NEW YORK (CBSNewYork) — Testimony resumed in the shocking rape trial of two NYPD officers Tuesday.

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.

1010 WINS’ Juliet Papa reports: Jury gets a first look at the accuser

WCBS 880’s Irene Cornell on the friend’s testimony

The officers were called to help the alleged victim, who was inebriated after attending her own going away party, get inside her apartment.

Two of the victim’s friends, who had been at the party, took the stand Tuesday.

Kendra Taylor testified that shortly after midnight the accuser wanted to go home because she wasn’t feeling well.

Laurie Simi described the victim as intoxicated, stumbling and unable to stand on her own as they tried to get her into a cab.

“I thought she was intoxicated. Any time you have to walk someone to the sidewalk, and then put them in a cab, they’re not OK,” Simi testified.

Defense attorney Joseph Tacopina argued that the woman was coherent.

“While there’s no doubt alcohol was involved in this case it wasn’t to the point that it rendered someone unconscious,” Tacopina said.

Defense attorney Ed Mandery claimed the victim was not out cold.

“If someone is intoxicated, part of the law involves their ability to communicate and here we’ve got every witness that’s able to communicate with her just fine,” Mandery said.

Assistant District Attorney Randolph Clarke called the cabbie, “Kofi,” to the stand. He testified the woman was so drunk on the way to her East Village apartment, she threw up on the street in Brooklyn, and then on the Manhattan Bridge, reports CBS 2’s Pablo Guzman.

“She asked me if I could stop the car so she could vomit. I said no,” the cabbie said, adding when asked what happened next, “She make a noise like she vomit, in the car.”

When asked what happened at her building, the cabbie said, “She asked me for assistance, to get out the cab. I say no. I call 9-1-1.”

However, Tacopina said a security video will show a jury that the accuser was able to make it into her apartment without assistance.

“They’re going to see the complaining witness walking on her own, in high heels, into a building, up three flights of stairs, on her own,” Tacopina said.

The officers were recorded on surveillance video making four visits to the victim’s apartment that night.

On Monday, 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.

Prosecutors said that through their actions the officer’s “targeted two things: the sanctity of our bodies, and the sanctity of our homes” and turned the woman’s celebration into a “night of horror.”

Prosecutor called the officers’ actions “calculated” and “predatory.”

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.”

Comments (8)
  1. luis diaz says:

    with alcohol she asked …then…later uuf it was too large and thick …let’s place a demand …since got sex why not money as well??? is virginity loss at that age in the demand??? she should pay for that service…. why men pay?? a service is a service??

  2. BC says:

    Apparently the victim filed a $60 million dollar lawsuit against the city and NYPD.

  3. bob says:

    The cops are probably guilty beyond a reasonable doubt.I’m tired of cops beating raps where they are clearly guilty. Let them be found guilty and serve a substantial amount of jail time-that may be a deterrent in the future. By the way,I was once in a situation such as this,in which an inebriated young girl was thrown out of a cab because she was clearly drunk. I was tempted to call the cops but was afraid that something such as this would happen. I elected to take her home and have her spend the night with me. I did not take advantage of the situation. I think that she appreciated my behavior.

    1. Auburn Dale says:

      All police officers are Legally Designated Heroes and thus are EXEMPT FROM ALL LAWS.

  4. The Good Samaritan says:

    It seems you all have something against the cops because they are Italian

    The Good Samaritan has spoken

  5. Steve says:

    EVEN IF the officers are telling the truth (seems INCREDIBLY unlikely that they are), why would they be so incredibly stupid as to do something like this, with someone whose judgment was clearly impaired?

    They are supposed to PROTECT the public – what the hell?
    NYC – I agree – HANG EM HIGH!!!!

    1. mark ortman says:

      These two cops are guilty as sin… in the helll do you justify returning to her apartment four(4) times…??..because Moreno was comforting her due to his OWN recovery from alcohol??? are you kidding me?…the scary thing is that getting 12 jurors to agree on this rape with the victim forgetting ALL or most of that nights events is going to be a tall task for the prosecution…im sure the prosecution tried ot get Mata to “flip” on Moreno…

  6. nyc says:

    Kept going back out of guilt or to get more. HANG EM HIGH !

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