Attorneys For Ex-NYPD Officers Moreno, Mata Want Misconduct Conviction Thrown Out

Move Comes As Sentencing Is Rescheduled For August

NEW YORK (CBSNewYork/AP) — Sentencing has been delayed for two former New York City police officers who were convicted of misconduct but acquitted of rape.

Ex-officers Kenneth Moreno and Franklin Mata were to be sentenced Tuesday, however a judge postponed their court date until Aug. 8 so defense lawyers can review unaired footage about the case from a documentary about sex-crimes prosecutors.

“You have the prosecutors basically discussing this case while being filmed by HBO,” defense attorney Ed Mandery said.

WCBS 880’s Peter Haskell With One Of The Defense Attorneys

The case stems from the then-officers’ December 2008 encounter with a then-27-year-old drunken fashion executive they were called to help get home. Moreno and Mata were found not guilty of the most serious charges in the incident.

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

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

Lawyers for Moreno and Mata also filed papers asking for the misconduct conviction to be thrown out entirely for technical reasons.

The accuser appeared at the courthouse Tuesday ready to speak at the sentencing. Defense attorneys objected to her plan to speak since the officers were acquitted of felony rape however, the judge did not rule it out.

“She’s not doing well, this is extremely traumatic for her,” Susan Xenarios, of the St. Luke’s – Roosevelt Crime Victims Treatment Center, said.

1010 WINS’ Juliet Papa reports: Sentencing Delayed For Moreno, Mata

The woman, in a note sent out by her lawyer, expressed her anguish when the jury handed in its decision.

“Hearing that verdict brought me to my knees; it brought me back to my bedroom on that awful night when my world was turned upside down,” she said.

“One’s word is not enough,” she said. “Even if people believe you, you are tested beyond what any crime victim should have to endure.”

She said she found comfort in the dismissal of the two cops, who were found guilty of official misconduct.

“I take great comfort and express my thanks in the swift action from Mayor Bloomberg and Police Commissioner Kelly, to fire misters Moreno and Mata from service immediately following the verdict,” she said.

She also she’ll take solace from the court of public opinion, saying “how amazing are the people of New York City, and all over the country, to speak up in my honor.”

The woman also expressed gratitude for the support of her family and friends, calling them her “silver lining.”

What do you think the appropriate punishment should be for the misconduct in this case? Please offer your thoughts in the comments section below.

(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 Peter Haskell
  • One who chooses her boyfriends with care

    They raped her. Our legal system does not take into account plain common sense.
    To all mysoginists: A drunk woman cannot give consent, even if she is “being sexual”. Drunks do not understand what they are doing, women or men. If you have sex with a drunk woman — you are taking advatage of her, bottom line.
    I hope you can stop being mysoginists and find beauty and love in women whom you cannot figure out and are afraid of right now. Peace.

  • DIVERSITY = DEATH (western voices world news )

  • J

    Joe Tacopina is DAH Best!

  • Rodin

    Upon recovery, a woman knows when she’s been f u c k e d even if drunk and passed out at the time and no woman would expose herself to this kind of harrowing experience, ESPECIALLY the one here. Ask me how I KNOW.

    Or don’t. This idiotic ‘debate’ isn’t worth my time or energy. Disconnecting.


    • IgnoranteElephante

      You’re a real class act Rodin. “f u c k e d,”? That’s how you refer to a women whom you believed was raped? You’re a piece of garbage who hides behind the computer and makes tough guy points. I would love to meet you in person. Your stupidity shines bright in that your little paragraph summation of how you believe the alleged rape happened does not even resemble any of the weeks of evidence that the prosecution presented. Once again, you use your made up facts and bizarre personally to push your sense of justice on everyone while ignoring any evidence.

  • Mark

    The jury failed this case. I have no idea how any of those jurors live with themselves. They must either be sexist, a relative of a cop or bought. It is a shame how they let that poor girl down. Moreno admitted it “Yes. I used a condom.” GUILTY AS SIN. And Mata is just as guilty. They ruined and marred the police force for life!!! They are disgraceful and belong behind bars getting raped repeatedly.

  • Anonymous

    As one of the jurors…I agree!

  • Donna

    I agree! This bimbo had morning after regret and saw a way of “saving face”. I bet she thought she would make off with a BIG money settlement too! The cops in LA or where ever in California she is now better watch out ~ they could be her next mark!!

  • iggy

    the cops raped her, the rat bast*rd admitted doing so. no matter how they spun it he admitted it. i pray they get the maximum for the misconduct and false 911 call. let them get raped in jail and see how they like it.

    • Anonymous

      As a juror on the case, I will ask anyone who’s making judgements based on the biased media to actually read through the transcript of the case. There’s a reason why the trial took 7 weeks. Isn’t it funny how the media keeps saying the same thing over and over again…How about you all petition the media to report the whole truth. Does anyone feel the media has reported 7 weeks worth of material.

      • It'sClear

        “There’s a reason why the trial took 7 weeks.”

        Yeah, their lawyers dragged the case out so idiots like yourself and the rest of the jury would get confused by all the BS flying past their face. Way to go idiot.

      • JL

        Dumb cops had a dumb jury…way to go!

      • Bill

        If you were indeed a juror on this case, you are a complete a s s h o l e for letting a rapist go free. It is blantantly obvious this woman was raped and the jurors who voted Not Guilty will have to go through the rest of their lives knowing they let a rapist go free and victimized a rape victim a second time.

  • gails mama

    Please do not listen to her comments she is off her meds today .

  • John

    These two animals should be sent to jail for life. They are despicable examples of men and they both make me sick. They are rotten to the core and deserve to go to prison and get raped every day. Official Misconduct of course should be kept in place. Are you kidding me? They both deserve the death sentence.

