NEW YORK (CBSNewYork) — Grainy images on a building surveillance tape have become key evidence in the case against two NYPD officers accused of rape.

CBS 2’s Pablo Guzman reports on what the tape shows and what it could mean for the officers’ case and that of the alleged victim.

1010 WINS’ Juliet Papa has the latest on the trial

The attorneys for both sides spent most of Friday morning at the trial going over the video. It happened while Heather Millstone was on the stand. It was her bar, “Heathers,” that had the cameras next to the building of the woman who said Officer Kenneth Moreno raped her in her apartment. The defense jumped on the first image, which seems to show the woman walking without much help.

“Thank God for that videotape,” said Moreno attorney Joseph Tacopina.

Accused NYPD Officers Kenneth Moreno (L), Franklin Mata (R) (credit: CBS2)

“If we didn’t have that video, you would get the impression that she’s being dragged into the building unconscious. And, uh, you know: picture says a thousand words I think I’ve heard before.”

But prosecutors used the tape to make the jurors ask the question: why did the cops keep coming back?

So the case will probably turn not on the tape, but on the woman’s presence on the stand, which could happen as early as Monday.

“We’re gonna ask questions. And, she’s gonna have to answer the questions we ask. And I expect the jury’s gonna have quite a few doubts after we’re done asking her questions,” said Ed Mandery, attorney for Officer Franklin Mata, the man accused of being the lookout.

It’s clear Tacopina and Mandery are not concerned with pushing the envelope with a woman who has said she was raped.

At the end of the day, one of the woman’s closest friends took the stand. She said the day after the alleged rape, she noticed ties for the curtains had been removed, and were on the couch. The district attorney showed the jury that photo.

Please offer your thoughts in the comments section below.

Comments (11)
  1. Nungman36 says:

    Good point, bill. Not only did these cops commit a serious felony–of which both are equally guilty–they took an unauthorized “sex break” while they were supposed to be serving and protecting the community.

  2. RS says:

    This tape wouldn’t change my opinion at all. So what if she wasn’t “staggering”, they (the cops) themselves said she was highly intoxicated the “reason” they came back, numerous times mind you, to see if she was ok and to “warn her of the dangers of drinking”. Give me a break. Any rational person with a brain in their head knows that they were up to no good. Stop salivating defense lawyers, your clients are going down!

    1. Nungman36 says:

      I do agree, RS..
      These lawyers are putting up a brave front. It’s well they know a jury will come down hard on uniformed officers who abuse their position in such an outrageous way.
      The requirements for NYPD are so low almost anyone can become a New York City police officer. It’s not like on TV!

  3. LR says:

    For sure she was dead drunk, they were not concerned with her well being, they did not return at her request or there would have been a record of the calls asking for them to return, it is obvious that each time they left, they also left her apartment door unlocked. What concerned person will leave someone in the middle of the night with an unlocked door. They returned several times for one reason only, to remove any evidence.

    There are obviously no records of her calling the pct. to ask them to come back. I can only surmise that the she was incapacitated. For them to come back, they would have had to leave her door unlocked so as to enable them to come and go freely. This tells you that they were not concerned for her well being.

  4. jnocook says:

    …if they’re found guilty, let’s cut their nuts off on local television….

  5. Tell it says:

    In all my life I’ve never heard of a police officer bringing some1 home and coming back to check on them. Please ! These men are guilty and should’ve never been on the force. Just think about how many other things they have done hiding behind that badge be4 they were caught. Just watch the news, everyday there’s some cop doing something wrong. It’s time for these cops to be retrained and knocked back down to size..I was always told “cops and criminals are made from the same rags”….Thankyou for video because that will knock down that blue wall of silence !

    1. Nungman36 says:

      The officers are latino, too–idiioto!

  6. luis diaz says:

    the officers could have been exposed to aids sooo….it is at the end some vip service and was for free… hateful for her maybe that the ethnicity was not european or caucasian… but that hot latino sauce for freeeee

  7. RGJ says:

    Now Let me see, What good reason would the cops have for coming back so many times? Because they were concerned about her well being? I guess they were not so convinced the first three times huh? now, does the NYPD always check up on drunk people who they escort home? Really makes you wonder.

    1. ur mom says:

      um no not really. u have no idea why they came back and ur taking one screencap of a surveillance camera and jumping to an all night tag team rape. Thank god people like u dont run our legal system. and yes it is normal for nypd to at least make an attempt to check that someone who was in their care is ok, otherwise their liable if they dont take her to the hospital and she dies an alcohol related death. 99% of the time no one answers the door, most dont make a second attempt. Was that what these cops were doing? probalby not but simply returning the apartment doesn’t prove a goddam n thing.

      1. bill says:

        @ur mom, what are you talking about? They stayed 40 MINUTES at the last visit to her apartment. 40 MINUTES!!! Puhlease stop making exuses for these rapists. Your comments make no sense and clearly you are looking to make an apology for the rapists in blue. They are an embarassment to the entire NYPD.

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