NEW YORK (CBSNewYork) — The woman accusing two New York City cops of rape returned to the witness stand Friday for cross-examination.

WCBS 880’s Irene Cornell: The Defense Attacked The Alleged Victim’s Memory

Defense attorneys immediately zeroed in on how much the woman had to drink the night she said two cops — officers Kenneth Moreno and Frank Mata — raped her inside her East Village apartment.

PHOTO GALLERY: Evidence Submitted By Prosecutors In Court

She testified to drinking wine with lunch, then later half a bottle of champagne, a shot of jagermeister and at least one vodka drink. It was enough, she said, to affect her memory.

“I remember being on a dance floor,” she said. “The next memory is being in the backseat of a cab throwing up.”

TRANSCRIPTS: Controlled Call Between Accuser And Officer | Controlled Meeting Between Accuser And Officer (WARNING: VULGAR LANGUAGE)

Defense Attorney Joseph Tacopina then centered on that memory loss. The woman admitted she was intoxicated and didn’t remember much about the night of the incident in December, 2008. Tacopina asked a series of questions about how she got home.

1010 WINS’ Juliet Papa reports: The Accuser Is Back On The Stand

“You have no recollection of that cab ride at all?” he asked.

“No,” the plaintiff answered. She then clarified: “I remember being in a cab. I remember two police officers helping me in the hallway. And I remember being raped by them.”

The alleged victim came off as articulate and strong when pressed by the defense. At one point, Tacopina asked her if she recalls telling a friend via email that she was ‘OK.’

The woman responded to the question saying “My friend was in London. Three thousand miles away. I wanted her to know that I was ‘OK'” She explained the email further stating “when something like this happens to you, the shock is so severe. You tell people you’re OK even though you’re not. Because you’re trying to get through it.”

The woman said Thursday that one of the two cops who helped her get home wound up raping her.

“What I’m hoping is that the jury doesn’t become overwhelmed with emotion, and I don’t think they will. I think if they decide this case on the facts given by the court, we’ll be fine. It’s just an emotional situation,” said Tacopina.

WCBS 880’s Irene Cornell On The Alleged Victim’s First Day Of Testimony

“I woke up to being penetrated from behind,” she said.

Surveillance tape released in court showed the two accused officers going in and out of her building.

Breaking down several times, she told jurors she remembered being shaken from her stupor by someone rolling her tights down her legs, hearing the sound of clothes rustling and velcro ripping, and feeling helpless.

“I was so intoxicated, I was dead weight,” she said. “I couldn’t move, or do, or say anything.”

“I remember lying face down on the bed. I was naked except for my bra,” the woman 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.”

Prosecutors said Moreno raped the woman while his partner, Frank Mata, stood guard.

Prosecutors carted in boxes of evidence, including photos showing what the woman’s bedding looked like after the alleged incident.

Another photo showed the woman’s living room. Prosecutors put emphasis on the photo depicting the curtains being closed, alleging the officers shut them before the attack.

Prosecutors also played a 20-minute audio tape of a secret recording the woman made 10 days later where Moreno admits to wearing a condom.

“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.

Outside the courthouse, his attorney tried to clarify the remarks.

“You have more than two dozen denials before Moreno says ‘if you want me to admit to something I didn’t do, then I will.’ That’s on the tape,” said attorney Joseph Tacopina.

On Monday the alleged victim will be cross-examined by the lawyer for Officer Mata.  It will be her third full day on the witness stand.

Does the woman’s story sound credible to you? Leave a comment below…

Comments (48)
  1. biff says:

    I’m a 30 plus year street cop, these two sub humans just made the job so much harder, that ppoor young woman will never feel comfortable around police officer again.

  2. Doris Torres says:

    This is so terrible, heartbreaking for everyone involved.
    The cops, Moreno and Mata and the victim as well.

    There are no winners here, everybody lost.

  3. Sue says:

    Why would a police officer who has served 17 years risk his career for a quickie? Even if she did flirt with him (if that is true) are you that desperate that you are complimented by a intoxicated woman who just vomitted? I am sure he could have got some action somewhere else. I go by the evidence.. and there was not any DNA that matched either officer. Besides the video what else do they have? Cervix bruises seem sketchy too me. She sounds very competent in her answers but does admit she does not remember? Which 2 years ago is hard to remember especially if you were drunk. The verdict is not out for me yet!

