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
  • Jerry

    Just goes to show you the lowlife woman and police out there?
    A total broken judicial system of justice ?


    • Rodin

      Your god won’t so you’d better start helping yourself.


  • Viagra User

    He went to the woman’s home 4 times. How was he able to get it up that many times?

    • Rodin

      Macho Moreno’s just got IT.

  • Rodin

    I have absolute certainty that a woman, no matter how drunk or impaired, KNOWS if she’s been F U C K E D when she sobers up.

  • Haha

    Wow …what a blow to all the cop haters , lol no surprise here for anyone who actually understands how the justice system works. Try reading more than just headlines next time and then maybe you won’t be soooo surprised.

    • Rodin

      Follow your own advice.

  • Democratic NY HAHAHAHA

    Another reason New York state is a national joke. Highest property, and income, taxes. Highest pension payments for lazy, uneducated, union workers.Most money spent on educating each child with the nations worst grades..Worst drivers,most corrupt politicians and cops…And protects illegals……..Keep voting Democrat!!


    I had a real junior high school type incident with Franklin Mata the other day on the train. People were getting on along with myself. By coincidence I was getting on at exactly the same time as another “G E N T L E M A N” and he was not even trying to slow down, but we’re just trying to get on the train before the door closes. I never had a chance to look at him. We never had full use of the doorway because Franklin was standing in the doorway and never budgeging. It was not crowded. I was so annoyed, I looked at him and called him an idiot; I could’nt help it. He was talking with a female and he asked her, “Did you see that? They’re now both agreeing how I got on the train at the same time as someone else. We only had 1/2 use of the door becuase he was blocking it. Eventually she gets off after commenting how I have no manners. Wow, how impressive to have the last word. For the rest of the ride he is staring at me. I was too disgusted to look at him a 2nd time. I don’t get paid to lecture and time is money. I don’t waste my breath on people unless I am getting paid. A person can’t take the train or go from point A to B without static, something is not right and I am not referring to the corporate excuse of personalities. We are supposed to be grown adults here taking a train. This is what the police force lost.

  • Tell it

    I’m just so happy they were fired ! Those rapist may not have been charged with it..But having their power taken from them will eat them up for the rest of their looser lives..Hope they bump into one of those hood boys they did wrong while in uniform…..

  • Ellen

    I think the jury got it right. The woman was drunk, and she herself let them in her apartment. Could have been a rape, or could have been consensual. Evidence completely lacking as to what really happen.

    • Rodin

      If the woman was drunk, it was Not consensual.

      You gotta be a male.

  • Dale Auburn

    Why were they on trial in the first place? Everybody knows that cops are Legally Designated Heroes and thus EXEMPT FROM ALL LAWS.

  • The Facts

    Based on the available evidence and the lack thereof, the jury”s verdict appears to be fair. The judge cannot set aside the verdict of not guilty of rape as a commentator suggested. This can only be done by a judge when the evidence does not support a conviction.

  • BPF

    IT is IMPT we push for a PROFESSIONAL JURY SYSTEM where people train for a min of 2 years to learn how to listen, study, learn and dissect critical evidence for each area of the law required for a particular case. Layman Jurors are too dumb, we have more dumb Americans in our country than smart ones, dumber than dumb, they are amateurs and also lack compassion and empathy for those victims who suffer and are truly courageous, they just don’t care….They do not have the skill set to analyze and use critical objective thinking…..It boils down to also the sleazy defense attorney’s spinning enough doubt and coaching and prepping the witnesses to LIE under oath…..This verdict SICKENS me, and i hope that Commissioner Kelly springs into action and FIRES THEM ASAP and weeds out sick dangerous cops who lie, fabricate and plant evidence and violate their oath of office and duty to uphold the law……..The victim should be rewarded for her courage and determination because she IS telling the TRUTH 100%

    PS. An excellent point made earlier by someone “if he was sooo concerned for her why did he not take her to the hospital or call an ambulance…?, instead he sings a bon jovi Song, cuddles with her in her bed, and incriminates himself on audio not to mention the other cover-ups with the phone call and log record false entries and visits 4 TIMES………..DISGUSTED!!

