NEW YORK (AP) — A New York City police officer accused of standing lookout while his partner raped a drunken woman gave his first public account of the incident Friday, telling a jury that they repeatedly visited the alleged victim’s apartment that night because they were concerned about her health, not because they planned to attack her.

“We weren’t doing anything wrong,” Officer Franklin Mata said of the encounter with the woman in 2008.

Mata and partner Kenneth Moreno are on trial in Manhattan on charges that they carried out a perverse assault on the semi-conscious woman hours after escorting her home when she was unable to get out of a taxi, due to excessive intoxication. Earlier in the trial, the woman testified that she passed out and awoke to find one of the officers removing her clothing.

In his testimony on Friday, Mata said he wasn’t involved in any assault on the woman, but he acknowledged some unusual conduct on the night of the incident.

He said that after seeing the woman home, Moreno took her keys, intending to come back later during the night. Mata said his partner had immediately struck up a friendly relationship with the woman, and that taking the keys was her idea.

“She basically asked that we come back and check up on her through the night,” he testified. “She told us we could take the keys. Ken took the keys.”

He also claimed that the woman, while drunk, was alert and able to make conversation.

“Ken was telling her about his past drinking problem and about how he had a drinking problem at one point and he was fighting for custody of his daughter and he had to make a decision to stop drinking,” he said. “Their conversation seemed very friendly, even a little flirty at times.”

The officers would ultimately return to the apartment three times during the night, all while they were on duty.

Prosecutors claim that Moreno set the stage for one of those visits by making a bogus 911 call to the police department, where he pretended to be a citizen complaining about a vagrant in a neighboring building.

Mata said he had no knowledge of the call at the time, but later recognized his partner’s voice when he heard a recording.

Assistant District Attorney Coleen Balbert asked why the officers had repeatedly returned to the woman’s home, if, as they claimed, she was sober enough to take care of herself.

“Ken was more concerned about her emotional state than he was about her physical state,” Mata said.

Mata said that during one of the visits, he fell asleep watching television. He said he woke up when his partner tapped him on the shoulder and told him it was time to go.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

Comments (36)
  1. Alex says:

    Unfortunately for New Yorkers we all knew that these cops were going to be acquitted. NYC Cops don’t go to jail, thats the way our system works. What cop has time to cuddle and sing to a drunken woman and then discuss their own issues with alcoholism? Give me a break, if no one’s eyebrow went up when he made that comment then something is serverly wrong with them. If they weren’t guilty then why didn’t they notify the dispatcher of where they were and what they were doing? If she was that intoxicated why not take her to a hospital? or if they took her home ask her for her phone and call a family member or friend to notify them of the situation? Fail, Fail, Fail! they did it but unfortunately they won’t suffer the consequences. This just continously proves the point of not being able to trust the judicial system.

    1. jamesmmm says:

      Hi ALEX: unfortunately, the eyebrows have been up for years, but nothing fact, even when we make comments like these, we put ourselves at risk…it isn’t just cops who are immune, it’s most government workers, although I must say cops, fireman and correction officers really get off scott free…government in general is the problem, but put themselves as the solution…one of the problems is also that they also stalk these blogs and use them to promote greater and more expensive government, and with all the wanna-bees out there, our goose is cooked! Peace and Love will save the day and Jimi Hendrix said: “if ever the power of LOVE exceeds the love of POWER, the world will know peace.” We’re along way off

  2. Trish says:

    We will never know what happened that night. But I hope that the young lady stoped drinking. I think she has/had a problem, she started drinking at mid-day.

  3. Rich says:

    I swear ” I did NOT have SEX with that women” ha ha , you liar.

    1. seemore says:

      the actual quote from his lips to your ears is : verbatum ‘ I’m going to say this one more time, I did not have sex with that woman, ms lewinski” Of course the semen deposit was the trump card. No doubt that to this day, millions of his followers believe his decaration, WOW.

  4. Jean Luc says:

    They should have taken her home and left her alone or more properly taken her to the hospital as an intox person ( that she was ) – period. They were wrong from jump for going back there and from there it’s all downhill.

    1. Hermann says:

      Jean, would you say that one LIE leads to another, and another, – – -?

  5. Harry says:

    On the surface everything looks obvious. Both cops are lying here and the woman is innocent. If this was a trial by papers, news websites and commoners like us, they’d be sent to jail.

    Why on earth do we have a court system, where things have to be proven beyond reasonable doubt? Remember the Central Park jogger case??? We thought we sent the culprits into jail. Alas 4 innocent men had to sacrifice their youth for more than a year for something they never did.

    If I may take the other side for a moment, why did she take 2 yrs to file charges and file for financial damages(recession has hit hard on her?), why did she say they visited her 3 times(when the cameras show 4 times)…..or something to that effect? I mean both sides have strong arguments, so lets stay neutral and let the legal system take its course.

    My personal thought, getting drunk like that, late into wee hours, throwing up in a cab(messing up that cabbies night in the process), unable to get out and carry u’r self into u’r apt, is just not a way decent woman should behave.

    1. Harry says:

      correction: not a year, they had to serve for more than 10yrs(?) for a crime they never did!