  4. Seth says:

    There is so much evidence the cops did this it’s ridiculous. There is medical evidence of a bruised cervix. How on Earth would she have a bruised cervix if she wasn’t raped? Also,Kenneth Moreno during the taped conversation says that they talked about him being her boyfriend,and he continues to try to convince her of a bond between them,very typical rapist behaviour. As for Franklin Mata,why this idiot doesn’t cop a plea and testify against Moreno is beyond comprehension

    1. heather says:

      as you say the evidence puts the cops there? as a law student and a female it is hard to say these two men did it i also read the so called tape and he (moreno) steady stands by the fact he did not do it , he-she siad cases are always hard and it will depended on all the witnesses to this case . my verdict still out

  5. Katie Franklin says:

    Totally guilty. Being drunk is not an excuse to “deserve” being raped, but is further reason why the cops are total cowards because they took advantage of someone who couldn’t even consent. Total filth, get them off the streets.

  6. mike says:

    she wanted to be the cop gf and he didnt so she file for rape that it

  7. Bob Fowler says:

    I don’t understand how the ‘lookout’ isn’t flipping. Cut a deal, get fired, get a year in medium security protective custody… I don’t think that I’d be looking to share the risk without having done my fair share.

    Maybe he’s afraid of the Blue Wall coming down on him in prison? I feel for him, as he is looking at a long prison sentence that he didn’t earn, but is too stupid to get out from under.

    Logic says Moreno raped her. Logic says a jury will find them both guilty of rape. Logic says that they will both go away for a long time. The only thing that logic can’t do is, restore the victim. May God grant her peace, regardless of the outcome.

  8. yari says:

    What I would like to know where were this woman’s friends that let her get into a cab alone knowing that she was so drunk? For her to have moments of blackouts she was way to intoxicated for her *ss to get home alone and at 1AM from BLKN to Manhattan. I’m not saying it’s her friends fault but if only one of them had escorted her safely back home..just saying

    1. Jenni says:

      Yes! I would like to know too!

  9. Patrick Fernandes says:

    There is no doubt in my mind that these supposedly law enforcement officers took undue advantage of a helpless young lady. They are rapist and do not belong in that job and disgrace the police force.
    They should be sent to prison just like any other criminal performing rape.
    How could they ever do such a horrible thing to destroy the self respect and dignity of a citizen.

  10. bill says:

    Was this a time lapsed tape? If it wasn’t then that wasn’t enough time to commit a rape. The tape shows them leaving after coming and going several times within the space of a short amount of time. Also she says that she woke up in the AM with the cop raping her and there is no tape showing the cop leaving with it being light out unless she meant early morning.

    1. s says:

      The video showed the time stamps, the cops were in that building for up to 30 minutes at a time. You need to watch the video again and pay attention as the time stamp skips on the security camera.

  11. Auburn Dale says:

    Why are the cops on trial?? All police officers carry the legal designation of “Hero” and thus are FULLY EXEMPT FROM ALL LAWS.

  12. Disgusted on the LES says:

    Are you kidding me?? She was too drunk to get out of the cab and you are saying she had morning after guilt?? How ignorant! These 2 dirt bags abused their power and to add insult to injury they took her keys and came back 3 times.. She was incoherent and could not make a sound decision to consent to sex, AAAnd they were called to the scene to help her get out of the cab and safely into her home, thats what cops are supposed to do, uphold the law and keep the citizens of NYC safe…She is the victim and not only should she sue the NYPD for allowing animals like this on the force which by the way our tax dollars are used to pay their salaries…she should also sue each of them personally!!! I hope they both ROT in jail and get it from behind daily….

    1. smustysgirl says:

      Sounds like the cab driver would have been a safer option for escorting her into her apartment than the actual cops who should have been protecting her. It’s sad that a complete stranger, an anonymous cab driver, had more respect for this woman than those police officers did. This police officer who raped her obviously thought that she wouldn’t be smart enough to record him in later conversations and relied on the fact that she was drunk and probably thought she wasn’t strong enough or credible enough to stand up to him. Good for her for not backing down because she KNOWS what happened. This guy in the transcripts tried to tell her that it wasn’t rape because apparently she was flirty and he was only trying to help her and he cared about her. Complete BS! I heard someone say earlier that they were called to help her and instead helped themselves to her… that says it all right there.

  13. the truth!! says:


  14. jme says:

    she’s looking for $$$$$$$$$$

    1. Jenni says:

      It’s a criminal trial not civil. And I haven’t seen anything showing that she has been wishy washy with her statements or testimony. Usually women who lie about this can’t keep their stories straight. So the statement that she’s looking for $$ is ridiculous!

      1. Off Duty says:

        The criminal trial always comes before the civil trial.

  15. Willy says:

    From the caricature she looks Asian…Maybe they had a thing for Asian women

  16. Kathie says:

    DIRTY COPS….. obviously… if so concerned call EMS, etc….at least videos dont’ lie…..

