NEW YORK (CBSNewYork) — Opening statements began Monday in the trial of two New York City cops charged in the rape of a drunk woman they escorted home.

Prosecutors allege officers Kenneth Moreno and Franklin Mata helped an inebriated 28-year-old fashion industry executive out of a cab in December 2008 before Moreno allegedly raped her inside her East Village apartment while Mata served as a lookout.

WCBS 880’s Irene Cornell: The Trial Has Begun

Both officers, suspended and on trial, walked into State Supreme Court almost two and a half years after, prosecutors said, they betrayed their badge and the public’s trust.

Assistant. D.A. Randolph Clark, Jr. told jurors, for the then-27-year-old female fashion industry executive who just attended her own going away party, “what started out as a day of celebration turned into a night of horror.”

He added that through their actions, the officers “targeted two things: the sanctity of our bodies, and the sanctity of our homes.”

Clark went on to describe how the woman was so drunk she needed help getting out of the cab, and how a short time later, she recalled lying face down on her bed, hearing the sound of a police radio. She remembers her tights being pulled down and waking up knowing she was raped.

Prosecutor called the officers’ actions ” calculated, predatory and repeated criminal activity, a rejection of their duty.”

1010 WINS’ Juliet Papa reports: Defense attorneys question woman’s credibility

Both defense attorneys launched into an attack on the woman’s memory and credibility.

“Obviously, their lives hang in the balance here,” said defense attorney Joseph Tacopina, who was expected to argue rape never happened and the semi-conscious victim was too drunk to recall the facts.

Tacopina was telling the jury that by her own admissions the woman admitted she “blacked out really bad.” The woman apparently told her friends that next morning that she wasn’t sure if she had been raped.

What was not in dispute was that the officers made four visits to the victim’s apartment that night. Each was recorded on surveillance video, reports CBS 2’s Pablo Guzman.

Tacopina told the jury the officers returned because Moreno is a recovering alcoholic who was really trying to help, claiming the woman told Moreno: “She was upset that she drinks too much. (She) was comforted by Officer Moreno. (She) asked him to come back. Why did he come back again and again? Would a rapist do that?”

And then came a bombshell from the defense lawyer.

“She became flirtatious with Officer Moreno in that apartment. He made a conscious decision to succumb to physical contact with her. But he did not have sexual intercourse with her!” Tacopina said.

There is no DNA in this case. It will boil down to if the jury believes this woman’s story when she takes the stand, and when the defense lawyer tries to tear that story apart.

Prosecutors likely will try to use Moreno’s own words against him, statements he made to the alleged victim while she was working with the D.A.’s office and wearing a wire.

Moreno repeatedly denied the rape, saying “You’re asking me to admit to something that never happened.” But when pressed, and asked if he wore a condom, he replied: “Yes, yes I did.”

Does the situation sound suspicious to you? Leave a comment below…

Comments (60)
  1. Charly says:

    If the victime is write the goimg to jail if she is black or spanish they will b in probartiuon

  2. MDC says:

    These pigs are as guilty as hell.

  3. tommy says:

    if (mata) was the “lookout” while his partner went to “check” on the woman THREE times , what was mata looking out for? (the sarg.) Why didn’t they radio in where they where if it was so innocent???? and why were they so concern with this one women? how many sick people do the police help nightly? hundreds?????

  4. Sarah says:

    Sorry I don’t buy her story! I think she was flirting with the cop and things went oo far. She regrets it and instead of owning up to her trashiness, she cries rape. They kept going back to the house because she kept calling them back to get her story straight. Why would she have him on tape saying he was wearing a condom? Because she was ready to go after them from the get go.

  5. Auburn Dale says:

    How can any cops be on trial for anything? All police officers are Legally Designated Heroes and thus are EXEMPT FROM ALL LAWS.

  6. William says:

    I’m sure your dad used those EXACT WORDS….. the presto, a bouncing baby boy came into the world!!! A$$H*LE!!

  7. Kimberly says:

    Why does it matter that the victim was drunk, and what is the basis for the claim? Is that supposed to me a mitigating factor? I find the observation irrelevant and offensive. Will be taking a break from CBS local news.

    1. Anrolica says:

      Every media outlet that’s been covering this has reported that the alleged victim was intoxicated. So I guess you’ll be “taking a break” from ALL local news for awhile.

    2. Sarah says:

      It is a fact of the case! You want them to just leave facts out because YOU are offended? Get off your high horse!

  8. Steven says:

    No question about it.
    They did it!
    Pigs did it.
    We all know that!
    They think they are above the law.

