DA Goes On Attack During NYPD Rape Trial Closing Argument

Prosecution Takes Back Some Earlier Lost Momentum

NEW YORK (CBSNewYork) — It was prosecution’s turn Tuesday to make closing arguments in the trial against two police officers charged with rape.

Prosecutors said the cops were supposed to be New York City’s finest, but instead were New York City’s worst, reports CBS 2’s Pablo Guzman.

Manhattan Assistant District Attorney Coleen Balbert, the lead prosecutor, tried to bring down Officer Kenneth Moreno and Officer Franklin Mata, who are charged in the rape of a drunken woman in their care. Balbert told the jury the cops lied instead of letting superiors know they really went back three times to the woman’s apartment, as they were seen doing on a surveillance video.

Prosecutor Coleen Balbert told the jury Officer Mata was like the lookout in a robbery. 1010 WINS’ Juliet Papa reports. 

“They lied about where they were because Officer Moreno wanted to have sex with her,” Balbert said.

Though Officer Moreno is accused of the actual rape, the prosecutor did not let Officer Mata off the hook.

“And when they’re inside the apartment, who is on the radio monitoring central? Officer Mata!” Balbert said.

“The equivalent of a lookout in a robbery, he’s the one who could warn, ‘we gotta go,’ so Officer Moreno could have sex with her.”

Prosecutors once again played key surveillance video showing the officers returning to the woman’s apartment.  WCBS 880’s Irene Cornell reports.

Balbert said that if a juror thought, for example, that either officer lied about why they kept going back to the woman’s apartment, the jury did not need to find a reason for the lie. The lie, she said, was enough. That makes a finding of guilt rather easy. Balbert said Officer Moreno left things out of his memo book because, “what Moreno did was intentional, intentionally leaving things out so no one can trace him back to her apartment.”

Many observers believed the DA had to win her case in her last argument, that the prosecution had been losing ground. On Tuesday, the prosecution made a very strong comeback.

On Wednesday, the jury of 12 men and woman is expected to be charged and will then begin their deliberations.

Please offer your thoughts in the comments section below.

Comments

One Comment

  1. Bizarre says:

    They were all at fault. She was drunk and couldn’t remember what happened (or couldn’t protest the rape, yet remembers everything)… It seems like most rape victims clearly remember what happened and were forced beyond their means. The cops behaved inappropriately. Period. They were CAUGHT ON TAPE returning to her apartment several times that evening! Who really thinks they were comforting her?! If you do you’re naive. Mata is the one who should feel bad for not intervening into Moreno’s bad decision making. Last but not least, there is NO PHYSICAL EVIDENCE. Remember the OJ Simpson trial? There was DNA evidence all over that crime scene and he got off!!! I feel really sorry that this poor woman was “taken advantage of” but I have to agree with Murray HIll and James on this one.

  2. marthaflocker says:

    pooooooooooooooooooooooooosy time!

  3. marthafocker says:

    pooosy time?!?!?

  4. Perseus317 says:

    I know that being a policeman is a difficult job, and I respect most of the people who choose law enforcement as a profession. That having been said, however, there are always going to be a few “bad apples” in any large police department. Some officers believe that, since they ARE the law, they are ABOVE the law. Some want to be police officers because of the power it gives them over other people. When these people are found, and if they have committed a crime, they should be punished to the fullest extent of the law. Because of the difficulties of the job, some police departments may tend to protect law breakers and abusers in their midst. It’s kind of an “us against them” mentality. In this case, if the jury decides that these cops are guilty, based on the evidence, then the judge should make an example of them, and “throw the book” at them.

  5. Social Drinker says:

    Does anyone know which bar was she drinking at?

  6. MIKE says:

    RAPE IS RAPE..THEY TREATED THISA WOMAN IN AN INAPPROPRIATE MANNER THEY SHOULD BE JAILED TO THE HIGHEST EXTENT.

    THEY TOOK ADVANTAGE OF AN OPPORTUNITY TO GET SOME P***Y AND THEY GOT CAUGHT! HANG EM AND HANG EM HIGH!!

    IM CALLING ON THE PEOPLE OF NYC TO STAND UP AND LET THESE ROGUE POLICE OFFICERS KNOW THAT WE THE CITIZENS WILL NOT STAND FOR THIS TYPE OF BEHAVIOR ANYMORE. THESE POLICE OFFICERS GETAWAY WITH MURDER TIME AND TIME AGAIN!

