Deliberations Under Way In Rape Trial Of NYPD Officers Kenneth Moreno, Franklin Mata

Jurors Ask For Transcript Of Conversation Between Moreno, Accuser

NEW YORK (CBSNewYork) — Jurors are deliberating in the rape trial of two New York City police officers accused of preying on a woman they were summoned to help in December 2008.

The jury of seven men and five women listened intently Wednesday as the judge explained the counts from the top, rape in the first degree to the fifteenth, criminal facilitation.

1010 WINS’ Juliet Papa reports: Jury Listens To List Of Charges

Now, jurors are mulling over seven weeks of testimony and evidence to determine the fate of officers Kenneth Moreno and Franklin Mata.

At around 3 p.m., jurors asked to hear a large part of the judge’s instructions on the law, 1010 WINS’ Juliet Papa reported. Shortly before 4 p.m., they asked for a transcript of the call the woman made to officer Moreno and for the transcript of the conversation with him that she recorded.

The two are charged in the rape of a then, 27-year-old drunk fashion executive in December, 2008. Moreno is accused of the sex act and Mata is accused of helping Moreno by standing by in her apartment monitoring a police radio while they were on duty.

The accuser testified she remembers throwing up and passing out that night and she was awakened to a cop having sex with her on her bed and then passed out again.

Moreno and Mata took the stand in their own defense during the trial, saying they helped the drunken fashion executive home.

Moreno said she came onto him and they cuddled in her bedroom, but says there was no sexual activity.

“Implausible, incredible,” were the words prosecutor Colleen Balbert used to describeMoreno’s story that he had befriended the young woman.

Moreno said she depended on him to take her keys and returned to her apartment again and again to check on her.

“This wasn’t to check on her,” Balbert told the jury. “Moreno wanted to have sex with her.”

She told jurors during closing arguments on Tuesday that the only honest thing Moreno told them was his name.

As deliberations continue, jurors will also be interpreting some buggy bits of evidence.

WCBS 880’s Irene Cornell reports: Consider The Tale Of The Cockroach 

Moreno claimed that the accuser actually came onto him after stripping down to nothing but her pink bra.

According to Moreno, while she was trying to vomit in the bathroom, he stomped on and killed a roach, startling her and caused her to spill water on herself. That, Moreno says, is why she took off all her own clothes.

Balbert seized on the roach as her “Ah-ha” moment.

“This roach is speaking from the dead,” she declared, zooming in on a crime scene photo of the dead roach.

“Does this roach look like a roach that was stepped on and squished?” she asked the jurors. The prosecutor concluded that was just another of Moreno’s lies.

Balbert called this a crime of opportunity and said if it hadn’t been a struggling and pretty 27-year-old girl he helped out of a cab that night, we wouldn’t be here.

Moreno and Mata face up to 25 years in prison if they’re convicted.

What do you think the jury will decide? Sound off below in our comments section:

More from Irene Cornell
Comments

One Comment

  1. BKLYN 76 says:

    The ignorant and mysogynistic comments on here make me so sad for humanity in general. Are people really so stupid, callous, moral-less?? This girl was raped. The evidence is overwhelming. Of course there was no semen, the POS admitted to wearing a condom! He been proven to be a liar over and over. WHAT kind of a cop acts like this, and does such odd things while ‘on the job’?? It doesn’t make sense unless he had an agenda. He saw an opportunity to act like an animal, thinking he wouldn’t get caught, and he did. Imagining their karma in prison makes me very happy. I hope the girl can move on and find happiness.

  2. Do you all know why 9/11 happened?

    1. Frank D says:

      Of course not. We are not as bright as you.

  3. Allly says:

    Everyone is missing the point. This was not a rape in the sense she was beaten and forcibly raped. The evidence between a rape committed by way of drugs or one by violence is very different. The evidence would be little to none in this case. Her prior sexual history is not relevant nor is it allowed to be used as evidenced. They acted inappropriately and because they put themselves in that kind of situation they may end up forfeiting their freedom.

    One more thing, if this was your sister or friend ALL of you would be singing a different tune.

    1. DIVA says:

      ALLY UPON THE COURT OF LAW, YOU ARE INNOCENT UNTIL PROVEN GUILTY. THE RAPE WAS NOT PROVEN. CAN YOU SEE THAT THE MOTIVE WAS MONEY? ALSO NO FIBER, DNA OR HAIR WAS FOUND FROM THEM. THAT IN ITSELF IS REASONABLE DOUBT NOT TO CONVICT THEM. THERE WAS BAD JUDGEMENT FROM THERE CALL AND I AGREE WITH YOU. WE ALL NEED TO SET ASIDE ANY FEELING AND OR EMOTIONS BECAUSE IT’S BASED ON FACTS TO BE PROVEN.

