with somebody else.

  7. Claude says:

    I really think this man Moreno is a sociopath and pathological liar. “She came on to me, but I said no.” Oh, so that’s why you faked a 911 call to go back to her place, so you could say no? And she found you irresistible, but in your chivalry you just held her, sang to her and counseled her about her drinking? You just may get off because you were clever enough to remove evidence, even though you were stupid enough to tell such a laughably implausible story on the witness stand. But hopefully you’ll still be fired as a police officer, and one day karma will make you pay for your actions. You have disgraced your uniform and your family. (Oh, and I like the well timed tears in court. You’re vile.)

    1. BPF says:

      CLAUDE right on the money……….It is despicable what took place here and how
      the COVER-UP was orchestrated…….I don’t believe they should get 25 years
      but at least 5 -10 years, because they have a duty as officers first…..their uncompromising duty to the public that they serve and their oath to their uniform is mandatory…..I believe the woman 100%, the ONLY reason they came back was with the intent to rape her BECAUSE SHE WAS DRUNK….(the law is clear RAPE
      is RAPE when the other party is UNABLE TO CONSENT…….CASE CLOSED

  8. BPF says:

    For some reason, I do indeed believe that this woman began flirting with the officers, which would have enticed the officers need to return several times, however it does not mean that just because she flirted (when someone is drunk, their inhibitions are free) gives them the right to rape her, raping of this woman is very serious because they crossed a major line, a criminal line and they were dumb and brazen enough, calculated enough to do so, I am not buying the other officer sleeping on the couch, (how convenient, sounds like his defense attorney coached him to lie) who the hell dozes off on someone’s couch while on duty, and this whole thing is stunning to me the sheer level of hubris, the sheer level of brazen misconduct, the bogus phone call, the 3 returns to the apartment, the singing of a song, what kind of police officers are these?? I am sad for the officers, because they threw their lives, their careers away all for sex, cheap, mindless sex. BUT I MORE SAD AND OUTRAGED FOR THE WOMAN,,,,,,NYPD has many many officers that will lie, cover-up, falsify and plant evidence they continue to rank as one of the most corrupt police departments in the nation next to LAPD, Arizona, and New Orleans and Newark, the feds need to really weed out corrupt police officers and go after the NYPD because Kelly is too busy attending charity balls and trying to become Mayor of NY. NYPD will lie to their own commanding officers, to cover their misconduct, crimes and wrong doing…..The audio tape against the police officer is a deadly piece of evidence, I believe the audio tape maybe the coup de gras…..I am sad for all victims In this case………Why would men do anything just to have sex……? What is a matter with Men and Sex?…..Its insanity of the highest order….!!!