    STAND UP!!! CONVICT THESE CRIMINALS

  7. nyc says:

    Look at these guys. Two ugly looking cops ! It’s probably the only way they get women is by getting them drunk ! They just forgot they were on the job and couldn’t control themselves at getting a white girl ! It’s a racist thing.

  8. Dan Te says:

    Which bar was she drinking at?

  9. sabrina says:

    Please kill yourself. And when using a fake name, learn how to spell it, it’s more believable that way….dbag. Go back to watching kiddie p**n.

    1. give it up says:

      u know u wanna fk!

    2. Why don’t you go suck a lemon! Sour puss!

    3. Florida Police are the ones to blame for 9/11 I HATE PIGS!

    4. I HATE PIGS! THEY GET AWAY WITH EVERYTHING! LOOK AT WHAT MIAMI FLORIDA POLICE DID TO ME AND THEY GOT AWAY WITH IT! HOMESTEAD FLORIDA iN THE YEAR 2000 THE YEAR BEFORE 9/11!

  10. Aceof Spades says:

    Lock them up so they can get the same in return. Good ol hole digging.

  11. Bell Toller says:

    It is bad enough these cops are being railroaded. The victim who is an executive at a company should have used better judgement and not got drunk.

    End of story.

    1. sabrina says:

      SO, iits okay for cops to rape women who are drunk? COPS = the professionals who are supposed to help people in distress? You are a moron.

    2. Bell Toller says:

      Look, I’m just a d0uche making d0uchy comments. Feel free to ignore.

  12. Mario says:

    Standard Police protocol is to call an FDNY ambulance to service the intoxicated civilian.

    Nuff’ Said.

  13. bec says:

    i think the cops should pay just like the others that rape women.also i think that if they do the crime they do the time

    1. John Farnsworth says:

      Wow! That’s real original.

  14. yeah says:

    he wanted to get some poontang! u know it happened!

  15. Murray Hill says:

    I can’t wait to hear all of the morons who don’t understand the law screaming their brains out that it’s some huge injustice when these two are found not guilty of rape. They will be convicted of falsifying reports and the like. That’s it though. They will be found not guilty of the rape and burglary. There is no evidence of a rape whatsoever. There is no evidence that any sex even occurred. No DNA evidence from either of them. Not so much as a hair. And even if either of they did have sex with her, that is not automatically rape under NY law—even if she was bombed. NY state law regarding rape while intoxicated: “Physically helpless: physically unable to indicate a lack of consent (e.g. because victim is unconscious or otherwise unable to physically or verbally communicate lack of consent). ” It doesn’t say anything about being sober. Having sex with someone who made a bad decision because they were intoxicated is NOT rape under NY law. Can you imagine all the people who would be guilty of rape every weekend if it was illegal to have sex with someone who wasn’t “completely sober”? That would be total insanity. A person being drunk alone does not equal rape under NY law. The only way it’s rape is if they are physically unable to communicate lack of consent. If you’ve been reading the articles, they also allude to this. They all state that the prosecution needs to prove that she was physically unconscious or physically unable to speak when any sexual activity occurred for it to be a rape. I.e. how they are saying she was unconscious when her tights were rolled down and she was penetrated from behind. Which we all know is bogus after watching the video of her walking into the apartment without a problem in the world. We’re supposed to believe she was unconscious yet she remembers exactly what happened and exactly who did it? She was unconscious after she admits she drank SEVEN cans of Red Bull? They can’t even prove either of them had sex with her at all—nevermind prove that they raped her! Like it or not, that’s the law and they’re going to be found not guilty based on the total lack of evidence.

    1. james says:

      typical troll, it never seems to amaze me how people get paid to post their side of the story, you have placed this same post, verbatim, on may sites, good job, you are either a cop or work for the defense or you are family to these two defendants.

    2. banged! says:

      both cops wanted a piece of @ss but only 1 bang it out! we know it.. don’t know it they gonna prove it.. don’t get wasted if u don’t wanna get banged out!