  4. Mmc says:

    No theyre Italian.

  5. JoeBronx says:

    She’s a lying pig, pure and simple. Think “Duke Lacrosse!” Cops used horrible judgment, and the broad had more semen stains on her sheets than anyone could count. If the Duke lacrosse liar had been prosecuted, cases like this wouldn’t happen. Not guilty.

    1. JoeBronx says:

      And…….the DNA testing did not help the prosecution’s case, it DESTROYED it! Again, the cops judgement was bad, but you can’t convict someone of ANYTHING without physical evidence, or testimony from a credible eyewitness, which she was NOT.

    2. JoeBronx says:

      IMHO, of course.

    3. DIVA says:

      JOE BRONX I PRAY THE JURY DOES THE RIGHT THING BY FINDING THEM NOT GUILTY. THEY USED BAD JUDGEMENT NO DOUBT ABOUT THAT. HOWEVER, THERE IS NO EVIDENCE OF RAPE!!!!!!MONEY IS THE MOTIVE!!!!

      1. JoeBronx says:

        Exactly, DIVA, bad judgment does NOT equal rape! $$$ is the motive, and I hope the jury is smart enough to figure this out.

  6. Joey from Bensonhurst says:

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

  7. They didn’t pay me for the damages I don’t care about that. I just wanted the world to know the truth.Not to let them get away with these things.

  8. BubbaLovesMoreno says:

    I hear the prisoners at rikers already have a new nickname for moreno ” sweet lips “

  9. I did have a very bad experience. It was worst than what anyone could imagine! And yes It did happen to me in Homestead Florida in the year 2000 the year before 9/11! If any can put 2 and 2 together they would be able to make sense of it all!

  10. It’s nothing to be laughed at! Things don’t become funny anymore when others take matters into their own hands!

  11. jeanluc says:

    Casandra – it sounds like you had a very bad experience which maybe you still need to talk to someone about. Having said that, I don’t know what 9/11 has to do with this situation ( or yours ). The majority of cops are good people doing a great thing. There are the few ( like these 2 dopes ) that let their personal thoughts get in the way of doing the right thing and that is sad.

  12. After what Miami Florida Police did to me in Homestead Florida I wouldn’t doubt anything! Police get away with everything! A tragedy like 9/11 could have been prevented if there wasn’t any corruption in the Police Department’s. Proper supervision is needed and if the Police commit crimes they should be punished the same way! I went through a similar situation and it was horrible! You all have no idea what they did to me!

  13. They Should be convicted and hung! After what Miami Florida police did to me in Homestead Florida in the year 2000 I wouldn’t doubt anything!

  14. Suzan says:

    Good luck boys.I hope you sue the pants off this money hungry woman once your found not guilty

    1. BKLN76 says:

      Even if they ONLY did what they admitted to they are skeevy, unprofessional, dishonest and inappropriate– a complete embarrassment to the badge and to NYC. THAT’S THE STUFF THEY ADMITTED TO. Use your brain to form your own opinion rather than blowing the badge blindly. Are people really this insane??

  15. Ralph C says:

    Another hoe crying rape!

    There should be an organization representing men falsly accused!

  16. sk says:

    there si still no evidence taht this woman was raped! some commentatotors sound like they whitnessed the whole scene when no on has any idea what really happened. so far peopel are just taking out all their anger out on cops!

  17. Frank D says:

    She’ll still have 57 million reasons if they walk. The standard of proof is MUCH lower in acivil suit. Ask OJ

  18. kornhole says:

    She had sperm from 3 different males on her sheets. She’s a pig. All the cops had to do was ask and I bet she would have said yes.

    1. Frank D says:

      That’s meaningless. More importantly- she said she did not have sex for 3 month before this happened.

      Either she’s a filthy pig using the same dirty sheets for months on end? Orsimply a liar. That’s where the stain on the sheets plays out. Or perhaps she was too drunk to remember them toor.

      She has obvious memory lapses. So there’s doubt there. EVEN MORE IMPORTANTLY it’s how the witnesses were viewed by the jury. Like them? Distrust them? We will never know.

