Alleged Rape Cop’s Attorney: $57 Mil Lawsuit Is Part Of Accuser’s Motivation

Ed Mandery Tells Jurors Not To Trust Woman With Bad Memory

NEW YORK (CBSNewYork) — There were dramatic developments Monday during closing arguments in the trial of two New York City Police officers accused of rape.

The attorney for one of the officers said the victim is in it for the money, reports CBS 2’s Pablo Guzman.

At the end of the day, Officer Franklin Mata walked briskly away from the courthouse. His lawyer, Edward Mandery, told the jury to remember that what the woman and her friends said on the witness stand was partially motivated by her $57 million lawsuit.

1010 WINS’ Juliet Papa reports: Closing Arguments Continue

“Any time you get witnesses that come in here and say thing inconsistent you have to question their motives. I mean, everybody knows here, it’s not an elephant in the room. There is a huge lawsuit against my client, Officer Moreno and the City of New York with regards to this case. So, there’s stuff to be gained,” Mandery said.

Adopting a low key, conversational tone, Mandery hit on the lack of hard evidence that would connect either Officer Mata or Officer Kenneth Moreno to the rape of the woman the district attorney said was so drunk, she could not say no, even though, Mandery said, a surveillance video showed the cops returning three more times to her apartment.

“We spent a day — a day of our lives — to listen to their experts say they had no DNA or fiber evidence. We spent over a day! To learn: nothing,“ Mandery said.

Mandery also cautioned the jurors to think about putting Officer Mata away on the word of a woman whose memory was impaired by alcohol.

“She doesn’t have a clear memory. She doesn’t have an accurate memory. You want to convict someone of a crime, don’t rely on a witness who doesn’t have an accurate memory,” Mandery said.

Now that the defense has finished its summation, it’s the prosecution’s turn Tuesday. And many people say it has got to win the case there.

If convicted for being the lookout while his partner raped the woman, Officer Mata is looking at a maximum of 25 years. If he is convicted of falsifying records, he is looking at one year.

Whom do you believe? Sound off in our comments section below…


More from Juliet Papa
Comments

One Comment

  1. MRS. I. UNDERSTAND says:

    SHE’S A CROOK..A SCAM ARTIST..A EXTORTIONIST. INITIALLY WHEN I HEARD THE STORY I WAS ABSOLUTELY DISGUSTED, I HAVE A TOP LIEUTENANT IN MY FAMILY. AS A WOMAN I BEGAN TO LOSE RESPECT FOR POLICE OFFICERS AND BECAME INSTANTLY DEFENSIVE AND SYMPATHETIC FOR HER.
    SHE NOT ONLY PUT HERSELF IN SUCH A VULNERABLE AND IRRESPONSIBLE SITUATION BECAUSE SHE WAS SUPPOSEDLY INTOXICATED OUTSIDE, BUT SHE NOW CLAIMS TO SUE FOR 50PLUS MILLION DOLLARS..SHE HAS TO BE KIDDING. AT SOME POINT SHE NEEDS TO TAKE RESPONSIBILITY FOR HER ACTIONS.
    MEN ARE GOING TO BE MEN WHETHER THEY’RE IN UNIFORM OR STARK NAKED,THEY WILL EVENTUALLY WILL BE DEALT WITH. IF IT’S TRUE REGARDLESS OF THE EVIDENCE THEY WILL PAY THE PRICE. THEY ARE NOW A DISGRACE TO THE DEPT., THEIR FRIENDS AND FAMILY.

    50MILLION FOR A ONE NIGHT STAND, A CONSENSUAL-RAPE,HOWEVER IT IS DEFINED IS NOT THE EQUIVALENT OF THAT. REMEMBER…SHE WAS HIGHLY INTOXICATED, HOW DOES SHE KNOW WHO WAS THE ACTUALLY RAPIST, IT COULD OF WELL BEEN THE TAXI DRIVER, THE BARTENDER, THE MAILMAN ETC.

