Both Sides Prepare Closing Arguments In NYPD Rape Trial

NEW YORK (CBSNewYork) — Closing arguments were expected Thursday in the six-week long trial of two police officers charged with rape. Officers Kenneth Moreno and Franklin Mata could face up to 25 years in prison if they’re convicted.

WCBS 880’s Irene Cornell reports from the courthouse

Officer Moreno’s last moments on the witness stand Wednesday may have been critical. Under pressure from heated prosecution, he admitted he kept secrets about the night in question.

Moreno was accused of raping a drunk fashion executive in December 2008. Both he and partner Mata were helping the drunk, then 27-year old woman.

Assistant District Attorney Coleen Balbert grilled the cop about the details of the night in question, determined to bring down Moreno on his third day on the witness stand. She got him to accidentally reveal a lot about himself at the end of this exchange.

Balbert: “What did you tell Officer Mata about what happened in the bedroom?”

Moreno: “Nothing.”

Balbert: “You never told Officer Mata that she tried to come on to you?”

Moreno: “No.”

Balbert: “You never told him any of these things?”

Moreno: “I never kiss and tell.”

That came after Balbert said she found it unbelievable that Moreno claimed he did not tell his partner, Officer Mata, what was going on inside that bedroom. But the tone between Moreno and Balbert got truly heated and so confrontational in this next exchange, Balbert was yelling.

Balbert: “After 17 years as a police officer, were you aware that having sex with someone when they are not able to give consent is a crime?”

Moreno: “That night? I wasn’t thinking about that then because…”

Balbert: “Answer yes or no!”

Moreno: “I didn’t have flash cards in front of me!”

Balbert: “Yes or no!”

Moreno: “Generally, yes.”

When the woman secretly recorded Moreno outside the 9th Precinct, Balbert wondered sarcastically why Moreno never used the moment to tell the woman she was the one who came on to him, as Moreno now claims.

Balbert: “Did you utter the words to her, ‘You were naked in that bedroom except for your bra!’ did you?!”

Moreno: “No.”

Balbert: “You never told her because it never happened!”

Moreno: “That’s not true.”

Earlier, Moreno claimed the woman called him into her bedroom on his third return visit to her East Village apartment.

Balbert: “When you walked in to the bedroom, you didn’t see she had just a bra on?”

Moreno: “She had covers wrapped around her.”

Balbert: “She pulled those off?”

Moreno: “She pulled them down and came over to me.”

Balbert: “You didn’t see her take off her dress?”

Moreno: “No.”

Balbert: “You did not see her take off her bra?”

Moreno: “No.”

Balbert attempted to establish that Moreno, who was on duty, engaged in some level of intimacy with the intoxicated woman he was summoned to help.

Balbert: “You said she tried to kiss you.”

Moreno: “Yes. And I turned my face. She touched my vest and she asked me what it was. I told her it was my bulletproof vest. She asked me if it works. I said I haven’t found out yet then I kissed her on the forehead.”

Balbert: “She rubbed her buttocks against your groin area?”

Moreno: “Yes.”

Balbert: “Was that unexpected?”

Moreno: “Yes. I told her there was another time for this.”

Under questioning, Officer Moreno then tried to characterize himself as a reluctant participant in an unfortunate situation.

Moreno: “She was holding my right hand, she loosened her grip. I was trying to slip out.”

Balbert: “You said you felt bad. You said you didn’t want to be there?”

Moreno: “I didn’t want to be there. I didn’t want to be lying on the bed. Not like that. I didn’t think any of that was going to happen.”

Balbert: “You held her?”

Moreno: “She wanted to be held, so I held her.”

On Tuesday, Balbert focused on a secretly-recorded conversation Moreno had with his accuser in front of the his precinct station house.

Whose testimony do you think is more credible in this case? Leave a comment below…


Comments

One Comment

  1. Bettwe Majore says:

    What;s wrong with our Police academy training male officers
    to live in a drunk womans apartment,use her couch for a nap,jump
    in bed with her when she is naked and sing Bon Jovi songs while
    telling her that booze is a bad companion ?
    How foolish this is ,to have come to trial.

  2. MRS. I. UNDERSTAND says:

    Regardless of her state of mind, he was flat out wrong. He has a responsibility to the public and dept, he should’ve known better. His job is to ensure that she was safe within her apt, fill-out a brief report and leave. He apparently realized she was intoxicated and took full advantage of it.
    By the way, she should be ashamed of herself. What was she drinking/smoking that she was totally unaware as to what she was doing. She needs to enter AA or rehab if she has such an in-dept problem.
    I believe the issue of her “intoxication” should raise eye-brows during deliberation, how is she capable of identifying him or the “rape” if she was so out of it. Women need to be more aware of what they are doing when they venture out for the night. If you can’t hold your drink, Stay Home.