    3. DIVA says:

      PEOPLE FORGET THAT IT’S ALL ABOUT THE FACTS AND EVIDENCE. WHY ARE PEOPLE CLAIMING THEY DID IT???THE GIRL WANTS MONEY, MONEY, MONEY. NOBODY TALKS ABOUT THAT…..THE JUDGE IS CORRUPT. AND ALL THE MISCONDUCT CHARGES SHOULD BE HANDLED BY THE NYPD DEPARTMENT NOT THE JUDGE. HE HAD IT OUT FOR THEM. HE SHOULD NOT BE A JUDGE ESPECIALLY SIT BEHIND THE THE SIGN IN GOD WE TRUST.
      I AGREE WITH YOU MURRAY HILL. THERE ARE TOO MANY IGNORANT PEOPLE.

    4. jbrutal says:

      hey Murray Hill, got a little extra time on your hands, do you? I hope you don’t talk like you write. you’ll never be able to take a breath

  16. G says:

    Possible scenario: Officer brings drunk woman home, she comes on to officer, he see’s more of her than he should (ie; pink bra and perhaps boobs/complete turn on for men), he becomes aroused but relents to his duity and leaves. He continues to be aroused and cannot control himself and thinks about this event all night long. He later returns to her apt has consentual sex after she has sobber up and leaves. She later on reallizes “Oh wow!, I can get some money from this if I play my cards right” and files rape charges. Is this scenario plausible? Did she go to the hospital the next day? Did she get DNA testing? If not, why not? Why did she confront him first and not file a rape report first?

    1. Rpm2085 says:

      Because she is a lying b—tch. Another women trying to take a mans life and throw it away. F—ck her b—tch. Dude, I had a women do the same thing to me. IT was not rape,like this women is crying,but she tried to take me down. Every where I go I have problems with women because of it, And I was not wrong. Even if these officers are acquited women everywhere will still give them problems,Either way there careers are over.

      1. KPMc says:

        There careers should be over. If you can’t agree on that then nothing else you say on this topic can be taken seriously. Rape or not the actions they took are opposite of what is required of them as police officers. That goes for the pansy-ass lookout to. Maybe more so cause he’s a ball-less lemming that just follows the blue code. At least the alpha male is good for something.

    2. John Farnsworth says:

      She confronted him first because it was her word against his and she needed to get him on tape (hidden) saying that he had penetrated her and that he had used a condom (smart).

    3. edlo says:

      it seems as if she requested something and the officer did not want to and said no and she is using some form of retaliation against them because of that. It is hard…
      specially these women are open to doing so many things….But guys the job is on the line and i think they dont have a job anymore….

    4. sadie sadie says:

      She seemed to be a woman who was someone at her job since her tilte was an executive position. Police officers get confronted with many different scenarios in thier line of work its their job and the oath they took to serve and protect even if your scenario is true its their job to not take advantage of these types of situations arroused or not. Have some self control and make the right choice.

  17. Fritz Von says:

    DA in full attack mode is a sure sign of having no case in the first place.

    1. DIVA says:

      FRITZ VON YOU ARE CORRECT!!!THE ASSISTANT DA IS A WOMAN WHO YELLED AND CONSTANTLY WENT ON FULL ATTACK THAT IS A SIGN OF NO CASE. THEY DON’T BELIEVE IN THE CASE BUT THEY HAVE A JOB TO DO.

  18. Sammy says:

    With all due respect James, as a lawyer you should know that your statement “DA’s needs the NYPD to prove their cases so one hand washes the other.” is backwards. The Cops NEED the DA to prosecute their weak cases. Too many times the DAs acquiesce to the cops in prosecuting cases that should be dropped but arent to cover police abuse.

    1. James says:

      Sammy, with all due respect it goes both ways, one hand washes the other. When the DA needs to cover its tail it knows it can count on a cop. Have you ever sat in a trial, do you ever wonder what those people sitting in the courtroom are doing? They are taking down word for word what the witness is saying in order to prep the DA’s next witness, see for yourself if you don’t believe me. It takes a long time to get official transcripts, I know DA’s very well and I have never heard of an honest cop, and this is no lie!!

      1. looking for justice says:

        james, you are a piece of work. i hope you never need a cop in your life. people like you make me sick.