    1. skalley 99 says:

      The attorneys are now getting into their game plan. When their client gets into trouble on the stand, they resort to the crying game. This is how they play jury. Remember Mr. Diallo, after being pumped with 41 bullets, one officer cradled him in his arms “dont die on me buddy, I’ve called for the bus”. Mrs. Clinton, after boldly predicting the campaign would be over feb. 2008 in Nov.2007, resorted to crying in N.H., to stay in therace. Of course she won N.H. Now here the report of a 50mil. lawsuit. If we cannot confuse the idiot jurors with tears, lets paint the VICTIM AS A GOLDDIGGER!!!

      1. MRS.I. UNDERSTAND says:

        @ skalley99, I definitely understand your theory, but this is not about politics. This is about a woman who claims two police officers came into her home and sexually violated her. Based on crime scene evidence there was no bodily evidence let behind,”at least not from these men” just an audiotape of the possible rapist admitting to using a condom, possibly to calm the “victim”. Today, tomorrow, or next year we may never know exactly what took place in that apt.
        At the end of the day it’s her claiming rape and suing the City for 50million dollars,and whether they will be held accountable for the attack.
        You can’t say I was bashed in the head with a brick and as a result I suffered from amnesia but I can without a doubt point the finger at the basher. When you’re under the influence of an alcohol or drug substance to the degree of intoxication your mind and thinking is distorted.
        Oh, and without a reasonable doubt the truth/half truth will come out.

      2. Lindsay Beyerstein says:

        She has more than enough to sue the city, just based on what the cops already admitted, or were proven to have done, in uniform, on duty.

        The cop who was accused of raping her admitted to “cuddling” with her while she was naked, except for a bra. Think about it. A man tells you he was in bed with a near-naked woman, but he just “cuddled” her. Would you believe that line from anyone else?

        They came back to her apartment 3 times that night, they made a fake 911 call to create an excuse to hang around her neighborhood.

        The victim had a blood alcohol level that would normally result in stomach pumping, but they never called her an ambulance, even though they saw her puking.

        Any first responder with the patient’s best interest in mind would have called an ambulance. Extremely drunk people can choke on their own vomit and die.

        It’s silly to say she’s less credible because she’s suing the city. That’s like saying that the cops are less credible in their denials just because they don’t want to go to jail. Sure, jail is an incentive to say you didn’t do it, but so is being innocent. By the same token, a lawsuit provides an incentive to allege rape, but getting raped is an incentive to allege rape and sue.

    2. Mr. I Get It says:

      To serve and protect…and, uh, spoon…and return to the apartment 4 times that night…to make fake 911 calls…to not call EMS.

  2. Education is Key says:

    lol..What DNA are you referring to? People still wanting DNA when Moreno stated he used a condom. He said it loud and clear, in his own words and you heard it. For the need to have DNA to convict audience , Moreno stated he spooned her in bed. I ask, where is the hair from the bed if DNA is so easy to come by?

  3. Sierra Love11217 says:

    Sexual desires can ruin a person life forever when it becomes wreak-less and lustful!____The law enforcement officers set themselves up if there was a rape! They did what was in their heart to do otherwise they would have handled that situation by the law that governs their JOB.__ The police officers should have called to have a female officer for backup because there was a woman who was drunk. Stop think and reason… why did the officers go back into that building? If that camera had never picked them up going back into that building it would be her word against theirs as it stands to reason! The word of God advises man to stay away from the appearance of transgression __ wrong doing! When transgression and lies get a hold of a persons soul-life they tag-team a person mind to rob, kill and destroy them.__________Checkout…. OmegaMinistry.org A Word in Season Audio Messages _Dead Men Walking….5/15/2011 is an eye opener for the mind.

  4. Kevin says:

    If these guys were two plumbers she met in the bar, we wouldn’t even be here. This would have been nothing but a night’s drunken escapade. Figure in two cops with VERY bad decision making…and we have a rape case.

    1. Officerwhoisagentlemen says:

      …cab drivers don’t call plumbers to help distressed passengers.

    2. jtorres says:

      Plumbers do not carry guns, badges and take an oath to serve the public good. And, by the way, she didn’t meet them in a bar.