  • IgnoranteElephante

    Another ingenious comment by Rodin. If every juror was convinced of the cop’s guilt, then every juror should have voted to convict. That, by their own words, according to you, they were convinced of the cops guilt without any evidence to support it is troubling. I am only glad that they were smart enough to base their decision on the evidence and not their emotions.

    • Anonymous

      The two jurors who have spoken out agreed to the media (but it wasn’t printed) that they “believe” they are guilty because of personal feelings and emotions. There’s no room for that in the court of law.

  • mikey b

    These two are the poster boys for STUPID.Wow there families must be proud way to go guys.

  • chatty cathy

    RAPIST they are and will have to live with the truth.The wife is brain dead staying with this fool after he admitted going in bed with her. Losers and always will be losers AND think there kids will grow up knowing daddy is a low life.

  • Rodin


    And why is this sexist, misogynistic (GOOGLE IT if you don’t know what tit means) SLUR being ‘featured.’

  • Tim bondler

    you must be the wife/girlfriend of one of the pervert cops. SAD, how do you still look at him? these cops are the dirtiest of the dirty

    • Anonymous

      Tim…the media is not a credible source…unless you’ve sat through 7 weeks of testimony please keep your comments to yourself. The jurors who have spoken out also agreed “as feminists” they believed the accuser. Ask yourself if the media has done a great job presenting 7 weeks to the readers. Everything I’ve read thus far is a repeat of about 3% of the case.

    • gail

      No im worth millions and would never date a cop,but this woman lied and should be put in jail and you sound like a gay

  • Vince

    So true!!! and she is gonna get millions

    • Rodin

      And deservedly so!

      Every juror that has spoken out has stated that they were convinced of their guilt but the evidence didn’t support the case.

      • Anonymous

        I was a juror and I have not…contrary to your statement several juror didn’t believe anything sexual occurred. You are referring to two jurors who have spoken out. Keep in mind there are 10 others.

        • Obvoiousone

          Then you are an idiot

  • mikey johnson

    shut up cop defender….their lying pigs and they should burn in hell…..

  • mikey johnson

    The pigs got away big surprise,anyone here defending the cops is a cop themselves……. cops always abuse their power and always will… these pigs dont look too legit either….

  • Protect and Serve

    To Protect and Serve……..To protect their NYPD pension and serve their sexual needs.

  • Barry Levine

    This drunk was not raped, she had consensual sex with the guy and then claimed the usual, “I was raped”. What I would like to know is how can a guy bang a slobbering smelly vomiting drunk without throwing up himself. I have had some encounters with women who have had enough to not allow them to drive but at least they did not vomit all over the place.

    The cop should be back on the force and then all of the guys can see what kind of nut job he is and that would be a worse punishment than going to jail or being fired!!! This is something he will never live down……banging a slobbering drunk!!!!

    • Rodin

      “This drunk” refutes “consensual sex”. Someone drunk CONSENT consent.

      As for the rest of your statement, he’ll never “live it down” down anyway. He’s a marked man. PUS THE TRIFECTA: FIRED, JAILED A N D SUED.


      • IgnoranteElephante

        Wrong again, Rodin. The law does not forbid drunken people from consenting to sex. Thousands of people hook up with each other drunk every weekend and regret it in the morning. These people are not rapists under the law of this state. The law prohibits having sex with someone who cannot consent because they are unconscious. Despite your persistent anti cop rhetoric to the contrary, there was not one iota of evidence that suggested she was unconscious.
        As for your glee in having these men sued, if they are found liable, guess what, they are not paying. You and I are paying with our tax dollars. The deep pocket in any such case is the city, not the cops who are now unemployed.

      • Rodin

        Not worth a pixel of a reply. Can you possibly try to be more ignorant or have you hit bottom?

      • IgnoranteElephante

        No. Rodin that is the law as written on the books by the legislature whom which you elected. What is ignorant is your rampant cop hatred and baseless legal and factual conclusions. I will point you in the direction of Article 130 of our Penal Law, specifically 130.00(7) for the definition of “physically helpless,” 130.05(2)(b), and 130.05(3)(d) for an explanation of how lack of consent is derived from, among other means, the victim being physically helpless.

        If you need help with any of the bigger words, i.e., the ones with more than four letters, I will gladly help you. I know you think that your erratic, biased, irrational opinion governs others, but that is simply not the case. One day, you will very likely be accused of a crime, and you can only pray that those who judge you do so according to the evidence presented and the established law, and not some prejudiced and ignorant based hatred and fear mongering like you continue to do to these cops who have been acquitted by a jury of their peers of all rape charges.

    • bill

      You are an a s s h o l e Barry Levine. Drop dead.

  • truefacts

    Cops always win. No matter how hard you present proof to your case.

    • Principle and Practice

      Attorneys are just as bad. what a bunch dirt bags…

    • Anonymous

      Let’s debate the proof…I’d like to know what was presented that I missed while sitting in the jury box.

    • leo liu

      I have so many bad experiences with cops. all my respects are gone because their behaves. A lot of them are irresponsible and abuse their powers :(

  • Edward.

    …one of the cops was drunk?

  • Rodin

    Whatever the max is. She’ll get them in the civil suit if she pursues it, same as ‘acquitted’ murderer O.J. I hope she does.

    @ ant928
    A young professional getting smashed celebrating a promotion does not a “lying drunk” make.

    • donna

      Yeah, it’s apparent the only thing she really wanted – besides sex – was money for having sex she regretted!

    • Rodin


      Disgraced perv perp cops are great fodder in he hoosegow. They’ll get a taste of their own medicine if they serve a day.

  • E

    that would be tough when the top count they’re convicted of carry a max of 1 year, and judges almost never give consecutive time on multiple misdemeanors.

  • Bman

    They should get at leaast 5years

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