    These are officers of the law, they must be held to a higher standard, as public servants, they must at all times maintain and follow strict guidelines, rules, behavior and codes of ethics and conduct in accordance with laws that they are mandated and sworn to uphold. They must be reminded at all times that they are there to solely serve the needs of the public not their own needs and desires. No exceptions, no excuses, protocol requires that they call an ambulance….What’s with the singing, hugging, lying on her bed, returning 3 times…? This story is like a bad LIFETIME MOVIE that continues to rerun (I can’t stand the Lifetime channel)…..The whole thing is very sad, but the real victim is the woman without a doubt, and to some degree the officers too, (but for all the wrong reasons)…..Officers testimony (no thanks to his lawyer) is so over the top on his constant need and desire to connect, empathize, show compassion to this woman, that its not really ringing true. The fact that they did not want dispatch to know where they were and created a bogus phone call as a tourist…? The fact that the audio tape is so incriminating, is devastating to the defense……To keep talking about hugging, and lying next to someone is so inappropriate……This lacks credibility and there is no ring of authenticity, if he truly felt something for her, his compassion, conscience, integrity and ethics would have guided him into doing the right thing, which is paramount as an officer of the law, such as calling A friend of hers to stay with her, or calling an ambulance……His oath requires him and the other officer to call an ambulance. Official boundaries must be maintained at all times in public service positions that require the needs of the public to be placed ahead of you own, in strict adherence of your sworn oath of office. I feel sorry for
    everyone…Who knows the jury may view the woman as having been too flirtatious by sending the wrong signals, its the old blame the victim syndrome But any rape is a serious criminal act and it’s a form of violence and domination over women BUT coming from police officers who are sworn to protect and uphold is nothing short of criminal misconduct and reprehensible….Case Closed
    May 10, 2011 at 11:32 pm | Reply | Report comment
    BPF
    I agree with Claude. These are officers of the law, public servants, they must at all times maintain and follow strict guidelines, rules, behavior and codes of ethics and conduct in accordance with laws that they are mandated and sworn to uphold. They must be reminded at all times that they are there to solely serve the needs of the public not their own needs and desires. No exceptions, no excuses, protocol requires that they call an ambulance….What’s with the singing, hugging, lying on her bed, returning 3 times…? This story is like a bad LIFETIME MOVIE that continues to rerun (I can’t stand the Lifetime channel)…..The whole thing is very sad, but the real victim is the woman without a doubt, and to some degree the officers too, (but for all the wrong reasons)…..Officers testimony (no thanks to his lawyer) is so over the top on his constant need and desire to connect, empathize, show compassion to this woman, that its not really ringing true. The fact that they did not want dispatch to know where they were and created a bogus phone call as a tourist…? The fact that the audio tape is so incriminating, is devastating to the defense……To keep talking about hugging, and lying next to someone is so inappropriate……This lacks credibility and there is no ring of authenticity, if he truly felt something for her, his compassion, conscience, integrity and ethics would have guided him into doing the right thing, which is paramount as an officer of the law, such as calling A friend of hers to stay with her, or calling an ambulance……His oath requires him and the other officer to call an ambulance. Official boundaries must be maintained at all times in public service positions that require the needs of the public to be placed ahead of your own, in strict adherence of your sworn oath of office. I feel sorry for everyone…Who knows the jury may view the woman as having been too flirtatious by sending the wrong signals, its the old blame the victim syndrome But any rape is a serious criminal act and it’s a form of violence and domination over women BUT coming from police officers who are sworn to protect and uphold is nothing short of criminal misconduct and reprehensible…..Case Closed

  9. edlo says:

    You know what alcohol does to a woman, makes her act funny and crave sex, I think Moreno could not resist temptation and maybe they thought it was ok after she was begging for it, so it is no surprise to her the next day, unless she does not remember why she acted so crazy and maybe regretted acting like that, which is understandable, but her taking a case beyond that is crazy, she must admit that she was acting flirtatious and , like claiming sex was not consensual I have a hard time believing it. I do not think either that the proper procedure was followed in this case. It is hard to say what happened here.

    1. Rodin says:

      An “officer of the law” can’t control himself with a drunk female? I’d be afraid to see how he’d react in a real emergency…, a hostage situation, a shootout with a bank robber, a TERRORIST ATTACK.

      At the very least, INCOMPETENT.

      1. Rodin says:

        I am sorry that I have been in such a bad mood lately. My genital herpes and crabs have both flared up at once.

    2. New Life says:

      100% agree with edlo, Read the transcrip of the conversation they refer to. It clearly shows he was actually trying to get her off him back at that moment. He initially said that nothing had happened, then she insisted on the same. The truth of what happened that night will never be totally revealed.

    3. Ken J H says:

      Alcohol makes anyone “act funny” and while it can lower inhibitions, it doesn’t make anyone “crave sex.” You fall into the most horrific trap of “She asked for it.” The primary question remains: Why did they come back three times? Why did they fake a 911 call? Why did they falsify their records. Why was he so worried about getting Internal Affairs involved if nothing happened?

      However, your opening comment about “what alcohol does to a woman” really says it all.

      1. edlo says:

        Alcohol impairs people’s judgment, and let me tell you that i am not trying to acquit anyone here by making my comments, but throwing some light if they liked each other a lot what do you have to say to that….no one is guilty here but sex ,, but I just have a question did he go out for a drink with her and got her that drunk?, did they know each other from before? How did she get his number? did he do it on purpose?, why did he engaged in singing a song to her? why was there a recording? is this case going too far? I mean whats the truth here?