  5. jun824 says:

    No DNA, not even a piece of hair, returned to apartment 4 times, no witness while crime was happening, and the only real evidence is a tape of him adnitting to wearing a condom, as much as I want dummy 1 and 2 get some real jail time they will not, maybe for false statements. about a year.

  6. you 2` says:

    he said he did it after she repeatedly threatened to go inside his station and cause a scene.

  7. Richard Higer says:

    THE defense attys did a good job,
    They pointed up all the inconsistencies in the VICTIM’S story.
    The jurors sat through the trial and can judge the credibility of the witnesses better than anyone who merely reads newspaper or other third party accounts of the testimony.
    I’m sure the verdict will be honest and just.
    We’ll just see!

  8. medwardl says:

    Unfortunately with the sheer amount of women that claim rape when none occurred It makes it really hard to believe any woman when they make the claim. It’s sad that it is seen as a way to get revenge or a way to get famous or wealthy. I’m sure there are those that aren’t lying but who do you believe the guy who’s life is on the line or a woman with little to no evidence with some possible motive.

  9. JUSTICE NOW says:

    GUILTY, GUILTY, GUILTY.

    Come on–if a mere citizen says what the cops “want to hear”, he goes to prison. Only the confession matters, not all the denials before it. That should go for cops just like for mere citizens. GUILTY AS CHARGED.

    1. coyboss says:

      Unless it was consensual!!

      How can the woman remember if it WAS OR WAS NOT???

      If you can’t remember because you were so drunk!!, then its your fault as much as anybody else

  10. Tommy says:

    Hahahaha – did you just tell me to “read the accusers testimony?” THE ACCUSER? That might be the funniest thing I have read on any of these blogs regarding this case. You actually believe that Moreno went back n forth with stolen keys to this womans apartment 4 times to cuddle with her while she was apparently covered in vomit, to sing Bon Jovi songs to her, kiss her on her shoulders, and of course counsel her on the dangers of alcohol abuse while Mata conveniently slept in the room next door…during all 4 visits of course??? Wow…I mean….wow.Tthere is no help for people like you. I am sorry.

  11. john r. says:

    On the one hand she allowed them to come in to her apartment and return four times, four times…I think she has to bear some responsibility, not as much as in the criminal act of getting raped, but a $57 million civil suit (I wonder how the lawyer came up with that figure- maybe a yacht, a house in the country, trust fund for kids…)…I’m getting drunk and calling some cops over to my apartment tonite! On the other hand, why as a police officer being accused of rape would I admit to wearing a condom when I claim I did not commit the rape? If this donut muncher winds up in prison he’ll have time to think about that one. And his partner will be thinking about how a moron got him ino this mess while he looks for vaseline to ease the pain in his rear while in prison, cause every prisoner is gonna want some of that az.

    1. jtorres says:

      She didn’t “allow them to come into her apartment and return 4 times” They kept her keys and allowed themselves into the apartment. That is one of the nails in their coffins. Even if they’re not found guilty, they’ve been convicted in the court of public opinion. Their lives are over. They’re going to have to change their names, dye their hair and move to a different country

  12. RT Wheatley says:

    “I told her I used a condom because its what she wanted to hear ???? ”

    That is truly one of the lamest excuses I have ever heard!

    Guilty of the crime and of possibly being two of the stupidest cops to ever wear the uniform – What a joke these two are…….You went back to her house 4 times – WHY ???????

  13. Nick says:

    If you were effed up the rear, you would sue for million$$$ too. Just to pay for several people to effed the rapist up the rear too, several times.

  14. Roy says:

    Then again suing for 57 mil,for a rape you can’t remeber might be a bit excessive!

    1. Truth says:

      well the lawyers will get 56.99999 il

  15. Roy says:

    To serve and protect,,,,,,,,that’s close, self service,and protect yourselves,that’s the motto of these two

  16. Al B says:

    UHHH..why would the cops need a lookout unless there was a reason to have a lookout. If its a normal situation BOTH cops shouldve went in, not stood lookout

  17. mla5063 says:

    I’m just trying to figure out why the “look out” cop was also accused of rape. I haven’t read anything on this trial so far that says he sexually assulted her in anyway. Am I missing something?

