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