      2. Ken J H says:

        @edlo, Okay, I understand where you are coming from. Unfortunately we’ll never know the whole truth, but I’m inclined to believe the fake 911 call, three return trips, the singing, the laying down beside her on the bed . . . it just leads me to believe the officers were completely out of control that night and a lot more happened than singing and laying beside her.

    4. heidi says:

      Wow – I guess the only tail you get is with drunk women…I’m a woman – and I get drunk on occasion. But I don’t “crave” sex because of it…

      You’re a pig

  10. MRS. I. UNDERSTAND says:

    TEARS OF GUILT…the only thing he’s sorry about is that he got caught. He used his position of “authority” to take advantage of a drunk woman.
    Regardless of the facts, SHE should be ashamed of herself, what the hell was she drinking or smoking that she was totally unaware of the situation ?
    He got caught with his hand in the cookie jar, his family now knows, his job is in jeopardy and he is officailly a disgrace to the Police Department.
    What a waste…

  11. Idontcare says:

    why he put himself in that position is beyond me. Even if he didn’t rape her, it wont look good on him that’s for sure. He should of bolted out of there but made it worse by creating a fake 911 call. He messed up. Now deal with the fallout! in my eyes he failed as a cop. period

  12. abovethis says:

    wow…what an arse you are…i hopen your mother gets mugged and beaten on way home from grocery store today and you have no one to call

  13. steve pepe says:

    If you are a male and you are clamoring for this man’s hanging, you should be thankful the burden of rape is fairly difficult to prove in the United States. As well it should be.

    It is very easy for a woman to have sex with a man, then accuse him of raping her. We’ve seen it over and over again.

    If you really want this guy to be convicted without a solid, solid case against him, remember that you too can be placed in his position whether you are guilty or not.

    I am in no way condoning his actions, nor can I make a presumption of innocence or guilt. But the facts of the allegations must be proven without reasonable doubt.

    1. skalley 99 says:

      Mr. Pepe, to quote one of the many humorous commercials released by Geico, “where have you been living, UNDER A ROCK”?

    2. Ellen says:

      I wholeheartedly agree with you Steve. Yes, he could have raped her, or it was consensual, and yes we must have clear and defining evidence that rape had occurred. I don’t know one way or the other, but what I do know is these police officers were as dumb as mud.

    3. patti says:

      I was raped at 16 years of age by a 24 year old who offered me a drink and spiked it with something. He raped me then threw me into a shower and put someone elses clothes on me drove me home and pushed me out the door…does that mean I deserved it? When I confronted his business partner he threatened me by telling me he would smear my name around town like mud. That scared me into never telling anyone except one friend who didn’t believe me initially becuase I was drugged and didn’t make any sense at the time.
      This happened back in 1977 and still it goes on. I hope anyone reading this would not blame a 16 year old girl and say she asked for it just because she thought it would be cool to drink alcohol…..I truly believe men think women do ask for it, but walk in someone elses shoes and see how it feels to be violated in this way. I don’t believe the cop, but then again maybe I am biased.

  14. A says:

    If the girl is throwing up and your that worried about her, as a cop, it is your responsibility to take her to the hospital where she can be properly cared for. His argument makes absolutely no sense.

    1. heidi says:

      amen to that…I couldn’t agree more…

  15. steve pepe says:

    So many people here comment about this cop’s actions. That he made a fake 911 call and went back 3 times.

    That does not prove he raped her. It might prove he stepped over the line as a cop on duty, and it may prove he had sex with her.

    But it doesn’t necessarily prove he raped her. Whether we like it or not, facts related to the allegations must be proven. Everything else is irrelevant.

    1. IgnoranteElephante says:

      Well said, Steve.

      1. Rodin says:

        It sure as hell looks like setting up an allibi….

    2. rdp says:

      if she was incapacitated and he had sex with her, it was rape. if she was incapable of consenting because of how intoxicated she was, any sex that he had with her was rape. it’s that simple.

      1. Rob says:

        No, it is not necessarily rape. Your logic would mean that a woman could not be held responsible for anything if she was intoxicated because she was too incapacitated to make a choice. I did some pretty stupid things when I was in high school and college involving alcohol, but even when I was drunk on my ass, there was a little part of me that knew I was about to do something dumb. I woke up more than once in a strange bed without remembering how I got there or who the other person was.