  19. BirucuaSirviente says:

    I feel for these two guys, and more so for Mata — freak the blue wall (either way you will not be wearing that uniform) Mata should have talked and saved his ass. I feel for both because we hope they are getting what they deserve. But more I feel for the woman and us, because I know they are cops and quite often cops get away with murder. The jury may feel sorry for them who gave so much of their life, or demand irrefutable DNA evidence. (This ain’t CSI.) For one night’s stand they gave up career and life — Stupid. You can’t help but feel sorry for them, for their stupidity.

  20. alan says:

    most cops are legal criminals.. they are so guilty but will go free

  21. John says:

    Guilty

    1. get some! says:

      time to get laid!! these cops wanted to bang that out alllllllllllllllllll night long!!!!!!!!!!!!! wwwwwwwwwwwwwwoooooooooooooooooohooooooooooooooooooo freeee poooooooooooosy!

  22. kendra says:

    i have been following this case since day 1 i pray and and pray that they seriously get whats coming there way cause that is just plain wrong what they did to that lady.and when they go to jail and both of them drop the soap at the same time they are going to get whats due them for taking an advantage of that lady.

    1. G says:

      Kendra: Guilty before trial? In this country, you ARE INNOCENT until proven guilty.. Women do get so drunk they have to be escorted home by a stranger or police? Is that what YOU consider a lady? Designated drivers have been around fro a long, long, long, long, time. Women come on to men when they are so drunk they can not stand up? Do women present this problem to men and the Police on a day to day basis x 1,000? Answer; “YES” . If this woman or lady as you say had a designated driver or called a taxi, noe of this would have happened, HER DRUNKEN FAULT.

      1. KPMc says:

        Or if the cops thought with their brains and not their d!cks it wouldn’t have happened either. But I guess you don’t see it that way.

      2. Tommy says:

        G…you do realize that this case happened b/c she was passed out in the taxi that took her home from Brooklyn? The taxi driver called the cops…and these two fine officers of the law showed up. It is quite clear you hate women, I feel sorry for you.

      3. SADIE SADIE says:

        @G, The woman did call a cab and the cab driver called police because she was intoxicated. Im sure everyone at some point has been to drunk to walk it doesnt mean shes not a lady it means she made a bad choice. If you ever get to drunk do you expect someone espicially an officer of the law to help or do expect them to take advantage of you? Being drunk doesnt mean people have the right to take advantage of the situation. I pray you never have a daughter who ends up in this situation you might be able to view it through different eyes. Or will you sit back and say well honey its “YOUR DRUNKEN FAULT”

    2. John Farnsworth says:

      Kendra you seem like a nice person but please learn proper grammar. It should be “I have been following this case since day one. I pray that they seriously get what’s coming their way.” And can you get what’s coming your way without it being serious? What’s “for taking an advantage”? And by the way when they do go to prison upstate they will be in protective custody, most likely Clinton C.F.

  23. Bob Fowler says:

    I wonder just how much Mata thinks of Moreno now? Either Mata is the dumbest man alive, or Moreno has something really big against him. I doubt that I would quietly go to prison for a co-worker.

    1. karlson says:

      Bob, they are both dumb. In fact, two of the stupidest excuses for human beings. I don’t know how they made the NYPD, but the bar must be set pretty low. If they were smart enough to pass the written exam, both are definitely lacking in moral fiber and common decency. So dumb that they would put their jobs on the line. But even before disgracing the department, they disgraced themselves.

      1. James says:

        Having practiced criminal law in New York for the past 5 years i’m not at all shocked that these cops did these crimes and that they lied on the stand. What i’m delighted to see is the prosecutor actually attempting to convict these two imbeciles. Too many crimes committed by the NYPD goes unpunished, the DA’s needs the NYPD to prove their cases so one hand washes the other. Lets hope this woman gets justice, no one should be taken advantage of by the people who are supposed to be protecting us. The defense stuck to a typical boiler plate defense, i.e., she asked for it, she was not incapacitated and last but not least, she is a gold digger. I think juries are smarter than that, you can fool the readers of the newspapers but NYC has some good juries, they weigh evidence very carefully, i think they will be found guilty.

      2. Spickyyyyy2222222 says:

        The bar is set low because the once great NYPD is forced to hire minorities…RIP blacks and purto rickyssuxxxxxxxxxxxxxxx

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