By Irene Cornell

NEW YORK (CBSNewYork) – Jurors went home Wednesday without a verdict on the sixth day of deliberations in the trial of two New York City cops who are accused of raping a woman in December 2008.

The jury’s first note of the day was a request for help from the judge. They wanted to know how to evaluate the conflicting testimony they’ve heard in the case.

WCBS 880’s Irene Cornell reports: Jury Asks For Help With Testimony Of Witnesses

On Tuesday, the jury of seven men and five women reviewed the testimony from the seven week trial of officers Kenneth Moreno and Franklin Mata.

The two are charged with raping a then 27-year-old drunk fashion executive in her East Village apartment back in December 2008.

Moreno is accused of the sex act and Mata is accused of helping Moreno by acting as a lookout, monitoring a police radio while they were on duty.

The conflicting testimony is between the accuser and the officers. Her story is that she was drunk, blacking out and physically helpless.

She said she came to enough to know she was being raped by one of the cops, who had helped her upstairs to her apartment.

Then, there’s Moreno’s and Mata’s stories, who said nothing like that happened on that night in December.

Moreno testified the accuser was flirtatious and tried to lure him onto her bed while Mata said he dozed off on the couch in another room.

The judge’s instructions for the jury was that there is no specific formula except their own common sense when evaluating the credibility of witnesses.

The jury was handed the case last week. No word yet on when a verdict will be given.

Moreno and Mata face up to 25 years in prison if they’re convicted.

What do you think? Let us know in our comments section.

Comments (55)
  1. Bangor says:

    I called it. NOT GUILTY on rape charges, guilty of other stuff.

  2. Innocent says:

    How come she didn’t pickup the phone and call for help? This seems suspicious.

  3. BPF says:

    “yes i used a condom”, “it was only me”……..He said it, its too late, and WAY
    TOOOOOO MUCH COVER-UP went on with the phony call to 911 and the
    fake log entries……COVER-UP takes place when their is serious guilt
    and DO you REALLY BELIEVE the other officer was asleep on her couch
    (of all singers to choose from??)

    DEFENSE LAWYERS ARE……………..!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


  4. Joey says:

    What’s wrong with her? It’s not like she got pregnant or anything….forget about it.

  5. Marc says:

    Fernando, there is no blue wall fo silence and your liberal pig friends destroyed it with, Al sharpton, charles barron… know the clowns you vote for every year …..

    this city is gonna reap what it sows based on their treatment of its officers….

    when crime skyrockets..oh wait it already just keep believeing mayor moneybags that crime is down…..youll regret the treatment u give to these cops…

    1. KPMc says:

      Sooo… you think there SHOULD be a blue wall of silence? Conservatives are for corrupt cops but liberals are against them? Is that what you are saying? Well I consider myself neither conservative or liberal but a free thinking human who forms his own opinions but if name-calling is what I’ll get for being against corruption than call me anything you want. However, the words used to describe you shouldn’t be printed on a family website.

  6. jones says:

    These cops went back to the
    ladiies apartment because they were
    concerned about her wellfare.
    They should get promoted to detective.

  7. Bruce Goldensteinberg says:

    Everyone watching this case knows that the ‘victim’ wanted a piece of NY’s finest. When Moreno told her she wouldn’t be getting any from him since he was on duty, she probably wanted to get back at him for turning her down, and made up a phony rape story. Happens way too often with women these days.

    1. Been There Before says:

      Bruce has a good point. Many women I know are like that too. And when they get pregnant they will milk him for child support money.

      1. Bruce Goldensteinberg says:

        She knew Moreno was on the force 18 years and wanted to stop him from getting his pension, or perhaps get knocked up by him so she would be on easy street for the rest of her life.

    2. KPMc says:

      Yes… and she somehow magically made them come back four times and report a false 911 call.

      Whether there was an actual rape or not you people defending these two lowlife pieces of garbage really ought to do some serious soul searching… talk to your clergy… something.. cause you have some serious issues going on.

  8. Jenny says:

    Not guilty by reason of a money hungry hoe. Good luck boys you are in my prayers

    1. KPMc says:

      In your prayers is fine… just hope they’re not in your apartment when you need help or are helpless.

      But I guess you’d just sleep with them but NOT bring about a lawsuit or criminal charges.

  9. Vin F says:

    OJ was aquitted too….doesnt mean he didnt do it

  10. patty says:

    just leave those cops alone they are not guilty its the same old stuff getting stuf on policeman it is all a bunch of lies god bless them both patty

    1. KPMc says:

      Patty.. they went to the apartment four times and made a false 911 report to cover where they were. Even if it wasn’t rape how could you defend these two lowlifes?

      No one forced them to do those things. Their actions are indefensible. They abused their position and don’t deserve your sympathy.

