NYPD Officers Kenneth Moreno And Franklin Mata Found Not Guilty Of Rape Charges

NEW YORK (CBSNewYork/AP) — After seven weeks of testimony and seven days of deliberations, jurors on Thursday acquitted two New York City cops who were accused of raping a woman in December 2008.

Officers Kenneth Moreno and Franklin Mata were found not guilty of the most serious charges in the incident involving a then-27-year-old drunk fashion executive in her East Village apartment.

The two were also acquitted of other charges, including burglary and falsifying business records. Both, however, were convicted of official misconduct.

WCBS 880’s Irene Cornell: Moreno Is Just Glad It’s Over

The two look stunned, but remained stolid after hearing the verdict.

“I thought about my children,” Moreno said about hearing the not guilty verdict at a news conference outside the courthouse. “I didn’t even say goodbye to them this morning, this verdict came to us as a surprise. I thought about my wife and all the people that supported me throughout this.”

Moreno was accused of the sex act, and Mata was accused of helping Moreno by acting as a lookout.

“This has been a long two and a half years,” said Mata. “I’ve been innocent from day one. I’m glad everybody sees that now. I just want to go home and, like I said, get on with my life.”

1010 WINS’ Carol D’Auria reports: Moreno Says He Was ‘Greatly Relieved’ About Verdict

“In one second, your heart could be in the right place; another second, someone could misconstrue it and you could end up pretty close to where I was,” Officer Moreno said. “It’s too easy to point a finger at somebody and say, ‘hey, they did this.’”

The prosecution’s case rested largely on the witnesses’ testimony. There was no DNA linking the officers to the woman.

“It is a win,” Moreno said. “It’s a lesson and a win.”

NYPD Commissioner Ray Kelly, however, said the officers were not off the hook.

The officers were each convicted of three official misconduct charges, all misdemeanors, for going back to the woman’s apartment three times after the initial call without telling dispatchers or superiors where they were.

“The guilty verdict that was reached today involved the violation of the officers’ oath of office, and as a result warrant immediate termination from the Police Department,” Commissioner Kelly said.

“We respect the jury’s verdict, which acknowledges that the defendants’ actions that night not only violated the law, they violated the victim’s rights,” Manhattan District Attorney Cyrus Vance said in a statement.

WCBS 880’s Marla Diamond With Reaction From Police Commissioner Ray Kelly

During the trial, Moreno testified he went back to the woman’s apartment to check on her. But prosecutors said it wasn’t to check on her.

“Moreno wanted to have sex with her,” prosecutor Colleen Balbert told the jury during closing arguments.

Surveillance video showed they returned to her East Village apartment a total of four times.

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

Moreno said Thursday that the accuser made up the whole story.

“I made a judgment call. I believed in something that night and I paid for it,” he said. “I went there in all sincerity to help somebody. From the purest of my heart, my intentions were from the beginning just to help her.”

“He said he has regrets, but he didn’t do any crime, and he certainly did not have sex with the woman who said she was raped,” Moreno’s attorney, Joseph Tacopina, said.

Moreno testified during the trial that the accuser was flirtatious and tried to lure him onto her bed, while Mata said he dozed off on the couch in another room.

“I couldn’t believe that two officers who had been called to help me had, instead, raped me,” testified the woman, who is suing the city for $57 million over the incident.

Moreno and Mata still face up to a year in jail on each official misconduct charge. Sentencing is scheduled for next month.

(TM and Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

More from Carol D'Auria
Comments

One Comment

  1. michaelrobertson says:

    Should the accuser now be charged with filing a false report ? How did the Officers get her keys ? We complain about people not wanting to get involved . This could be a good reason why . Perhaps She cried rape because they were minorities !

    1. Truth says:

      She herself is a minority

  2. IgnoranteElephante says:

    You’re disgusting.

  3. mr says:

    Other police officers have been acquitted of killing. It is just a different felony. What do people expect. Which is worse rape or killing

    1. Gloria says:

      “blue code of silience” is what this is…

  4. Guilty says:

    I am extensively and extremely disappointed in the jury’s verdict. These two creeps are as guilty as sin.