  9. MattGMD says:

    “Innocent until proven guilty” – that goes for non-cops and cops both. Funny how cops like to proclaim they are “innocent until proven guilty” when they are the ones charged. However, when non-cops are charged, the cops too often treat people like they are convicted upon being charged. Constitution does apply to everyone, non-cops and cops, like it or not.

  10. jbrutal says:

    sure you would, Nate – you forgot about your Mom, you moron!

    1. Tha's Cold, yo! says:

      Oh, sweat!

  11. Jasper says:

    62 million reasons why she wants them found guilty.

    1. Sarah says:


  12. nyc says:


  13. Harlem going HAM says:

    They rape that lady
    And they to put in jail without any protection or consideration, as they extended to their victim.

    1. Good Job! says:


      You, my friend, have excellent command of the English language.

      1. HARLEM GOING H.A.M. says:


  14. sosmart says:

    These cops are as guilty as sin. They will say they didn’t do it, but they know
    they did. Unfortunately, their lawyers will do everything in their power to discredit
    the victim, thus making her twice a victim. I think she has a lot of guts to go through with the trial, and I’m sure they will be found guilty.

  15. Irine Kay says:

    I am not a judge and will not judge police officers. The woman should not drink as much as she did. I wanted to ask the Police Officers if they had plesure for sex like this one? I do not wish any woman to be in this woman shoes.

    1. IgnoranteElephante says:

      I strain to find any coherence in your comment.

    2. MattGMD says:

      You should have no problem judging the cops as you easily judged the woman should drink less. Hypocrite. No level of intoxication justifies rape or nonconsensual sexual play. Come on, NY’s finest, we expect better from the men (and women) in blue.

      1. maerina says:

        I am woman and against the rape. Why did she drink this much? She could not control the situation. Person can join party without intoxication like she had.

  16. No Use For Cops says:

    Drunken cowards who charge others for crimes that they rush out and commit. When are we going to use the poliice tactics against them and plant spies and informants in their midst to get the extent of their criminal activity. Setting fires, running prostitution rackets, stealing items, raping women. These are the scourge of society. Who remembers the SS and the gestapo as nice guys. These paid thugs are the same as every other hired goon that has even worked for the establishment regimes throughout history.

    1. Tee-Hee says:

      Awwww, someone’s kwanky.

    2. IgnoranteElephante says:

      Wow! Talk about baseless generalizations. I suppose all blacks are criminals and all Jews are greedy and cheep. The Irish must all be drunks, and the Polish all stupid. Way to go with your contribution. Perhaps, we should do as Councilman Charles Barron, like you another rabble-rouser, and have the Blank Panthers shadow the police.

      1. Liberal Jew says:

        Nice point, but, as a Jew, I can tell you that your second generalization is true. We’re greedy and cheap.

      2. Conservative Jew says:

        And we double park even when there is a parking space available. It’s in our teachings at the Yeshiva to be inconsiderate to others.

      3. Liberal Jew says:

        Well, we’re just plain nervy, pushy people. We teach tolerance and inclusion, but systematically exclude all non Jews and push our agenda on everyone. I guess something we do is working because, although we represent only three percent of the population, we control the media, i.e., CBS, NBC, ABC, the NY Times, the Wall Street Journal, the Daily News, and the Washington Post; Hollywood; the legal profession; the medical profession; education; and we own about ninety percent of the real estate in Manhattan. Plus, 50 percent of the country’s billionaires are Jewish.

  17. shopaho says:

    She opened her “back door” for them. That’s why they “came” three times.

    1. Harold says:

      Nice one =P

    2. Romaine says:

      I think most of you forget that the rape was “alleged,” which means it is a disputed point in this trial. Most of the comments I have read support my belief that the public is wholly incapable of accepting the “innocent until proven guilty” model of court which the US court system is built around.

      1. Iceberg says:


        This is the court of public opinion and a place to snark anonymously. Of course they’re guilty, all 3 of them.

    3. HARLEM GOING H.A.M. says:


  18. charla n says:

    The whole empire is criminal. But the guilty will be punished there is no more white stone to be given.

  19. jtorres says:

    I tend to root for cops but who goes back THREE times to check on a “drunk woman”? Wouldn’t she be safe once she was home to sleep it off? These cops saw a vunerable woman and took advantage of their position and power. She gets nothing from lying even if she sues the NYPD. Nowhere is it written she would win a lawsuit. That Blue Wall of Silence is very stong.

    1. Frank & Ken says:

      We had to go back and probe for any lingering issues. We like to be thorough. It’s what we do. It’s what we love.

      1. harlem going h.a.m. says:

        you guys married? testing the same holes isn’t a good thing buddy.