    3. jtorres says:

      If she is that drunk (as he has admitted) and that incoherent (as he has also admitted) that the cabdriver was concerned enough to call the police, she is obviously not in a state to give consent to sex. Even if she was, he was ON DUTY. He could have called her and asked her out — or to bed– the next day, when she was coherent. But no, he figured, she can’t stop me and probably won’t even remember so let me get my rocks off now because she’ll probably say no tomorrow. It’s rape and as a cop, he knew that

    4. patti says:

      why would he lie? I am not saying he raped her though I believe he probably did. I just don’t understand all the lying from him. Did he really tell her he used a condom to “please her”? Does that mean he lied to her so she would not worry about STD’s? Why didn’t he just say he never had sex with her? If I am missing something here regarding this part of the story somebody enlighten me.

  16. story says:

    He did not use a government issued tool that is why he is NOT getting away with it.

  17. badman says:

    make sure you get some soap on a rope for prison, M&M. You’ll be squealing like REAL piggies then!

  18. Bob Fowler says:

    IgnoranteElephante
    I guess you are trying to live up to your handle?
    1-What do you mean even if true, it is disgusting? If his testimony is true, there is no rape, and nothing to blame on anyone. (having sex with a drunk woman – incapable of giving consent, IS rape)
    2-Plus, rumor has it she’s Oriental. Need I say more? Meaning? If she were white, green or blue it would have meant something different?

    If you have a daughter, and based on your comments I hope that you don’t reproduce, would you accept the fact that someone had sex with her while she was so drunk that she was puking all over the place as being anything besides rape?

    Your vocabulary leads one to believe that you have some education. How about using it to think through your comments before posting them? You don’t really have to be ignorant because that is your handle.

    1. IgnoranteElephante says:

      Bob, once again, you, sir, prove that even a monkey can express an opinion. The comment by Rodin, which I responded to, said that even if the cops’ story is true, there is no excuse for rape. If you were capable of comprehending the words as written, as opposed to just spitting out reactionary garbage, you would see the point of my reply was that if, in fact, the cops’ story is true, they are not guilty of rape. Their stories do not, as Rodin insinuated, attempt to justify rape. Their story, again which you would know if you were literate, is that they did not rape her. If true, again the testimony does not justify rape and it is not disgusting. Thus, Rodin’s original comment, which I suggest you have someone read and explain to you, makes little sense. Now, you’re free to not believe these cops’ stories and express whatever dimwitted opinion that your unsophisticated brain can muster, but, please, try to make sense in so doing. Your stupidity is unbecoming.

      Just as these police officers do not check their Fourth, Fifth, Sixth, and Fourteenth Amendment rights at the door because the majority of commentators here believe them guilty, I do not check my First Amendment right at the door because you feel my opinion concerning Orientals—yes Orientals, not Asians, is unpopular. With that said, what was my opinion concerning them? You don’t know. You only assumed that I meant that she deserved it. That, of course, I did not say and did not mean.

    2. BEHAVE says:

      Any way you and that Elephant guy can exchange email addresses? Or maybe even IM each other… more efficient in my opinion.

    3. patti says:

      She would be Asian…not Oriental. Oriental is the description of a rug. Asian is the correct term.

      1. IgnoranteElephante says:

        Oriental, although deemed politically incorrect by some, is an acceptable term for those in the Far East. Orient is Latin for East. Asia, being big has many, regions such as the Middle East and the South East. Asia would be insufficient to particularize the region.

  19. RayKellyisacriminal! says:

    “She was really drunk, and puking and I was concerned, and she was coming onto me”
    Only a criminal like a cop would think a drunk chick can consent to being raped.

    1. sehsamuel says:

      you’ve never had a drunk person over step your comfort zone???

  20. DannyBoy says:

    I lost all respect for NYPD couples of months ago when i ran into an ass officer who wanted to arrest me when i confronted one of my unpaid living tenant for dealing drugs from my home. This MF also used the words such as ” you people” because i am a non-white non-christian. Majority of the NYPD are fking racist and crooks themselves. The two MFs need to be put behind bars for life for raping this girl. Does anyone think his story adds up to what we see daily what these cops do!