    • BPF


  • jimmy

    How is it that 12 of the 9/11 terrorists could live for 2 weeks just 2 miles from NSA head quarters in Maryland.

    This after several of them had taken flight simulator lessons on Jumbo jet trainers and several of them where on State department terror watch lists.
    There is evidence that employees from DoD, CIA and DOJ accepted bribes from Al Quida.

    If DoJ and DoD employees where more concerned with doing their jobs than enriching themselves by stealing from suspects and taking bribes, then there might have been more a chance that 9/11 had never happened.

    The FBI and DEA fabricate evidence, steal from suspects and use murder to close bad cases.

    They are tampering with my car in hope of causing a fatal accident. Stupid and corrupt is a deadly combination.

  • Milly

    Your probably on welfare ….loser

  • BPF

    THESE OFFICERS LIED BUT WERE ALSO COACHED TO LIE BY THEIR SLEAZY DEFENSE ATTORNEYS’ WHO SHOULD BE REPORTED TO THE DISCIPLINARY COMMITTEE AND DISBARRED…. AGAIN, A lack of intelligence by the part of the jurors with NO skill set in critical objective analytical thinking, you have to understand in jury selection the defense goes out of their way to pick dumb jurors. What deeply saddens me is that women on the jury do not support women…….How could the victim be less credible than the 2 officers with their INSANE FRABRICATIONS ON THE STAND, THE AUDIO TAPE he makes 2 MAJOR INCRIMINATING STATEMENTS \”I WORE A CONDOM and IT WAS ONLY ME\”……..THEN THE COVER-UP which points to his GUILT with the fake 911 call and the false entry record notes, not to mention the 4 visits to the apartment, not to mention the cuddling, the bon jovi song, the officer sleeping on the couch (which is not true as he was the look out guy) NOT TO MENTION THE RAPE THAT YES TOOK PLACE WITHOUT A DOUBT..I AM DISGUSTED, with the jurors, the defense attorney’s and the officers……I ADMIRE THE VICTIM FOR HER COURAGE OF CONVICTIONS, I HOPE SHE KNOWS THAT 99% OF NEW YORKERS FEMALE AND some MALE ARE ON HER SIDE and believe her over the NYPD…..SHE MUST BE DEVASTATED AND SO ARE WE………..!! FIGHT THE GOOD FIGHT I HOPE YOU WIN YOUR CIVIL LAWSUIT…DON’T GIVE UP, THE TRUTH SHALL PREVAIL….!!

  • Willamina

    She lied just like tawana brawley. Now two innocent men will lose there jobs. I hope they sue this jerk and the city

  • J

    So much of American Justice!

  • littlestar

    I think they are guilty too.

  • http://Facebook. David Bellido.

    Some time NYC police don’t have common sence they think there above the law.

    • Bob Fowler

      Sadly, this case proves that they are.



  • Lillie

    Whether it actually took place or not, at the end of the day this looks bad. It puts a blemish on the NYPD, it will now as it has in the past give the people false sense of hope when it comes to them. Just imagine if your daughter/mother was in this position and they needed the needed the assitance of the police, would you now feel comfortable with your family allowing them into the home?
    God forbid they were attractive. The actual case is “over” now but they will reap the negativity from all this, they have to answer to the dept. their friends and family…..Oh, did I hear today “I apologize to my wife”? Were they married in 08 when this took place?
    So it will be a difficult pill too swallow. Let’s now see if they will maintain their positions with the NYPD.

  • Bob Fowler

    Disgraceful!!! No I do not know what happened, because like almost everyone else in the world, we weren’t there, but DAMN!!! If she asked for it, or didn’t, Moreno KNEW that what he was doing was wrong. Verdicts like this just go to perpetuate the myth that NYPD is above the law.

    This is one small step below clergy molestation on the scale of abhorrent behavior. How many more rapists are going to use the Moreno defense, and be acquitted? At least Christians can take solace in the fact that God will even the score. He isn’t deterred by the Blue Wall.

  • French for the day.

    New Yorkers, we have to respect our judicial decision. Im for one thinks there guilty as hell. Why would you lie to your supervisor about your actions. Why would you go back four times to this woman house. I just don’t think this was a strong case against them. No doubt in my mind they lied at least once. That one lye should had been pressed on the case at least for a day. That would give this woman the benificial of doubt.