    2. Hermann says:

      Harry: ” – – – is just not the way a decent woman should behave”. Harry , in my opinion it may very well be that there is a ‘dark’ secret that you have about women, dwelling in the recess of your mind.Are you saying that if she was drunk and could not control her actions, she DESERVES the consequences?? The report of her confronting her accused rapist , and asking him wether he used a condom ,brought a response which would direct sensable people to reach only one conclusion . Like me, you do not have all the FACTS, and we must render an opinion based on what is reported as facts, NOT PERSONAL FEELINGS ABOUT DRUNKEN WOMEN!!

  6. Suzannah B. Troy says:

    May 11. Lunch time protest 12:30 – 1:00 275 Madison Ave. The older cop – Rape Cop Moreno’s very high priced lawyers office join me for a protest for these supposedly educated men asking in court if women’s private parts snap shut like a Venus Fly Trap! The Gyno MD expert they hired to refute forensic findings handed over baby Lisa with no paper work to Joel Steinberg who beat Lisa to death at age 6. Join us to say stop the violence stop the rapes including in court. Even more women will not come forward and rapes are up.

  7. Patty says:

    liars….and they are supposed to be the protectors of the law!

  8. DIVERSITY = DEATH says:




  9. Gregg says:

    …and people say the cops here in Mexico are corrupt? Every day there is something bad about U.S. cops, oha and yes you too Sherriff Joe!

    1. Nick Meisher says:

      In Mexico there would be no trial or even a news report. It would have been considered consensual, since she gave the guy keys and said to come back.

      @Greg, not sure what your point is. That US is just as corrupt as Mexico? For some reason thousands of Mexicans run to USA each day. Because in USA they have a shot at making better money, educating their kids better, and improving their lifestyle.

      If a bunch of people were breaking into your house at night in Mexico, would you call the police? ;;;”Hello… Police? The Juarez Cartel outside trying to.. Hello? Hello?

      1. Hermann says:

        Nick: “- – – since she gave the guy [ moreno] keys and said to come back”. Am I correct when I say that you are JUST REPEATING the words that you read from print and was reportly stated by Mata?? The flow of the defense as I sense it,. is that Moreno DID NOT ENGAGE IN sexual intercourse with the’ drunken woman’. I don’t know exactly what your point is.Can you present a more concise and explicit point of your opinion?

  10. Carlito Rovira says:

    The police are criminal with guns. How many times do they beat and shoot unarmed people (especially people of color) and then lie on the accounts of such events? It is an institution that functions and behave with impunity. It is not surprising that police officers are involved in a case of rape.

    1. Hermann says:

      Carlito: “- – – especially people of color’ .Exactly what people of color? Caucasian (white),Negroid (black), Asian (yellow), American Indian (red) ?????

      1. Alex says:

        What the hell is a Negroid??? Please use proper termanology when referring to African American people. I don’t know where you live (most likely some small hick town in Iowa) that you assume using that word is ok and if that is the case then you are highly mistaken.

  11. Kosher Chicken says:

    Community Buggary program. Instead of getting a ticket for public intoxication
    or going to the hospital

  12. jelly donutte says:

    This is about a woman who likes cops and cops who take advantage because the opportunity presented itself.

    1. Hermann says:

      jelly: Your comment displays your IQ. It epitomizes the zenith of STUPIDITY.

  13. Ramz says:

    WOW way to go liars. My 3yr old wouldnt believe their story.

    1. Steve says:

      I totally agree…I have a funny feeling the jury is going to feel the same way as your 3 Year old.

      1. Hermann says:

        GOD BLES your three year old—the USA needs more like him/her.

  14. jamesmmm says:

    government paid bloggers will soon be overwhelming this blog and trying to whitewash the finest…it always happens….we go to work, government workers blog to defend their way of life…then go out on disability pensions…who pays?

  15. Dave says:

    Law enforcement seem to think they are beyond by our laws.
    Like a previous comment, “let’s blame the victim”.

  16. Robbie says:

    Bet they get off on all charges as they are NYPD’s finest….

  17. Bob Fowler says:

    Franklin Mata, here’ your chance to be a man. You have been caught in a series of lies. Moreno got some, and you get jail? Your career as a cop is over. You will live the rest of your life as a pariah. There is really nothing left for you to do, except come clean, and hope that doing the decent thing might spare you from a not so bright eternity.

  18. M.Robie McMann says:

    Such liars the truth is in their tense faces.
    I guess they went to her apartment to pray with her
    as they were so worried about her health.
    Why did they not tell their dispatcher or their superior officer
    that they were going back to her apartment several times as
    pe NYPD departmental regulations.
    “Liar.Liar pants on fire”
    Let’s keep blaming the victim ,will not work here.

  19. Bob Fowler says:

    I have better questions for Mata…
    If you were there to check on her, why did you never check on her? Why did you stay on the couch while Moreno ‘checked’ on her?
    Oops, did I just break that lie?

  20. carl says:


    1. Ellen says:

      Carl I agree with you on that one, and if they were all that concerned about her welfare then why not just take her to the hospital, or call a friend to check up on her.

      1. Laura says:

        Carl, while I agree with your sentiment… I’m not sure about your FRIES and SMOEK, I like my fries with ketsup

    2. Truth says:


    3. Hermann says:

      Laura; The point is salient, albeit the spelling could use some proof-reading. I assume carl was just checking to see wether you were attentive as to his misspelling.

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