    1. heytrudy says:

      And you know this …how?

      1. Cindy says:

        Can you explain why they never told their supervisor they were at the woman’s apartment? If they were doing a good deed and looking after her then what’s the shame in letting your boss know? Not once did either of them explained why they lied about their whereabouts and made false 911 calls. That cop may or may not have raped her but their behavior and lack of explanation justifies why they were put on trial. They both broke the law by faking a 911 call and it’s likely they were doing something they shouldn’t since they refuse to tell anyone where they were. I guess you’re friends with cops or is a cop.

  5. M. B. Cleary says:

    These jerky Cops had a very good lawyer.
    They will be hounded by the NY press for decades that
    is their punishment. They were bad cops if not proven rapists.

  6. Assman says:

    did you get your hit in the hiney by cops mike?

  7. Robie McMann says:

    I guess they really lied to return to her apartment
    to pray with her and do an ad hoc AA meeting
    By the way the world is ending on May 21 same BS.
    Rapists use a condom and make sure not to leave any pubic hair
    you won’t be believed . This is sad for cops.

  8. Norka says:

    They are guilty!!!!! no doubt…

  9. Michaelrobertson says:

    Hi, I may not have all the facts of what took place in that apartament, i am incline to believe that perhaps these “gentlemen” could/should answer to Departamental charges . They, ( it’s alleged) didn’t report to their Superiors that they were returning to the Woman’s apartament. Is that stealing time ? This case should teach people personal resonsibilitiy . The Woman was so drunk , She can’t say what really happened . Who should take responsibility for her drunkenness ? Right , She should ! lesson learned , Know when to say when , Drink responsible people !

    1. NoOneYouKnow says:

      Actually, if someone is that drunk, we all have some responsibility to see that no harm comes to them–that’s what living in a decent society is about. But cops have far more responsibility to take care of people who are helpless, no matter how they got that way.

  10. Mrs. I. Understand says:

    This should be a learning lesson for all women that venture and and heavily drink. It is not only unattractive but your rational thinking and common sense is distorted. It has got to be an absolute uncomfortable feeling to be unable to make the right decisions because you are under the influence of an abundance of alcohol. The last time I felt that way I was at home and awoke to ask my husband if his side of the room was spinning.
    Grow-up ladies the law will not be on your side when you are considered “INTOXICATED”

    1. Truth says:

      It’s sad that we live in this kind of society. I’m a male and whether you’re drunk or not, no one should ever be violated. This trial just confirmed it. It says that they were shocked when they heard the verdict. All guilty people are shocked.

      Hopefully the NYPD will come down hard on them although it doesn’t seem it will be so since they said it was only misdemeanors.

  11. Rose says:

    I guess the citizens of New York have forgotten when Twana Brawley lied about being raped. She ruined the mens lives and she never went to prison to pay for her crime.
    How soon people forget.

    1. MIKE says:

      ONE OUT OF A MILLION CASES IN NYC!!!

      ELEANOR BUMPERS, AMADOU DIALLO,SEAN BELL, SHOULD I GO ON???

  12. Ant928 says:

    Why am I thinking someone needs their medication right now? Let’s discuss some FACTS:

    – 12 people ACQUITTED them of rape…not a hung jury…not a mistrial…acquittal.
    – Those same 12 people were in the court room and heard testimony and saw evidence.
    – YOU were NOT one of those 12.

    Verdict? SHUT IT!!!!!!!!

    1. MIKE says:

      FIVE LATINO BOYS WERE CONVICTED OF RAPING A JOGGER..SHE NEVER SAW HER ATTACKERS!

  13. gmoneyballs says:

    KEEP SHOUTING MIKE!!!

  14. IgnoranteElephante says:

    Question to MIKE; How do you know all of this? A jury, unlike you heard all of the evidence, and all of them unanimously agreed a rape had not been proven to have occured. Are we to believe that you know more than those who heard all of the eivdence or that your opinion is weightier than theirs?