    1. looking for justice says:

      its called acting in concert. if a gun is found on the floor of a car, and there is 4 people in the car, they all get charged with the gun.

    2. Sierra Love says:

      If a room full of people stood around and watched one of your family members get abused or raped…I believe that you would want all of those people held accountable.

  18. Tommy says:

    Donna…is your last name Moreno or Mata?

  19. nyc says:

    Should be interesting what the Jury comes back with. The public says guily ! Surely guilty of breaking laws and maybe rape ! I wish the young lady was not seeking monitary damages so fast, she could have waited until this trial was over and then I would have agreed these are bad cops and guilty of rape.

  20. MIKE says:

    THEY ARE SO GUILTY, IF THESE GUYS GET OFF…IT WOULD BE DISPIICABLE!

    HOW CAN THEY NOT BE FOUND GUILTY????

    1. Ela says:

      totally agree!!

      1. looking for justice says:

        reasonable doubt. one person in the jury. thats all it takes. I don’t believe anybody in this case. And from everything I’ve read, I don’t see a rape conviction. Things in the courtroom are completely different. Body language, sweating, eye contact etc. It is something to follow on line.

  21. ABDOOL says:

    Would they have done the exact same thing if it was a man or would they have arrested him for public intoxication?

  22. M. Green says:

    I believe that these two so-called- law enforcement officers, represent the worst that this city can bring forth from its ranks relative to conduct unbecoming of their motto;
    “Courtesy ;Professionalism; and Respect”

  23. donna says:

    Someone should have told this bimbo that cops are civil servants and don’t make that much – then she could have chosen a better target!

    1. sigusmunt Kreusz says:

      Cops make more money then Transit workers and sanitation workers. I don’t hear about them being accused of abusing their official authority to allegedly commit felonies.
      Cops are the civil servants most often accused of such gross abuses of power. I have seen it and heard them brag about it. They know they compose a nearly untouchable brotherhood and always will. What Donna doesn’t know is that when cops are sued, it is the city’s taxpayers who pay the ultimate settlements, not the cops.
      So, when cops get sued, teachers, bus and subway workers, sanitation workers and even a few other cops and firemen lose their jobs!

    2. Tommy says:

      Donna…is your last name Mata or Moreno?

      1. Not Guilty says:

        I feel the same as Donna and NO my last name is not Moreno or Mata and I am a female and not related to any of these people. READ THE ACCUSER’S TESTIOMEY DUH. She admits she cannot remember how much she drank etc but remembers being raped???? For 57 million dollars how many pple would lie and bring a trial? Thank god you pple are not on the jury. Let them decide. To me NO DNA (please do not use he used a condom u would still have some kind of DNA) no proof he said she said. Get over it cop haters

      2. DIVA says:

        I AGREE WITH NOT GUILTY. THANK GOD THOSE WHO SAY THEY ARE GUILTY ARE NOT THE JURORS. IT IS HORRIBLE THAT YOU WOULD CONVICT PEOPLE JUST BECAUSE…….EVEN WHEN KNOWING THERE IS NO EVIDENCE TO PROVE THAT ALLEGATION. I CAN JUST IMAGINE HOW MANY INNOCENT PEOPLE ARE IN JAIL BECAUSE OF PEOPLE LIKE YOU.

      3. sick of cops says:

        i cant believe how many crooked cops are out there because of people like you

      4. Tommy says:

        Hahahaha – did you just tell me to “read the accusers testimony?” THE ACCUSER? That might be the funniest thing I have read on any of these blogs regarding this case. You actually believe that Moreno went back n forth with stolen keys to this womans apartment 4 times to cuddle with her while she was apparently covered in vomit, to sing Bon Jovi songs to her, kiss her on her shoulders, and of course counsel her on the dangers of alcohol abuse while Mata conveniently slept in the room next door…during all 4 visits of course??? Wow…I mean….wow.Tthere is no help for people like you. I am sorry.

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