  11. Joseph Didonato says:

    Going back and forth to a drunk girls apartment and your a cop, to serve and protect?????
    6 days of deliberations they are going to walk!!!!!
    What a nice message this will send to all of NYC

  12. Tommy says:

    Nice to see my comments getting censored


  13. Bangor says:

    They are guilty of everything but the rape. You can’t send two people to prison for 25 years for a crime that has no physical evidence, and he said vs she said, with ‘she’ being 4 times over the legal limit drunk and suing the city for 50+ million.

    1. davey says:

      there is physical evidence:a fresh bruise to the cervix “that really shouldn’t be there,consistent with rape from the position she described”…with everything else this case overwhelmingly points to guilt…she sued them after they raped her not before…

      1. Bruce Goldensteinberg says:

        They found the DNA of 3 dudes on this woman’s nasty sheets. That means it’s very likely she was getting it from at least one other guy probably days, or maybe the same day, she decided to ruin the lives of these cops.

      2. Bangor says:

        Well, at very least, it suggests that when folks do the nasty, there is almost always some sort of fluid on the sheets. And yet somehow there was none this time.
        Money hungry drunk kid.

    2. kevin says:

      Bangor, you should go play in traffic. If that was your daughter or wife, the evidence alone would be enough for you to want to kill them and see them prosecuted. She should sue for more.. Maybe Mata is your boy toy ? GO AWAY

    3. Wake Up People says:

      Now I ask you, who better than a cop to know how NOT to leave evidence?

  14. Fernando says:

    Both officers are guilty, but Mata is a fool for protecting the blue wall of silence.

    1. KPMc says:

      Mata is a ball-less lemming. I don”t know how he looks his parents in the eye. He is the epitome of the kind of person that should NOT be a cop. The next time he stands up for anything just will be the first time in his life. Pathetic coward!

  15. Jess F says:

    Unfortunately, there is no proof of rape. It is 2 yrs later. At the end of the day, thats what matters. Innocent until proven guilty and in this case, there is no way you can prove rape. I bet the verdict is not guilty for rape, but they get slammed with trespassing and other charges.

    1. davey says:

      there’s reams of evidence who are you kidding? do your research…

      1. KeepCalling says:

        They are tools and hack jobs. What your asking them to do is outside of their IQ level.

  16. Jose Berberena says:

    Any regular john doe would’ve already been convited hello they ‘re guilty as sin

    1. michael burnett says:

      let do the math if the person who was intoxicated on tha nite was a male these 2 nypd would not have been no where nears tha resident after the 1st trip there we are from bklyn ny not brookline mass. a young attracted shapely intoxicated female who they thought was a quick piece of ass while on the job
      add up 2 the 1 denomination-rape

  17. RichieT says:

    I don’t know how many of you are aware of a recent ruling by the Supreme Court. “There can be no law that limits the length of time a person can be sentenced of a person found guilty of any sexually related crime” We won’t have to deal with “registered sex offenders” living in our neighborhoods anymore.

    1. Wil says:

      what case is that? just curious, but i would be shocked if that was the actual holding because it would run afoul of cruel and unusual punishment prohibitions.

  18. Timbo James says:

    Should be interesting to see the outcome in the Kangaroo Court.

  19. Savy says:

    according to testimony , one of the officers confiscated the keys to the apartment earlier , facilitating their entry into the building and apartment, one of the charges against them is for trespassing + entering said apartment without permission of the the victim.

  20. MIKE says:




    1. Being Real says:

      Hey Mikey Boy, “if the glove don’t fit- you must aquit” Remember that line from yrs ago. No DNA. 3 different guys left a present behind but not the Officers. No trace evidence, nothing. You can’t send someone away for 25 yrs on a he said, she said. They will be convicted of a lesser charge, lose their jobs and that will be that.

      1. Jess F says:

        I agree with “Being Real” 100%.

      2. davey says:

        you’re both full of beans. jess you ain’t no woman.dna dnsmhay…we don’t need dna.his own testimony places him in the bed with a naked woman way past the legal limit…i guess that’s the test that doesn’t count huh?…they had dna in the oj what? pretty bad example to use…but a condom doesn’t prevent a bruised cervix… i love it how a FRESHLY bruised cervix is nothing to you one else was in there that night.they were placed at the scene.the evidence is overwhelming with that, the cover up,the lying on and off the stand to the precinct; to people in the building,the torturous recording of moreno and accuser(red flag central),the surveillance,the “lost” memo book ..the last time they were there(out of 4) there were there for an HOUR.that’s insane….it’s all there when you put it together: a failed crime and cover up attempt …no reasonable doubt…get real….

  21. Tough Job says:

    At least they are being careful. A very hard job they have in front of them. I am sure they do not want to have to look back and say we made a mistake. it could go either way. But I think they are guilty.

  22. Peter says:

    What is there to deliberate they are guilty!

  23. Cookie says:

    You never do know how the jury will come back. I think they are guilty. However, if you think about it. How drunk was she. They came back to her apartment a few time to check on her. Who opened the door?. If she was able to come to the door and greet these cops then I have a problem with how drunk she really was. I think the cops had no business bringing her to her apartment and not business go back to check on her. If they had concerns they should should have called an ambulance .