    1. MIKE says:

      NO, I HAVEN’T HEARD ALL OF THE EVIDENCE, BUT COMMON SENSE TELLS YOU THESE MEN ARE GUILTY. IF YOU WERE TO TAKE A DRUNK WOMAN HOME, CONFISCATE HER KEYS RETURN TO HER HOME AND HAVE SEX AGAINST HER WILL…WHAT IS IT??

      1. TCo8 says:

        Mike, Its even more difficult to believe that not one member of the jury who were there each and every day did not have the same common sense that you are blessed with. You may be on to something. How great would it be to do our jury duty from our homes or jobs and make our decisions based on what we read in the papers or see on TV

      2. IgnoranteElephante says:

        The thing you are not comprehending is that the jury didn’t believe she was raped. I am going to guess that they didn’t say “she was raped, but they’re cops, so I will acquit.” Their verdict indicates that they did not believe she was raped, and that is entirely reasonable given the evidence or, more aptly, the lack thereof. Remember, it takes a unanimous 12 jurors to acqut, not just one or two, a full 12.

      3. Truth says:

        It didn’t say that the jury didn’t think the rape occurred. They aquitted since no DNA was found. he could have been clean shaven, used a condom, or didn’t get to finish at all. Whatever line of work you’re in, you would know how to handle any situation. Who better than the police would know about DNA?

      4. Zero says:

        A great night because they got away with it! Crooked cops,polititions,judges,lawyers,etc. They all make us upstanding law-abiding citizens sick. I should have become a cop so I could get away with breaking the law. That is where the fun is.

    2. Fester Yolk says:

      Shades of OJ Simpson. Jury invalidation. God help our country.

      1. FESTER WILL SOON ERUPT... says:

        @ Fester, wow you with a doubt have some inner anger that will soon erupt into some horrific.
        This case has absolutely nothing in comparision to OJ simpson, this is a woman claiming to be raped by a police officer, NOT TWO PEOPLE THAT WERE VICIOUSLY MURDERED.
        THE JURY I’M SURE WERE OF PEOPLE WE PASS ON A DAY TO DAY BASIS.
        GET SOME HELP BEFORE YOUR HATRED FESTERS INTO SOMETHING ELSE.

    3. NoOneYouKnow says:

      You think juries always return a wise or brave verdict? Think they may have been scared to convict cops? Think they might have been prejudiced by something that happened that we don’t know about? Think that defense (and compromised prosecution) attorneys might know how to pick not-so-bright jury members? There are many tricks lawyers have to pick or turn a jury.

  15. IgnoranteElephante says:

    MIKE, how do you know this? A jury, unlike you heard all of the evidence, and all of them unanimously agreed a rape had not been proven to have occured. Are we to believe that you know more than those who heard all of the eivdence or that your opinion is weightier than theirs?

  16. Zero says:

    OMG! What if this was a black woman? Holy Hell would be raised…Al Sharpton…Jesse Jackson….they would all be looting and rioting… but as a white woman in NYC you just have to lie back (yes,pun intended) and take it. Justice was not served and this is a black mark in the history of the NYC Justice System. For shame!

    1. MIKE says:

      DOESN;T MATTER IF YOURE BLACK OR WHITE. THESE COMMITTED A CRIME. THEY RAPED A WOMAN. THESE ARE PEOPLE WHO SUPPOSE TO PROTECT AND SERVE.

      EVERYONE SHOULD BE UP IN ARMS YOU IDIOT!!

    2. James Ebron says:

      Please don’t make it about race. Make it about the facts!! Police get away with murder no matter your race!!

      1. MIKE says:

        ABSOLUTELY!!! NATIONWIDE!

    3. David says:

      You really are a “Zero”. You think black women have it easier than white women when it comes to being believed about things like rape? Are you insane?? Sharpton and Jackson are perhaps ALL a black woman might have. White women have everybody else. You are terrible human being.

  17. Ant928 says:

    Perhaps you might be taken more seriously if you learned punctuation, spelling, and, grammar?