  21. GUZMAN says:

    THOSE PIGS ARE GUILTY-CASE CLOSED-NEXT!!!!!

    1. Ned Martinez says:

      Amen to that.

  22. Omar says:

    The NYPD always gets off. The can shoot someone in cold blood and call it self defense so the alleged rape of someone is not going to move them one bit, especially if these cops only get a slap on the wrist by the jury and/or IA.

    1. Ned Martinez says:

      I guarantee you they will be doing some serious time Upstate.

  23. azad says:

    Both the woman and cops are guilty. The woman is guilty because, she committed form prostitution. She explicitly seduced the officer in it but now asking the taxpayers to pay for it. Moreno is guilty, because he betrayed with the taxpayers!. Instead of doing his assigned job, he was getting some soecial job done! Shame on you for not being able to control yourself!!!

  24. joan l mcgrath says:

    If this cop is found guilty i would be very surprised, no cameras even with cameras the saying is you did not see before the camera started rolling, you do not have the whole story,, in -Streamwood il. the cop who beat the man when he was down doing just what he was told to do, they said he was a real good cop but that was before cameras showed us how good he really was, they are trying to get him probation and waiting untill the end of May to decide. DO YOU- thinksomeone else would get that choice?

  25. iggy says:

    he was “snuggly” with a puke-ridden, drunken woman and he entered her from behind. i hope he finds out what that is in his new upstate digs

  26. azad says:

    I live in really ‘not good’ neighborhood in The Bronx. During the past year, I made several 911 calls to report incident such as, ‘Kids fighting/shouting on the street at the middle of night’, Innocent passer by getting robbed and beaten. Unfortunately cops rarely showed up on time. If I made follow up call after an hour or two to see what is the status or how far the cops are? 911 operators would say, cops have other emergency to take of first. Ken Moreno’s’ case is an example of cops having other emergencies which are much more severe than a street fights or robbery!!!!

  27. GREG says:

    YOU MEAN TO TELL ME THIS COPS DEFENSE COUNSEL COULD NOT COME UP WITH A BETTER STIORY THAN THIS. HE RETURNED TO THE APARTMENT THREE TIMES AND MADE FAKE 911 CALLS.. WHAT POSSIBL REASON COULD HE HAVE TO RETURN TO SEE HER THREE TIIMES. THIS GUY AND HIS PARTNER ARE JUST BIG LIARS AND SHOULD BE CONVICTED BY A JURY. THIESE COPS ARE SUPPOSE TO PROTECT US…. COME ON NOW….

    1. Gregg says:

      Absolutly guilty. HANG-UM HIGH. If they get off, it will be a travesty of justice !

    2. Ned Martinez says:

      Please have faith in the system. It may not be perfect but I can guarantee you that they will be going to prison for a long time.

  28. Rodin says:

    “Ignorante” is mild. “Estúpido” is more like it. Maybe “imbécil” is even better. And that’s just about you.

    Taking advantage of an under the influence incompetent who cannot consciously give consent IS RAPE.

    ‘Ele-PH-ante’ should be “ele-F-ante”. Tras de idiota, IGNORANTE.

    See, we speak the same language. We understand each other? And Moreno and his buddy Mata.

    1. IgnoranteElephante says:

      That you speak Spanish is no surprise, but you still haven’t answered my question. You say, “even if true,” there is no excuse for rape and you mumble something about “blame the victim.” I proposed an inquiry that obviously went above your thick head, but I will repose it for the sake of the group. If, as you postulated, the cops’ story is true, there would be no rape or a victim to blame, just two innocent men. Innocent is exactly what these two men are until proven guilty by a seated jury of their pairs, and not some rabble rouser like you. Thus, if they are telling the truth, they shouldn’t be shamed by you or our criminal justice system. I find you statement that “there is no excuse for rape” elementry beyond all concern. No one on this board insinuated that and neither of the two officers attempted to justify a rape. They merely denied it. Again, the jury will judge these men. Finally, I don’t speak the same language as you; I speak English. My name is not derivative of any Spanish word.