    It was just a week case. We have to believe in our judicial system. Wouldnt want another case like this going to a bias judge. It would not have taken this long for a decision.

  • W. Hayes

    Jury’s are absolutely intimidated and fearful of convicting cops. You are naive if you don’t think that the NYPD doesn’t know everything about the identities of the jurors.
    Ever see how many fellow cops show up for a show of force and solidarity, at these trials. Just like the mob used to do, and biker gangs do.
    Do you want to live in NYC, knowing 50,000 brothers of the police fraternal order know you put two of them into their worst nightmare, prison? I wouldn’t, it is a fact that jurors are fearful of being on these juries. Not a lot different than it used to be for a Mafia trial, they know who you are, they show “en masse” every day to watch the proceedings and stare at you, not a safe healthy feeling.
    The argument that thie evidence was weighed, properly and fairly by 12 average residents of the city, is nonsense. Cops are rarely, very rarely, convicted, and there is a very valid reason for this, it is called “FEAR”.
    Tell me that these two police officers could even tell their spouses that they needed to take some fashionistas keys and return 3 times? Like their own family would buy that one.
    The verdict was known a long time ago, this was not close to a fair even playing field.

  • nathan

    Kelly just fired them.

  • Junior

    HELLO….NO DNA!!!!!!!!!!! How the freak could they have done what they were accused of if there was NO DNA!!!!!!!!!! Wake the freak up people. Chick was drunk, period.

  • doc in NJ

    well, murder is legal in California, so why not rape in NYC?

  • Roy

    Hey they were just returnig to her apartment 3 times to check on her well being…..anyone who believes that crock of dudy is an idiot,and so we have the jury

  • amanda

    he has children? thats truly a tragedy. i hope his wife divorces “mr. i don’t kiss and tell” tomorrow.

  • GREG


  • Sue

    THANK GOD!!!!!!!! I hope they sue the city and this dirt dag woman.I hope they show her lying face and put her in jail

    • GT66

      There will be no repercussions for this woman because although filing false rape claims is illegal, the feminist system sees to it that breaking that law is never punished.

      • Rodin

        Sue is a man or perhaps I should say ‘male’, definitely NOT a MAN.

      • Rodin

        PS –

        I love ‘GOD’ name droppers. They’re the scourge of the Earth.

  • Un-JusticeForAll

    Come on already. We all know why they went back to her apartment over and over. They saw a drunk woman and took advantage of her. The judicial system is a joke and always has been. They should both go to prison where they can be rapped as well over and over again. They give cops a bad name.

  • JOE


  • Joseph Didonato

    Unbelievable only in NYC!!! can two cops get off on charges like this.
    They went back to check on her, what a crock!!!

  • informed

    His body language and eye movement in the video says he has something to hide. He does not look happy that he was not guilty of rape. He always looks down and to the left not at the camera for too long, The eyes never lie

  • Tony

    If she cant stay awake when she says she saw a cop having sex with her, and then passed out again because she was soooooooo drunk, then how does she know it was a cop? Did the cop have his cop hat on and his gun belt and clothes on while she was laying on the bed hammered in a limp position, She didnt play the lie foward in her mind far enough to make sound plausible to an intelligent person. No DNA anywhere on her body. No body hair or fibers from the cops clothes on the bed or her body, no skin, no nothing

    • Jim Thorpe

      @ Tony HE said he had all his gear on. HE said. And he said he just laid next her, you know, like any normal stranger does. Then HE admitted to wearing a condom. Then they admitted to returning.

      Cops take care of their own. Are you naive enough to believe they would actually find evidence?

      Law does not equal justice. This article is grossly under-reporting this story.

  • NYSmike

    Let’s see how Moreno’s wife sticks with this slimeball now.

  • Guilty

    The jurors are so stupid. Having sex with a woman when she is passed out is rape. Moreno raped this woman and Mata is a piece of garbage too.

    Women this is a very sad day for us. There is no where to turn for justice. Soo sad.
    Both rapists should be in jail.