  19. Peter says:

    I love the fake 911 call the best ever !!!!

  20. Tommy says:

    There is no doubt they are guilty…and sadly…there is no doubt that they will get off.

    1. DIVA says:

      THERE US NO DOUBT THEY ARE NOT GUILTY BECAUSE THERE IS NO EVIDENCE OF RAPE. NO EVIDENCE NO RAPE!!!!!!THAT IS THE LAW

  21. cartucho valdez says:

    does the color of the skin always have to be an issue. the lady was raped, it doesn’t matter what her race is. but then again, much more attention would have been paid if she were white. all in all these two lowlifes should spend time in jail. but keep in mind, alot of consideration will be paid to them because they are cops. that’s the way it works. I turly hope this young lady gets justice. Hang those cops by their b__l.s

  22. John says:

    These men are guilty as sin. May they rot in prison and get raped repeatedly. Everything they say is a lie. Please let justice prevail.

    1. W says:

      Your a dumb a$$

      1. Me says:

        Hey John i agree with you 100 %. And yes, hopefully justice will prevail

  23. MIKE says:

    According to Moreno, while she was trying to vomit in the bathroom, he stomped on and killed a roach, startling her and caused her to spill water on herself. That, Moreno says, is why she took off all her own clothes.

    THIS IS INSANE….GUILTY…GUILTY…GUILTY!!!!!!!!!!!!!!!!!!!

  24. Roy says:

    No matter how you cut it………..it was official misconduct at the least,and more likely a rape. either way they should loose their jobs,and if convicted of the more serious charges,sent to prison

  25. David Ruffin says:

    They have to be convicted beyond a reasonable doubt. The accuser was alternately drunk and acting sober. Coherent and then incoherent. The accuser may very well have been raped. Or…..maybe she wasn’t…..maybe she gave off mixed signals. The cops can’t be convicted for sleaziness. This situation is too murky for conviction. I predict that the cops will get off……..just like William Kennedy Smith got off because his accuser’s story was confusing and left room for “reasonable doubt”.

    1. Rodin says:

      Not at all. They’ve convicted themselves. Maybe Mata should be convicted of ‘accessory’. Moreno, UP THE RIVER, GUILTY AS CHARGED!

  26. JohnnyRocket says:

    i dont know what the jury is waiting for , these guys are so guilty its scary

  27. Double Trouble says:

    I hope the convictions will at least give the young lady some peace going forward in her life and she can out this behind her and understand that all men are not like these to opportunistic creeps. May she be blessed and may those two have a horrific time in prison.

  28. 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

  29. sadie sadie says:

    Im hoping that the jury will convict them of the crimes they commited. These two men thought that because they were police officers and the woman was intoxicated that they could take advantage of the situation and get away with it. I commend this woman for going forward and being strong enough to persue charges. It sends a message that the police officers are not above the law and should be made an example of.

  30. nyc says:

    Two ugly looking cops taking advantage of a good looking drunk ,white girl. These cops are sooo guilty and whomever sent two men on a call to the police over a drunk girl and not sending a women cop should also be charged !

    1. skalley99 says:

      You are completely right. Because she is white is the reason for the trial. Imagine if you may, she is a woman of color.

      1. Not Guilty says:

        skalley so true if she was not white there would be no trial or all those claimingthe cops are guilty over what the news is printing would say she asked for it or it was not rape. What if she was over weight and ugly would you guys still be posting Guilty as charge????????????????

      2. Frank D says:

        You’re right. Look what they did to Tawana Brawley when she got raped by the Governor and President. You can’t trust the white devil- whether real or imaginary.

        You make a good point where there’s nothing to support your basis. I’m sure theat has never stopped you before. So go girl go. DON’T GET CONFUSED WITH FACTS, YOU’RE MIND IS ALREADY MADE UP. Lol

      3. ASSUMPTION says:

        WHY DO PEOPLE SPECULATE SHE IS WHITE???????THE WOMAN IS NOT WHITE!!!!!!SHE IS HALF HISPANIC AND ASIAN.

    2. Truth says:

      She’s not white. She’s Asian.

      1. nyc says:

        I didn’t know she was Asian. Her picture should be shown. Thanks

      2. Not Guilty says:

        How would you know Truth it has never been printed? I say she still has 57 million reasons to bring this to trial and in the news 57 tax dollar millions hmm how much did she promise her friends????????? There story changed so did the cab driver hmmmmmmmmmmmmmmmmm no one saying anything about that now are they

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