  3. Joey from Bensonhurst says:

    What is wrong with her? It’s not like he got her pregnant or something….forget about it. Life is a bit ch….then you run into another one.

    1. KPMc says:

      You feel the same way if it’s your mother, sister or girlfriend, Joey?

    2. Joeys' venting everyone.... says:

      @Joey..wow that was a bit abrasive. What happened she broke your heart, did she sleep with your hang out buddy, your father or better yet the pizza owner on cross bay ????????????

      1. He's bigger & better....DUH says:

        @duh……..duh dummy..that’s a known fact.
        Why do you think Joey is so ticked off, nothing worse than your girl running off with the mafia…….DUH

  4. ed says:

    I always believe in our court system, if these guys are found not guilty there is something seriously wrong with our system.

    1. Eric says:

      Why? Because the only evidence that a rape actually occurred is the testimony of someone who was so intoxicated that she admitedly had to be carried into her apartment? Did he have sex her, probably. Was she too drunk to consent, probably. The great thing about this country is that probably is not enough to take away a persons liberty. That’s a good thing for all of us.

  5. LKS says:

    I would have a very hard time believing the story of a woman who was so admittedly drunk that she kept passing out and had to be helped home. Maybe these 2 officers spent more time with her than they should, but I do not believe this woman is a victim or blame free. iI would question anyone that williingly got themselves that drunk,, she is not some college kid at a frat party. If they only evidence they have is the word of a severely inebriated person, then the jury should defintiely find them not guilty. And yes, I am a woman!

    1. Claude says:

      It’s very interesting to hear this perspective from a woman. But their repeated visits to her apartment clearly couldn’t have had any pure motives, especially if she was heavily drunk. No man fakes a 911 call as an excuse to go back to a woman’s place when he intends, as Moreno claims, to say no to her entreaties. If she is less than credible, then what’s Moreno? Personally, I’m convinced that this was a predatory crime of opportunity committed by people with a duty to protect.

      1. BLF says:

        CLAUDE I agree with every post you listed thus far…Your very intelligent..!

        Let us all commenting here STEP BACK for a BRIEF moment.

        LET’S BE OBJECTIVE WHY WOULD POLICE OFFICERS “RETURN TO HER APT” 3 TIMES FOR WHAT?…..does NYPD PROTOCOL state you must return to the drunk persons apt with their keys to check on them 3 times…????

        NEXT QUESTION: WHY IS HE LYING IN HER BED??? DOES THE NYPD PROTOCAL state that you are to lie down in the public bed to comfort them when they are drunk?

        NEXT: DOES NYPD PROTOCOL REQUIRE OFFICERS TO SING A BON JOVI SONG ( a very overrated singer who got lucky) in her bed while hugging the victim?

        NEXT QUESTION THE OTHER OFFICER is ASLEEP ON THIS WOMEN’S COUCH……? does the NYPD PROTOCOL state that officers can fall asleep on the public couch in their apartments when wanting to sleep….??

        NEXT QUESTION, DOES THE NYPD PROTOCOL PERMIT OFFICERS TO CALL INTO DISPATCH WITH FAKE CALLS PRETENING TO BE CANADAIN WITH A THICK NY ACCENT??

        THESE ACTIONS ARE ALL IN VIOLATION OF ALL NYPD PROTOCOLS CLEARLY INDICATE “COVER-UP”….NYPD PROTOCOL DEMANDS THAT SHE BE PUT IN AN AMBULANCE ALCOHOL BLOOD POISIONG IS SERIOUS STUFF, THAT IS WHY SHE WAS VOMITING SO MUCH AND SO DISORIENTED

        I do believe she flirted with the officer, because something about her caused them to come back, but it DOES NOT EXCUSE WHAT HE DID TO HER

        WAS SHE RAPED? …. YES…. WAS SHE ABLE TO PREVENT THE RAPE…NO……..THAT MAKES IT A CRIME

        I FEEL VERY BAD FOR THE VICTIM I ALSO FEEL VERY BAD FOR THE OFFICERS BECAUSE THEY WERE NOT GUIDED BY NYPD PROTOCAL, NOT BY DUTY, NOT BY ETHICS, NOT BY THEIR OATH OF OFFICE BUT BY THEIR YKW……BUT YOU CANNOT TAKE ADVANTAGE NOR RAPE ANY MEMBER OF THE PUBLIC WHILE YOUR SOLE UNCOMPROMISING DUTY IS TO PROTECT THE PUBLIC BY UPHOLDING THE LAW… I HAVE NO DOUBT THAT THE NYPD TOP BRASS ARE TRULY STUNNED BY THE SHEER INSANITY OF THESE OFFICERS ACTIONS, AND I HOPE THAT TOP BRASS REALLY PUT IN PLACE CLEAR TOUGH MEASURES AGAINST NYPD OFFICERS TO WEED OUT BAD COPS BECAUSE GOD KNOWS NYPD IS FULL OF CORRUPT COPS LYING, COVERING UP, PLANTING EVIDENCE AND FALISFYING RECORDS AND SO MUCH MORE……