  20. Trishe says:

    There is not enough information in this article to make a sound decision, hence it can go either way. The DA is not interested in the truth, only in winning. It does not matter if there was a rape or not, what matters to the DA is sending someone to prinson and meeting their monthly quota. Same as cops. Cops are in a position of power and they do not care to get to the truth only to make an arrest and meet their monthly quota. Saddly we will never find out he truth.

  21. Celeste Sullivan says:

    The first question is “Why has this case taken over 2 years to come to trial”?
    The second question is “if the woman was very intoxicated, how could she remember being raped”?
    The third question is” Who opened the apartment door when the officers came back that night?”
    I would just put all parties on a lie detector and find out the truth.

    1. sosmart says:

      #1, even when totally drunk, there is moment of lucidity that enables the person
      to remember that their pants were pulled down.
      #2 the justice system in NYC is very, very crowded and slowwwwwwwwwwww.
      There were many many appeals and filings by the cops attorneys which delayed
      the case.
      #3they opened the door the first time with HER key that they found in her purse
      when they originally took her home. The subsequent times, the door was not
      locked, they just kept letting themselves in at will.
      And finally, the cops were asked to take polys and they refused.

  22. Celeste says:

    The first question is “Why has this case taken over 2 years to come to trial”?
    The second question is “if the woman was very intoxicated, how could she remember being raped”?
    The third question is” Who opened the apartment door when the officers came back that night?”
    I would just put all parties on a lie detector and find out the truth.

  23. joe says:

    All the cop lovers will find some excuse as to why the victim is wrong and these cops are the brave ones who put their life on the line…blah blah blah…

    Cops always want the benefit of doubt, but rarely give it back. They assume all suspects and perps are guilty, until proven innocent.

    did you know NYC has paid over 1 billion dollars in lawsuits in the last 10 years? But yeah, police are the heros, such nonsense

  24. Kathy says:

    And the scary thing about a rapist….he is a decent looking guy and I am positive there are plenty of chicks willing to sleep with him….so why risk your career on someone drunk that you were supposed to be “helping?” And I am sure his lawyer will attempt to blame the victim for being drunk….my opinion on what happened goes like this, she is good looking and sloppy trying to get out of the cab, she accepted help and got taken advantage of. I hope the truth comes out!

    1. HARLEM GOING H.A.M. says:

      well said, or written

  25. Moral Truth says:

    Two police officers being railroaded by a money hungry drunk female and thats the moral truth.

    1. Mr. Armenia says:

      Moral Truth,

      Will you marry me?

      1. voiceofreason says:

        here comes the bride…dun du du dun

    2. Moral Truth is a pedophile says:

      Moral Truth- is a pedophile

      And thats the Moral Truth

  26. doms bagatsolon says:

    If NBA players can rape, why can’t policemen? If a US president can have sex with an intern, why can’t an ordinary policeman. It’s unfair to the policeman.At least he was sensible enough to wear a condom.

    By the way, did a famous pro golfer wear a condom while doing it with 11 women other than his wife? Just thinking!

    1. badman says:

      well! now we know that Tiger (or his Mom) reads and posts on this page anonymously.

  27. Jerry says:

    As defenders of freedom and right vs wrong most officers are truthful. These two testerone filled vessels are nothing more than street punks with power.
    I believe it not only happend I bewlieve the subsequent trips were for seconds because they knew they could get away with it.

  28. Sue Treacy says:

    how many cops come back to a persons home without invitation or without being ordered to…….after taking care of whatever the situation was. certainly their behavior is suspicious, and unfortunately these days more and more we hear about law enforcement people who lack integrity. i lean towards the woman in this case. as much as i’d like to buy the cops story, it ain’t happening

    1. Ken Moreno says:

      I had to go back to retrieve my underwear.

  29. Terry says:

    People always lie, you have to catch them. Costco sold my friends contaminated meat and they lied about it, covered it up, even though insurance adjusters said it was Costco’s fault. That is the way evil people are, do something then hide it.

    1. badman says:

      thank you for your relevant anecdote and super keen insight!

  30. Alan Foos says:

    You’re asking my opinion? My opinion is that my friend’s daughter was raped in the high school in Montana as she claimed, the reason being the number of similar incidents in the same area of the building that were also ignored, one of them standing out as a staff member with a daddy in admin. This one doesn’t sound any more likely, but you gotta ask, why would he have been wearing a condom on the job? That’s my opinion.

    1. Frank Mata says:

      Nope. No one asked for your opinion. But, to answer your question: kevlar vest, kevlar condom – don’t leave home without ’em.

    2. badman says:

      lotsa people on here today not speaking their native language. Alan, it’s OK – speak Polish and be proud!

Leave a Reply