  18. Tommy says:

    Just a a damn shame but sadly…you had to know they were going to get off. Really sad day for NYC and any future victims of police misconduct. These animals can now continue to soil the good name of the MANY great NYPD officers.

  19. Claude says:

    I’d hoped they’d be convicted because their conduct was egregious and their explanations laughable. Unfortunately the lack of physical evidence turned the tide. At least now there’ll be a departmental trial and they should be fired. It’s not enough, but at least there’ll be two less dirt bags on the police force.

  20. Bruce Goldensteinberg says:

    Hopefully Moreno and Mata can get back out walking the beat and keeping us safe. There are lots of thugs in NYC and we need Moreno and Mata out there protecting us from them.

    1. Claude says:

      Do you have daughters, sir?

      1. MIKE says:

        JUST IGNORE THAT IDIOT HE JUST WANT ATTENTION!

    2. Tommy says:

      I really hope your daughter never needs Moreno and Mata’s help.

    3. emi says:

      you come back to her apartment three times, and she was the 0ne coming on to the dude. why was he coming back three times? Hmm!

    4. emi says:

      keep you safe if your not a drunk woman!

  21. MIKE says:

    IN CASE OF RAPE DO NOT CALL THE NYPD!!!!!

    THEY WILL RAPE YOU AND THEY WILL GET WAY WITH IT IT HERE IN NYC…

    WHAT A SHAME…IM AT A LOSS..IM NUMB! IM DISAPPOINTED,

  22. Bruce Goldensteinberg says:

    AMEN!! Finally, these heroes in blue have been vindicated. If I were them, I would sue this “victim”. She is just like Crystal Gale Magnum from the Duke Lacrosse Scandal. She wrecked the lives of these cops. She should be investigated for perjury and sent up the river for trying to smear our NYPD.

    1. MIKE says:

      UNTIL YOUR LOVED ONE IS RAPED BY THE NYPD!

    2. Alan` says:

      You are an idiot bro. Seriously, grow up. Look at the facts. hopefully your daughter won’t need help home from a bar one night with these two cracker jacks out there. No class man!

    3. JoeBronx says:

      Great post, Bruce! SHE should be prosecuted, just like the Duke Lacrosse hose monster should have been.

  23. rob says:

    There’s no justice for all. The system have failed us. Maybe raping shouldn’t be classified as a crime in NYC. Mothers and daughters lock yourselves in your houses if you’re living in NYC, because being rape is not a crime here. Totally freaking insane.

  24. michael robertson says:

    Hi, The problem with following any case thru the media-news is We the public aren’t able to view/hear everything that pertains to this or any other case. We shouldn’t rush to judgement. The accused lives were/are the line ! Unless We have all the facts , we shouldn’t rush to judgement because of some prior negative experiences . We minorities (ironic ) should know all about persons rushing to judgement or common sterotying tactics that are used to “define” our people. Thank You

  25. MIKE says:

    FIVE LATINO BOYS WERE CONVICTED OF RAPING A JOGGER..SHE NEVER SAW HER ATTACKERS!

    THESE GUYS…..MAAAAAAAAN I DONT KNOW!!

    DARN SHAME!!!!!!!

  26. Rapists says:

    Your just dumb if you think they did not rape her. Her keys were taken. They made false 911 calls. They kept returning. Use your common sense. They were just hanging out in the apartment? They risked their jobs just to hang out? Guilty. Reign in these cops and send a message to the rest of them.

  27. Jeffery Jones says:

    The jury heard the evidence.and acquitted them. Is this an injustice? Do you think they would have been acquitted had DNA been found? Maybe the jury just could not find proof beyond a reasonable doubt. Not every police officer brought up on charges is guilty. It is not good to play judge, jury and executioner. Does anyone recall the Duke Lacrosse case? The alleged Victim in the Duke case is currently under arrest for murder. However, the public was ready to hang a bunch of kids without having any evidence against them. The judicial system is far from perfect.

    1. titt says:

      So one false accusation is supposed to be a reason for all rapists to go free? That is outrageous.