  17. Me says:

    This is a criminal case, not a civil case. When she does sue for punitive damages, she will most likely also sue the NYPD. Then you will have attorneys for each party, not a prosecution and a defense.



  19. Tommy says:

    Yeah, I guess the mountain of evidence against these two fine men really proves your theory.

  20. Retired 44 says:


  21. PATTY says:


  22. noway says:

    Doesn’t matter what happened, it was wrong they should have never ever went back after leaving her in her home. My question is why, if the cab driver said he had an intoxicated woman in his cab throwing up the dispatcher didn’t think to send a female cop as well. Why did they return 3 more times?! Why did they have her keys? and the biggest question is why would he say he did wear a condom if he didn’t?! If your innocent you wouldn’t say something like that even joking around. They took advantage of their power, as usual.

    1. Gregg says:

      I agree 100%. Why wouldn’t the police send a female officer knowing it involved a drunk young female ??

      1. badman says:

        maybe bc cops (male and female) are supposed to protect people, not rape them. these guys violated a trust.

        now they’ll get a chance to experience “penetration from behind” in prison – as ex-cops, I’m sure they’ll be very popular.

  23. nyc says:

    These cops are fudged up ! Tooo much evidence against them. Was there any medical tests that would confirm she had been penetrated ? After all, why she she put herself thru this if it was not true ?

    1. jG says:

      I read somewhere that there was medical evidence of penetration, however no dna evidence.

  24. Geena says:

    They are guilty!!! Why would they go to her complex 3 more times!!! If it was to check on her, then why wasn’t the dispatcher or someone notified, how about the cops calling her family members just to make sure… she deserved to feel sick afterwards, “hangover” but not feel violated. Someone mentioned that she deserve it??? what?!!! you don’t deserve to be raped, or violated in any situation just because you drank on a party or club or bar… You have the right to drink and feel a huge hangover, yes, that I agree but to have two cops and take their time to counsel you, please they are cops not social workers that gives advise… they shouldn’t have been in that complex at all… I hope they burn in hell! innocent or not they are guilty for being there more than once and for falsely calling 911 for a homeless laying on the area…

    1. Me says:

      See comments below this article. Some people think rape IS the victim’s fault.

  25. E says:

    they look like 2 lying wise guys

  26. Bell Toller says:

    the cops are innocent

    1. Tommy says:

      You are out of your mind if you actually believe that.

    2. mj says:

      exactly WHAT are you basing that on ? the fact that they ARE cops ?

  27. liwingnut says:

    Pretty scary stuff….Gut feeling = GUILTY

  28. Jenni says:

    I would like to know why they were entering her building 3 more times that night. One of them said that the were “counseling” that woman because he was a recovering alcoholic…really counseling? Is that was the kiss on the shoulder was all about??? Was that part of the counseling too? Dirty Dirty Dirty!

    1. Tommy says:

      Can you actually believe the defense is using that as the reason they entered so many times? Do they actually think the jury members are mentally challenged and would actually believe that? That shows how well the defense is doing if that is their strategy.

  29. Jess Santis says:

    Abuse, scandals, incompetent cops ,,,,That’s what NYPD is about. What is heard about NYPD being a great police department is all hoopla. These cops being accused of raping a helpless drunk woman are just the tip of the iceberg. NYPD has many more secrets, dark secrets, very dark secrets, extremely dark secrets. Stay away from NYPD or else you will be associated with the LARGEST ORGANIZED GANG IN UNITED STATES.

    1. J.Lo says:

      The problem is cops like this give all cops bad names! People in every proffession rape, steal and murder but when its a cop it front page news. There are really great officers that do heroic things on a daily basis that nobody hears about. If you really feel that the entire NYPD is corrupt then I think that speaks volumes about you. Do I think these two officers are guilty…yes but I don’t think every officer is a “incompetent”…seems like a very naive statement.

    2. Armadillio Rodrigez says:

      super dopper dark secrets! supernsuper super mega dark secrets! thats right – mega! Super, mega, giga .. uhhh … tera … ya! Tera-dark secrets!

  30. Carlos Vargas says:

    People you know what, there are many more of these type of pigs on the force. So citizens beware. I’m terrorfied!

  31. Fred L. says:

    I’m glad Willie and Nathan are on the Jury. The presumption by law is “Innocent UNTIL proven guilty”.

  32. Williedynamite says:

    how did these dirtbags ever get hired to be cops. if the one who was the lookout had any brains, he’d cop a plea and testify. send them both to rikers to hang with the crips and the bloods!

  33. nathan says:

    one look at at these guys faces and you know they did it. and thats a reference to their expressions, NOT their ethnicity so put your race card back in your pocket.

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