      1. karlson says:

        To gnoranteElephante – Even if the jury were to “find” these two not guilty, rest assured that the NYPD will and will toss them both on their butts.

        They called in a false report and that’s going to hang them. Also they weren’t where they were supposed to be and there are surely more departmental charges awaiting. The book will be thrown at them by NYPD – REST ASSURED OF THAT! Internal affairs has no sense of humor and is totally unforgiving.

    2. IgnoranteElephante says:

      Rodin, will you give us some more of your insightful observations that are on par with your earlier “there’s no excuse for rape” comment? How about “Crime is bad”? Maybe, “summer is warm” and “winter is cold.” “Explosives are dangerous” or “Cardiac arrest is bad.”

      1. Rodin says:

        IgnoranteElephante:
        “Plus, rumor has it she’s Oriental. Need I say more?”
        “Finally, I don’t speak the same language as you; I speak English. My name is not derivative of any Spanish word.”

        How about ‘You are a bigot and a racist and prejudiced against Asians, especially women.”

        “How about “I speak at least one more language than you do?”

        How about “Ignorance is bliss?”

        Is that insightful enough?

      2. Rodin says:

        Oh:

        How about “IgnoranteElephante is sexist”?

        How about “IgnoranteElephante is pretentious and tries to write in a language he can’t spell”?

        How about “IgnoranteElephante is the Ugly American redux”?

        How about “IgnoranteElephante ES UN IGNORANTE”?

        Enough insight?

      3. IgnoranteElephante says:

        How about Rodin’s a coward who hides behind an untraceable screen name and insults people?

        How about Rodin has zero command of the English language, so when he says he speaks one more language than I, he is misinforming people?

        How about Rodin makes baseless accusations in that I never said a negative thing about Orientals or Women, and never insinuated this woman deserved to be raped?

        How about Rodin is UnAmerican in that he feels the accused do not enjoy the presumption of innocence in this country or the rights afforded by the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution?

        How about Rodin this is not a banana boat republic which you may be accustomed and those accused are afforded a plethora of rights?

        How about Rodin has the reading comprehension skills of a child in that he still has not fully grasped my comment yesterday which asked him to explain how these officer’s, who are denying raping this women, are justifying rape or blaming the victim?

        How about, Rodin, wouldn’t you agree that an accused should be afforded to defend horrific charges anyway he sees fit?

        How about Rodin’s a bully who enjoys picking on those with differing points of view than he?

        How about Rodin is too simplistic to see that cuddling with someone, lying to go back and see her, and making excuses may be police misconduct worthy of being terminated, but do not in and of themselves amount to rape?

        How about nothing I said in any comment said was racist or sexist and Rodin is just doing what people have done since time immemorial, and playing the race card because he cannot reason through an adult discussion without accusing anyone who disagrees with him of being racist?

        How about Rodin must be joking when he says simplistic truisms that are beyond dispute like “rape is inexcusable” when no one—not I or the cops on trial—ever tried to say it was?

        How about if Rodin were ever accused of a crime, which judging by his attitude, is not at all unlikely and may have happened already in the past, I would wager that he would want to be considered innocent to proven guilty, but his comments here only bespeak of his blatantly hypocritical way of thinking?

        How about if these were just two ordinary Hispanic males that were not cops accused of raping this women, I would place another wager that Rodin would not be calling for their heads and insinuating that their defenses were justifying rape?

      4. Rodin says:

        GOTCHA!

        “I don’t care what anybody says about me as long as it isn’t true.”
        ~ DOROTHY PARKER

        Bye.

    3. IgnoranteElephante says:

      “GOTCHA”? You didn’t get me. Evertything that I said was true, demonstrated to be so by your own baseless accusations and comments.

  29. RS says:

    Lying down with her??? Above the call of duty Mr. Moreno. Seeing she get to her apartment safe was good enough. She’s a grown woman, intoxicated or not. You should have left and certainly NOT have come back 3 times. That tells a story of an obsessed cop maybe up to no good.

  30. joke says:

    She must have forced him to do the nasty !

  31. DIVERSITY = DEATH says:

    This cop looks like he eats RATS !!!!