      1. IgnoranteElephante says:

        titt,

        Again, how did these men were acquitted byy a jury of their peers. That’s how the system works. The judge did not set them free, the prosecutor did not let them walk, and the police department did not either. Rapists should be punished to the fullest extent of the law when a jury convicts them of rape. These men have not been convicted, and, therefore, in the eyes of the law, they are not rapists.

    2. MIKE says:

      FIVE LATINO BOYS WERE CONVICTED OF RAPING A JOGGER..SHE NEVER SAW HER ATTACKERS!

      LETS NOT FORGET THE TURN OUT OF THAT CASE!!

      THOSE BOYS LOST THEIR LIVELYHOOD!

    3. jtorres says:

      The public had a hard time accepting the story of the woman in the Duke lacrosse case within the week. The prosecutor was the one on the warpath and the one out to convict these kids no matter whether they were guilty or not. That’s why he was censured and eventually disbarred.
      I was sure Moreno raped her but I wasn’t in the courtroom but remember: they weren’t found “innocent” they were found “not guilty” That only means there was reasonable doubt. Not that they didn’t actually do it.

  28. GoodCop says:

    …wait for the Federal Civil Rights convictions…I mean …trial.

  29. dougalcandy says:

    I too am of the opinion that justice has been served. Sorry, just because a woman cries rape doesn’t mean it always happened. Were they stupid? Yes? Offical misconduct? absolutely. But in this country, we do require hard proof to convict someont of a crime. No DNA, and the testimony of someone who was too drunk to even get herself home that night. Maybe next time she will think twice before getting so hammered that she can’t even fuction. Yes I am a woman, and I did not beleive this woman’s story from the beginning. These days it seems like everyone is out to mail bash–everything is always the fault of men, and women have elevated themselves to sainthood. Sorry, I don’t buy it. Good job jury!

    1. JoeBronx says:

      So far, DOUG, you have the best post of the day, including my own.

  30. Elnora Altman says:

    I tell you if you ever want to get away with a crime just become a NYPD.

    1. Liz says:

      SO TRUE

  31. Julio says:

    Has this turned into a third world county with ridiculous injustices? Or just another case where cops are allowed to be above the law? There was and continues to be no doubt in my mind about the guilt of these cops. This woman was drunk beyond reason and had no power to consent and cops, COPS took advantage of that. What pair of cops would spend a night at somebody’s house to take care of them, period, or even better – spend the night and look out for a person by sleeping on the couch while their partner has “consentual sex” with a person in the other room. This is disgusting.

    1. Elle says:

      I don’t know if you had seen, but someone else commented that maybe that cops had 1 friend or relative sitting on the jury and they fixed teh whole thing. My advice if your a women get the hell out of New York City. Just not safe here. also women and NYC residents should picket or riot or soemthing. This is a huge injustice. I though women were safe in this country.

  32. JohnnyRocket says:

    an absolute miscarriage of justice

  33. styles says:

    I am profoundly saddned for the young woman ; i cannot get past these two “R” taking her key; and I don’t see how the jurors move beyond that fact; they took her key because they wanted to engage her sexually;

    But this is a country where a cop can shoot a black man 50 times (Bell), 21 times (Diallo), Glover, Bumpers, etc., etc., and have all walked away not guilty!

    I offer, to the young lady the healing force from the great James Russell Lowell the Prsent Crisis: Truth forever on the scaffold, Wrong forever on the throne,
    Yet that scaffold sways the future, and, behind the dim unknown,
    Standeth God within the shadow, keeping watch above his own!

  34. JIM says:

    THE LAWWWWW HAS SPOKEN, SO SHUT UP.

  35. sickofit says:

    shame on them and shame on the jury. this just confirms he public perception, or perhaps i should say, realization, that cops are above the law! i am ashamed of our entire justice system, and feel so sorry for the victim.

  36. mike steede says:

    Cops just dont go to jail in New York All the chit the’ve done over the years, and they just get away with it

  37. Ant928 says:

    I admit their guilty of being idiots but glad justice was served for the rape.