  • Tony

    She woke up and saw a cop having sex with her and then passed out again. PLEEEEEEEEEEEEEEEEASE.

  • Vik

    H O L D Y O U R L I Q U O R, folks!!!!! ‘Nuf said. And where were her so-called friends that night? If she was such a mess why the hell didn’t one of them escort her home? Sorry. No DNA. No case. And no, I’m not a police lover but the facts are what they are. Yell all you want. No rape was proven. No evidence. Except — yes — a drunken woman’s testimony where she at one point said, she MAY have been raped. Well what if she already had sex with somebody else the night before? Throw all the stones you want. Jury got it right. Took them almost a week. This wasn’t a rush decision.

  • Gulity

    I am soo sick by this. The jurors are such idiots. Mata “fell asleep” on the couch. Moreno went to “help her” out of the kindness of their heart. Both of these officers are despicable rapists and liars. Both losers make me sick. I hope they burn in Hell, Sooooooooooooooo disgustiung.
    The jurors failed us.

  • Charles

    These two are guilty as hell, I can’t believe they got off. That poor women

  • Tony

    For all those who are passing judgement of guilty, even though the jury found them not guilty, should have theri heads examined. What happened to due process in your minds. Think about it, what person on that jury wouldn’t have liked to see the downfall of a cop. They all probably had their own stories of how the police have treated them unfairly over a a speeding ticket or something else. The jury heard the evidnence and found them not guilty. Pray you dont have to stand before a judge and jury one day and be found not guilty and know you are not guilty, yet everyone around you says you are guilty as sin. Thank God we have a judical system, although not flawless, that allows you to hear all the evidnece against you. Those not happy with the sytem should move to Iran whre the odds are stacked in your favor. NOT

  • Kathy

    Ladies, we need to watch how much booze we drink…..because once its determined we are drunk, all bets are off! It is always decided by a jury of our “peers” that we are lying, don’t remember, etc.

    I drink way too much at times….but I have had to learn the hard way (falling off a train, drunk dialing ex’s, the list goes on and on) that its not a safe world at all and no one cares for anyone anymore.

    I wish this victim some sort of peace if at all possible.

    • Tipper

      You sound like a real winner. I wonder how drunk the guy has to be to sleep with you

      • Kathy

        And I am sure that anyone would have to put a brown bag over your head in order to sleep with you….drunk or sober.

    • Mrs. I. Understand

      @Kathy, wow you really made me hysterically LAUGH. After raising three men I frequently enjoy a glass of wine with a shot of Absolut but 9/10 I’m in the comfort of my own home.
      Please kathy stay home if you want to enjoy the spirits, IT’S SAFER THAT WAY.

  • east end eddie

    The jury spoke. The only thing these two officers are guilty of is being stupid.

    • Jay

      Ah so you’re ok with having “stupid” cops to serve and protect, to help you in your time of need? The fact of the matter is that even if these cops did not rape this woman they were called in to HELP her. One cop was so tired that he fell asleep on her couch (how helpful was he?), he should’ve taken his ass home and went to bed. Instead he returned with his partner 3 more times to her apt to help her what, by showing her how to sleep??. One was “singing Bon Jovi to her” and cuddling her, what the hell was the other one doing the other 3 times?? Any of you who feel it was right these cops were found not guilty, I hope it’s some “just stupid” cops who respond to your call in your time of need.

  • Cops are criminals

    May the members of this jury and their family never go through what this poor victim did. But allowing this slime bag to rape someone without penalty only invites more rape. May that never happen to them.

    • JoeBronx

      Some “victim.” Like Tawanda Brawley and the Duke Lacrosse accuser I suppose?

  • veritas

    God bless Tiki Barber

  • King Tutti

    They were so concerned, but didn’t take her to the hospital or call for help… Who are these guys kidding? They had an opportunity to take advantage of a woman and they did so.

    • Nick

      It doesn’t help when the “victim” is a drunken ho that puked all over cabs and sidewalks and people needed to call the cops.

      • KPMc

        Sooo…. what you’re saying is she WAS incapacitated and unable to give consent. Very intelligent of you to determine that from the facts. Too bad a jury didn’t see it that way.