    1. mich says:

      Thye had her keys cookie… where have you been this whole trial???

  24. DIIVERSITY = DEATH says: (western voices world news)

  25. Kevin says:

    The longer the jury take to deliberate, spells doom for the 2 idiot cops. I hope they both go to JAIL.. They are guily beyond a resaonable doubt and deserve what’s coming to them.. SHAME ON THEM !!

    1. Cookie says:

      @ Kevin, not necessarily. Its when they come back same day that really spells doom. They are lookiing right now at everything. I think they jury maybe split.

      1. KeepCalling says:

        Please go back to sleep.

    2. Tommy says:

      Have to agree with cookie, since they are taking so long usually means there are some that are convinced on both sides, who knows whats gonna happen. My guess is they get convicted on all the other charges except for the rape…which is a shame cause they are guilty as sin. Hope these pieces of trash rot in hell!!!!

      1. Erica Mathis says:

        How do you know they are guilty as sin? Are you on the jury? did you hear the whole case first hand? They maybe guilty as sin, but you don’t know that.

      2. davey says:

        from all the evidence thats been presented we do know they are guilty beyond a reasonable doubt…thats my opinion…the latest thing i’ve researched thats bothered me is the fact that the last time of the 4 times they went in(after 4 a.m..)they stayed for an HOUR…. thats insane!!…when you put it all together there’s no question of a crime and attempted cover up tht has failed miserably…

      3. IgnoranteElephante says:


        I would like to hear some of the evidence that you feel that has been presented that leads you to believe, beyond a reasonable doubt, that a rape has been committed. In order to be convicted of raping this women, it is not enough for you—or the jury, more importantly—to believe a “crime and attempted cover up” were committed. The jury must find evidence that proves the crime of rape beyond a reasonable to convict on rape

      4. davey says:

        @elephante:a FRESHLY bruised cervix “consistent with rape from the position she described” when no one else was in there that night.they were placed at the scene.morenos own testimony has him in the bed with a naked woman 4 times the legal limit ;the attempted cover up,the lying on and off the stand, to the precinct; to people in the building,the torturous recording of moreno and accuser(red flag central),the surveillance,the “lost” memo book,fake meal breaks ..the last time they were there(out of 4 trips;3 illegal trips) there were there for an HOUR.that’s insane…it’s all there when you put it together: a failed crime and cover up attempt …no reasonable doubt here…peace

      5. IgnoranteElephante says:


        I still see no evidence of a rape.

        A bruised cervix can be consistent with consensual sex.

        That no one else was there that night assumes that someone raped her, but, again, there is no evidence of rape.

        Moreno’s testimony that he was in bed with a drunk women is an admission to a dereliction of duty and probably official misconduct, but not rape, even if she was naked, although the evidence is she was not naked.

        That she was four times the legal limit is meaningless as the legal limit, .08, applies to operating a motor vehicle, which is not relevant here. It only shows she was very intoxicated, yet still remembers the events of the night. If in fact she was four times over the legal limit, she would be a .32, and would be near death. All this cuts against her ability to perceive and then recount the events of the night.

        When you say lying on the stand, that is impossible to tell as there has yet to be a verdict—Latin for truth. Similarly, it could be that they are telling the truth off the stand, and the cover up you point to was just to avoid getting in trouble at their jobs. Neither you, I , nor anyone else but them know what is the truth. The part that scares me is that a key participant, the purported victim, has no recollection of anything but the fact that she knows she was raped.

        The recording that you refer to as tortuous seems nothing more than serial denials by Moreno until this women who threatens to go and tell his supervisors black mails him into a saying something. That he was afraid of her going in the police station is very consistent with the “cover up” being done to keep him from getting in trouble with his supervisors.

        That they made three trips there and one lasted an hour only proves they were there three times and one time lasted an hour. At this trial, they have not denied that.

        Putting it all together, I do not see any rape.

        As for reasonable doubt,

        By the prosecutions own evidence she is extremely intoxicated.

        There is no DNA evidence. I understand that a condom was alleged to have been used, but they pull DNA off of gun grips. No hair was found, pubic or otherwise.

        The fact that she is suing a deep pocket, the city, for 20 Million. She has every incentive to lie. The law in this state is clear. When a civil suit is brought as a result of a crime, the statute of limitations is tolled. Thus, she did not have to immediately bring it. That she did tells you about what her priorities were.

        Her smug attitude. On the stand, she said she said she was sure Moreno pranked called her parents, and did not care what proof of it there was. She knew, evidence or no evidence, it was him because of his New York accent. Eight million of us have that same accent. Her insistence, even acknowledging she did not care what the evidence bore out, is telling of someone hellbent on having her way.

  26. nyc says:

    Sad for Dumb and Dumber ! Unfortunatly ,they are guilty , toooo much evidence against them. Although, you never know what the jury will come back with.

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