    “Oh gee, I’m so hammered I can’t remember where I was but I know that HE raped me!! What? No DNA? Ummm…but….well….really it happened I swear. I said I was hammered but I wasn’t *that* hammered. Honest!! Poor me poor me!”

    Next time stick to soda lady…

    1. JohnnyRocket says:

      he admitted it on tape, that is all you need

  38. Liz says:

    Must say , am not at all surprised, the norm is that you carry and NYPD badge, you commit a crime and get way with it… KARMA

  39. Cynical Taxpayer says:

    Guity as sin. It will come out that one or two of the jurors held out – because they are related to a cop or a fireman. And the others just capituilated because of exhaustion. Disgraceful justice. Hope the judge throws out the verdict.

    1. IgnoranteElephante says:

      Right, and not only did these one or two hold out, but they also convinced the other ten or eleven to change their votes. because, as I am sure you are aware, it takes 12 to acquit as well as convict.

      1. NoOneYouKnow says:

        And a jury never returns a bad verdict, right? I’ve heard of juries that convicted innocent people because the jurors wanted to get home in time to watch the game.

    2. Ant928 says:

      Not to mention the fact during selection I am SURE the attorneys asked “Are any of you police or firemen or related to one or are friends with one” of the jurors…wait…now you’re going to tell me a juror lied…never mind…idiot.

  40. Joe Blo says:

    OMG…This makes it official, NYC cops are ARE worse than Mississippi cops in !962 when it comes to lawlessness. How one earth could a jury of sane people find them innocent? The jury should be investigated for tampering.

    1. IgnoranteElephante says:

      Since a jury of their peers found them not guilty, the verdict couldn’t possibly make the lawless of the NYPD official. Perhaps, you have a problem with the jury’s verdict or even disagree with it, but it in no way means the cops were above the law. It means the jury didn’t beleive they raped this women beyond a reasonable doubt.

  41. Anne Hill says:

    are the misconduct charges misdemeanors?

  42. James Santiago says:

    guilty of misconduct though…and that means they’re finished as cops….

  43. Surfin Bird says:

    Justice has been served!!!!!

  44. Titt says:

    Wow! I can’t believe this. Above the law is right. You have to protect yourself from police.

  45. JOE says:

    Hope they are not going to still be on the force, just what we need.

    1. Surfin Bird says:

      they need to be on the force. they have been framed

  46. L Katz says:

    New York’s finest judged by New York’s dumbest

    1. JoeBronx says:

      Shut the hell up, hook-nose! Go steal some ketchup bottles & silverware from Brooklyn diners like the rest of your tribe does.

  47. JoeBronx says:

    Thank goodness for a sane jury! This case was a repeat of the Duke lacrosse case: A couple of lying hose monsters falsely accusing men of rape for a pay day. This broad belongs behind bars, period. Granted, cops used horrible judgment, and should look for another line of work, but they were not rapists. Hats off to the jury.

    1. Sick of it says:

      I totally agree! I’m a woman and am so sick and tired of these ignorants that instead of going to college and getting and education to support themselves take the easy way out. She thinks this is a payday. I hope she gets ZILCH. By the way, is she a minority?

      1. JoeBronx says:

        Probably not, Sick, otherwise, that’s ALL the biased media would have cared about.

    2. JoeBronx says:

      The $57,000,000 “pay day” that she was suing the city/taxpayers for. You are an imbecile.

    3. NoOneYouKnow says:

      Joe, I’ve read your comments before, and if they were found guilty you’d still defend them. Really, what you’re saying is that anyone who files a lawsuit for monetary damages must be lying and only out for the money. That’s not just hateful, it’s irrational. The cops’ story is transparently bogus. Mata was caught admitting to the rape on tape. The judge allowed prejudicial evidence against the victim. Total BS designed to protect the NYPD.

  48. IgnoranteElephante says:

    Told you so.

  49. Paul G. says:

    above the law!!!!!!!!!

  50. kevin says:

    Guilty….. To all you non-believers.. Wait and listen

Comments are closed.

More From CBS New York

Komen Race For The Cure
CAMPAIGN 2016

Listen Live