    WESTERN VOICES WORLD NEWS

    WVWNEWS.NET

  32. Bobby Santiago says:

    Yes he went back to her apartment just to see how she
    was doing 3 times using a lie to his officers and NYPD dispatchers and then sang to her,softly and became an expert from AA.

    WOW ! what a kind and loving cop, give him the Nobel prize.

  33. Bob W. says:

    Tragic for all parties involved! Regardless of what happens, please lets not forget that, overall, police officers help people a lot more than they hurt them.

    1. heidi says:

      Umm, yeah, ok, whatever – tell that to Amidou Diallo – oh, that’s right, you can’t…because he’s dead. Police shot him dead because he was reaching for – HIS ID!

  34. Sharon Needles says:

    Oh yeah…he did it – he saw an opportunity in this drunk lady and jumped at it. Not that she put up much of a fight…she took one look at this hot Latin cop and grabbed for the brass ring. They’re both guilty…and they’re both pigs. Stop wasting the court’s valuable time, take responsibility for what you did, learn your lessons and move on…

    1. edlo says:

      that , makes more sense now..

  35. JFK says:

    If these guys don’t go to prison the justice system is going to have one huge nightmare from public outcry. These two are guilty as sin. The explanations they are giving is like a 3 year old caught with her/his hand in the cookie jar. It just is not coming close to leaving reasonable doubt. In fact, it leaves not doubt. GUILTY, GUILTY, GUILTY, GUILTY……

    1. Omayra says:

      WHERE IS THE EVIDENCE????

      1. chris says:

        they went to her house 3 more times. that is the evidence

      2. niklu says:

        You must be a cop…. what a stupid comment

      3. badman says:

        at least we have hard evidence that Omayra is a BIG FAT IDIOT

    2. joanl mcgrath says:

      JFK, do you think they are going to give him jail time? he is going to get a vacation with pay, 3 times how bad did he think she was if it took 3 visits to check on her , maybe an ambulance would have been a better call.

  36. David Ruffin says:

    Just like the William Kennedy Smith rape trial of 20 years ago, the victim is drunk and makes accusations, it is IMPOSSIBLE to figure out exactly what happened and when. These cops are going to be found NOT GUILTY because the jury will be unable to convict them beyone a reasonable doubt.

    1. Omayra says:

      David I agree with you. In America a person is innocent until PROVEN guilty. There is no hair or DNA evidence. I motive is MONEY. It is impossible to figure out what happened!!!!

      1. niklu says:

        Yes, he went back to her place 3 time to cuddle,.., he was very concerned about her….. right.
        And the lookout cop didn’t notice how good looking she was, he took a nap on her couch and didn’t hear anything while his partner was in her bedroom.
        Are you for real!

      2. IgnoranteElephante says:

        Plus, rumor has it she’s Oriental. Need I say more?

      3. lenny says:

        why u so stoopid?

      4. IgnoranteElephante says:

        lenny, your comment speaks volumes about your stupidity or should I say “stoopidity.”

      5. Rodin says:

        EleFante, ” your comment speaks volumes about your stupidity.”

        “…she’s Oriental. Need I say more?” speaks volumes about your racism and bigotry.”

        Your prejudices aside, “Oriental” is as pejorative to Asians as N____r is to an African American or the out-of-use “Sp_ k” to a Latino and you know it. That’s why you used it.

        Next time someone says something about Hispanics, which I suspect you are, think about it.

    2. jtorres says:

      William Kennedy Smith was not a police officer. Mr. Smith was not video taped entering the woman’s building 4 times. Mr. Smith did not have a partner to sink him on the stand and finally, Mr. Smith was smart enough to not take the stand himself so he wouldn’t be crucified by the prosecutor. William Kennedy Smith was rich enough to hire a lawyer that got him off. Those are all the differences. You can’t compare the two trials

  37. edy says:

    These dirt bags are lying through their teeth…GUILTY, GUILTY,GUILTY and the lawyer representing them?….forgetaboutit

  38. styles says:

    They are professional liars: they would ask of us to suspend reality, and by into their story. No different than the lies they tell when shooting black people, and juries set them free. Facing 25 years, what else can we expect. however, they are both done as cops.