        PS, This will end up being another dreadful LIFETIME MOVIE…!!!

    2. ed says:

      Sounds like you are a woman police officer who dated one of the cops ?

    3. KPMc says:

      Hope you’re never in need of help or in the situation but if so you’d better hope the people helping are a little better than these two pieces of garbage.

      They were ON-DUTY… nothing they did was acceptable behavior even if there was no rape.

      You people making excuses for these two animals really need your head examined

  6. DIVERSITY = DEATH says:

    Johndenugent.com
    stormfront.org
    wvwnews.net
    western voices world news !!!!

  7. styles says:

    falsum in uno, falsum in omnibus!

    these two rats, cannot get away from their false 911 call!
    you cannot believe anything else they say unless it is independently corroborated! and you cannot corroborate anything else they say!
    they also cannot walk away from four trips back to her apartment; question, dd the da ask them if they discussed why they were returning to her apartemnt? since moreno said he did not discuss with mata what happended in the bedroom when they left!

    if this was consensual, there would be a lot of chest thumping and eye winks!

  8. Officer Innocent says:

    Innocent

  9. Art says:

    I think they better cut a deal fast.
    They’re toast

  10. looking for justice says:

    There is reasonable doubt. All it takes is 1 juror. No hard proof. No DNA. They broke nypd rules and regs. but as far as rape goes, I think they will walk. So many people out here seem to hate the police. But in the big picture…….lose the hate and these boys will walk.

    1. KPMc says:

      Or you could just be blind… not let your prejudices control you… and see this for what it is. Two animals that don’t deserve the trust of walking my dog much less being NYC police officers.

  11. nyc says:

    These cops are Dumb and Dumber. It’s hard to believe anything the cops say !
    The girl may not have been raped but there is plenty of evidence against the cops ,breaking the law and they should be held accountable ! Plenty of good cops out there and some bad ones for sure !

    1. Zoe says:

      I agree. My whole thing is that I do believe regardless if their was a rape or not that what these cops did was completely unacceptable. They were on duty and wasting time on some drunk woman who just needed assistance into her home, that shouldn’t take as long as they were involved with her. That being said, my question from day one has always been that if this woman felt she was raped, why didn’t she go to the hospital and have a rape test done? Why did she not keep her bedsheets for dna evidence? As a woman, I feel these would be the very first things I would do because I know those things are necessary for conviction. My take is that all 3 of them are lying. I think the woman had buyers remorse and I think the two cops are down playing what happened. They should be fired, but I don’t know about jail time. If this case involved two regular men, the grand jury probably wouldn’t even have indicted. There is ZERO physical evidence and in rape cases physical evidence is sort of necessary.

      1. Don'tVictimBlame says:

        It’s obvious you haven’t been following this case, because the woman did have a rape kit done. I do believe this woman was raped. Those cops are just trying to save their tails with fabrications. Why make a fake 911 call? Why go through all of that just to ‘check up’ on a drunk woman?

      2. Zoe says:

        Don’tblamethevictim,

        If she had a rape kit done, than it came back negative for fluids. I undertsand what you are saying about the 911 call, but don’t you think its possible that the sex was consensual and he did that to cover his butt? I am not denying that these cops were in the wrong, but rape allegations are serious. I am tired of hearing about “empowered” women who want to become a victim only when it suits them. We are either going to be weak and meager or strong and empowered- we can’t have it both ways. We can;t have sex and then cry rape because we regret it. I guess the media has made me jaded with all these storeis of false accusations, but to be honest, I don’t think we will ever know what REALLY happened that night. I would just hate to see innocent men go to prison for something as serious as rape. This story reminds me of the woman who recanted her rape story last year. The guy she accused(without dna evidence again) spent, I think, 5 or more years in prison before she finally had a conscience and told the truth. She was drunk to the point of falling over as well…

  12. D says:

    If this POS gets off, it will be a travesty.

    1. Ray Kelly says:

      If he got off, there would’ve been evidence.

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