NEW YORK (CBSNewYork) — For the first time after the alleged rape more than two years ago, Officer Kenneth Moreno and Officer Franklin Mata came face to face with their accuser.
Moreno is accused of then raping the woman while Mata served as a lookout.
The 29-year-old fashion executive was very emotional when she took the stand, reliving that night in December 2008. The young woman described a day and night of drinking with friends to celebrate her new job in California.
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She claimed to begin drinking at noon, leading to a night of champagne, Jägermeister and vodka.
The woman said she was so drunk she has no memories of how she arrived at her East Village apartment later that evening.
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Testifying she blacked out numerous times, the victim said she did recall two police officers helping her out of a cab and leading her up to her apartment.
Of her few memories, the woman said she remembers being shaken out of her stupor by someone rolling her tights down her legs. She said she heard clothes rustling and Velcro ripping before passing out one more time.
“I woke up to being penetrated from behind,” she said.
The woman said she was helpless and could not cry out for help.
“I was so intoxicated, I was dead weight. I couldn’t move, or do, or say anything,” she said.
Assistant District Attorney Coleen Balbert broke up the questioning to play surveillance video of the woman and the officers, from two different angles outside her building, reports CBS 2’s Pablo Guzman. All of it was obviously painful. The jury was riveted as the woman broke down several times, clutching tissues, struggling to continue. Then came her recollection of waking the next day.
“I remember lying face down on the bed. I was naked except for my bra,” she said.
When asked how often she sleeps naked, the woman said, “Never! I saw the light from the morning … and I felt the shock of the rape. I felt like I had been penetrated. My body felt like someone had sex with me.”
Late in the day a 20-minute audio tape was played for the jury. It was made ten days after the incident as the accuser wore a wire and confronted Moreno outside of the 9th Precinct.
“You’re asking me to admit to something that never happened,” Moreno said on tape.
“Did you use a condom?” the woman asked.
“Yes, yes I did,” Moreno replied.
Earlier in the trial, the jury heard 911 tapes after prosecutors said Moreno and Mata called police pretending to be citizens and reported phony situations that required police attention in order to keep themselves in the vicinity of the East 13th Street building where the alleged rape occurred.