  39. liwingnut says:

    This is yet another example why people do not trust cops……

  40. DIIVERSITY = DEATH says:

    STORMFRONT.ORG

    JOHNDENUGENT.COM

    WVWNEWS.NET

  41. skalley 99 says:

    That woman has to be extremely agile if as the officer says,”while she was trying to take off my vest, she was rubbing her buttocks against my groin”.

  42. Jay Hall says:

    If this cop felt thaat this woman really was coming on to him and that someone needed to check up on her, why not send another female cop to go back to the apt? 3 times they went back? Come on. And his partner just happened to fall asleep when this woman was being “comforted”?? It’s all a crock of BS. To me NYPD does not mean to serve and protect. It means to take advatage and violate. These 2 will walk just like all the others. Having an NYPD badge is the equivalent of a get out of jail free card.

    1. Anne Hill says:

      the cops know from years of experience how to work the system – how to make what happened unclear. they think it makes them smart. good for her for fighting & following through. he might walk because “probable” is not “beyond a reasonable doubt” but his life is forever changed and he will not be put back out into society as an officer, so i hope it was worth it.

    2. jtorres says:

      Ever hear of Robert Livoti? He’s doing 15 years for killing a young man in The Bronx and after threatening the life of a judge. In open court. On the record. Among other things.

  43. Joseph Didonato says:

    Even Joseph Tacopina knows this guy is guilty as sin. She was 17, disgusting!

    1. IgnoranteElephante says:

      She was 27

  44. nyc says:

    Why didn’t they call a friend of hers or take her to the hospital if they wanted to help her so much and why didn’t the police send a women cop knowing it was a girl totally drunk ? They are sooo guilty ! Sad.

    1. ed says:

      let s hope the jury doesn’t let this guy walk. Only takes one idiot for him to walk.

  45. Rodin says:

    Textbook lame the victim. Disgusting. EVEN IF TRUE, there is NO excuse for RAPE.

    1. IgnoranteElephante says:

      What do you mean even if true, it is disgusting? If his testimony is true, there is no rape, and nothing to blame on anyone.

      1. Rodin says:

        “Ignorante” is mild. Of course, you’re discribing yourself. I’ll reserve harsher words for our two “officers of the law.”

        Wrong. Taking advantage of a woman under the influence who cannot consciously give consent IS RAPE. By a cop, uncoscionable and contemptible!

        BTW, ‘Ele-PH-ante’ should be “ele-F-ante”.

        We speak the same language, the same as Macho Moreno and accomplice Mata.

  46. Peter says:

    send this cop up the river and tell him to pack some ky jelly !!!!!!!!!!!!!

  47. Walter S. Fortune says:

    Unfortunately in today’s society morality, honesty, and “doing the right thing” is manifest in the behavior and actions of law enforcement officers only when it is convenient and will further serve to “feather their nest”. The level of personal corruption is at an all time high, leaving those few truly honest and professional members of law enforcement to fend for themselves. most people i know are sadly disillusioned and very mistrustful of either police or firefighters being called into their homes. One only needs to recall the rampant thievery commonplace in the World Trade Center after 9/11 to confirm why they cannot be trusted. Sad but true.

  48. Ken J H says:

    These “officers” returned at least three times. They placed a fake 911 call and falsified their reports to cover their tracks. They have no answer for why they kept returning, but the “Lookout” officer, on the stand says “Maybe they had a rapport.” These are people who believe the badge places them above the law and any questioning. In their minds, the crime is not accepting their stories no matter how flawed. Personally, I don’t think this is the first time they’ve done this. Ii understand backing up your partner to hold onto a good bust. But when it’s to cover wrongdoing, ALL cops have to stand up and say “NO!” The look out should have put a stop to it when Moreno wanted to make the false 911 call. For the sake of the City, the Force and Women they must be found guilty.

  49. jocken says:

    well, you’re a police officer. you’re there to protect people not to take advantage of that authority, thats what you have pledge for behind that police office’s badge . . .

  50. Bill W says:

    This cop really thinks he’s above the law. Gives all cops a bad name. He didn’t commit a crime ? He admitted to making a fake 911 call on the stand, thats not a crime ? If this guy is found not guilty all police will be hurt, and he gets back pay no wonder we are in bad shape

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