      • Rodin

        Or a “ho”?

      • lam

        So it is ok to rape someone who is drunk? Way to go Nickie boy. Hope you never serve public in any capacity.

  • Nancy

    Sounds like you had stupid parents raising you. Hopefully they are dead.

  • David Ruffin

    The bottom line is this – no one will every know for sure what happened, least of all the alleged “victim”. And that is because she was horribly drunk and doesn’t really know what happened. If sex occurred – she may have wanted it, she may have said she wanted it, she may have been talking in tongues – who knows? If you’ve ever seen anyone that drunk – up is down, black is white, backward is forward. The jury was given a 100 percent impossible task – to say the cops were guilty beyond a reasonable doubt. The alcohol factor made it impossible for come back with a guilty verdict. Just like William Kennedy Smith, Duke Lacrosse or Kobe Bryant – if it’s alcohol, drugs, or is the accuser is simply crazy……the men will never be convicted. Case closed.

    • KPMc

      Actually those are either famous or connected people. If it were you or I they’d be sizing us for a vertical pinstripe suit right about now. The evidence would have been plenty to convict someone that is not either connected, a cop or with scores of money available for a defense team..

    • Dave

      Why would you lump the Duke Lacrosse hoax in with the others? The accuser was not only lying the entire time, but there were plenty of witnesses, prosecutorial misconduct after evidence proved no one did a thing to the liar, complete innocence declared from the AG after the original one was thrown off the case, and to boot, the accuser is now in jail or a mental institution for the rest of her life for killing her boyfriend. Do your research next time.

      • David Ruffin

        Read it again Dave. The Duke Lacrosse hoax was “lumped” in there because the accuser was completely crazy, medicated, and possibly drunk. The demented DA brought the charges anyway, even when he and his staff could have or should have recogized that the “accuser” was a head case at best, low life liar at worst. You are correct that there was sex in the Kennedy Smith and Bryant cases, but none in the Duke case.

    • NoOneYouKnow

      Nonsense; if there’s evidence of violence, then guilty verdict can be brought for rape even if the victim is unconscious (and there was evidence of harm to this victim’s cervix). And it doesn’t matter if “she wanted it” (the standard rapists’ claim); she was so drunk no normal stranger would have had sex with her.
      And like millions of other people, I’ve been that drunk, and I’ve remembered plenty that went on. The cops are guilty beyond a reasonable doubt–the only reason they’re not in jail is that they’re cops! The prosecutors, who work closely with cops, somehow couldn’t get a conviction despite a taped confession! The NYPD somehow couldn’t find any of Mata’s DNA, although he admits “cuddling” her while in uniform. The judge admitted testimony about the victim’s sexual history, although rape shield laws are supposed to prevent this sort of abuse. Ultimately, this was a rank injustice, and your opinions don’t do anything to disprove it.
      Finally, I wouldn’t be too quick to use William Kennedy Smith as a model of a wrongfully accused man; look at his history since his acquittal.

    • Concerned

      Drunk to the point of passing out etc. equals diminished consent equals rape. A person who is this drunk cannot consent and therefore it is rape. Who has sex with someone who is that drunk? The police are there to protect us not to take advantage when we have made a mistake and need help or protection.

  • sk

    why can’t people accept that she wasn’t raped? i have been following the story and not once did there seem to be evidence that she was raped. some of these commentators have something against cops! some people just wanted them convicted regardless of whether the cops raped the woman or not. this has nothing to do with justice, they just want to point out that cops are bad!

    • Bob Fowler

      Having sex with a person too drunk to defend themselves IS rape. Do you really think that they went back 3 more times, lying to the shift Sergeant, to check on her well being, or to further counsel her?

      They not only violated this woman, and the trust that the city put in them, but they also created a further chasm between the NYPD and the people that they swore to protect and serve.

      • sk

        we don’t know she was violated. you can’t go by a testimony of some oen who was so drunk that she passsed out. maybe cops made bad judgement by going back three times to check on her but that still does not mean they raped her!

    • loucheish

      Maybe because nothing about their story sounds even remotely plausible? While her version of events are all too believable?

      Not all cops are bad. But these two sure are.

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