Former Partner Franklin Mata's Sentencing Put Off Until WednesdayBy Tony Aiello

NEW YORK (CBSNewYork) — It was the verdict that shocked the city.

On Monday it was the sentence that shocked the defendant.

The ex-cop acquitted of raping a woman, but convicted of misconduct, was given a year in jail, even though probation recommended he walk free, CBS 2’s Tony Aiello reports.

If former NYPD Officer Kenneth Moreno had any hope of avoiding jail that hope was crushed as soon as Judge Gregory Carro opened his mouth.

“By the tone of the opening remarks it was very obvious the judge felt Moreno should serve time,” said Cathleen Cogswell of the Alliance Against Sexual Assault.

1010 WINS’ Juliet Papa reports: Judges Lashes Out At Moreno

The judge was alternately angry and sarcastic as he gave Moreno a tongue lashing.

“When law enforcement officers commit crimes they rip at the fabric that holds us all together,” Judge Carro said. “You, sir, ripped a gaping hole.”

In May, the jury shocked many when it acquitted Moreno of raping a drunken woman he was dispatched to help. He was convicted of misdemeanor counts — surveillance video showed him returning to the woman’s East Village home three times without authorization.

The 29-year-old fashion executive who accused Moreno of rape sat in the very front row. She maintained her composure until the prosecutor began to speak.

The tears began to flow as Assistant District Attorney Colleen Balbert slammed Moreno, saying “he demonstrated that he has no regard for the law he took an oath to uphold” and brought “… unwarranted discredit to the brave men and women of the NYPD.”

WCBS 880’s Irene Cornell: The Accuser Was In Tears

Moreno’s lawyer, Joseph Tacopina, pointed out repeatedly that the probation report recommended no jail. And early Monday evening a higher court judge signed an order releasing Moreno from Rikers Island.

“I have the order in my hand. We’re going right over to the jail, and he’ll be out until the appeal is decided,” Moreno attorney Chad Siegel said.

So despite the judge’s harsh words Moreno only spent a few hours in jail Monday.

It remains to be seen what will happen to Moreno’s ex-partner and codefendant Franklin Mata when Judge Carro sentences him on Wednesday.

Moreno was to be released after posting $125,000 bail. He’ll be free while challenging the misconduct convictions on appeal.

Do you think the sentence was fair? Sound off below…

Tony Aiello

Comments (48)
  1. DanTe says:

    Maybe he can apply for a job at the FDNY.

  2. TomNJ says:

    I guess he will soon find out exactly how she felt. Waking up with some guy penetrating you.

  3. Alice Rivera says:

    I really believe that theses cops are innocent and how this lady is out to hit the city for big bucks,I really believe she made the story ok and she is a big fat liar a well she is the one who should be put in jail and not the cops ok,

    1. May B says:

      Alice Rivera –We belive you are a ‘nut’,if you had any sense of logic, you could not believe the cops returned three times to her apartment, to reassure themselves that the women was faring well. Why was it necessary for them to ‘call in’ a false report, that would allow the dispatcher to assign the complaint to them–and he couldn’t get enough and came back for more of the free stuff. Why are they being tried for misconduct?? YOU DUMMY.

  4. VokMan Rishad says:

    ha ha ha I hope he gets everything he has coming to him during his jail stay!

  5. sk says:

    we really don’t know what happened! why can’t people accept that maybe this woman made the whole story up? there is no proof that the woman was raped! yes, the police was wrong for not reporting to authorities but again unless ther are witnesses the jury can’t convict them of rape . also poepel don’t realize that you are not even giving the cops are fair shot! some just want them in jail whether they committed the crime or not!

    1. Frederick says:

      sk– the cops admitted that they were in her apartment. Did she make that up? He admitted he was there three times. Did she make that up?You don;t know that she wasn’t raped, do you ? What was the purpose of the cop returning three times to her apartment????

      1. Trina says:

        I agree….
        Since when it is part of a Police Officer’s protocol to check up on any victim/emergency caller on or off the job? Then, you have your partner’s accompany you more than once while ON the job, make up a phony 911 call and everything. WHAT HAPPENS TO A PERSON WHO MAKES A PHONY 911 CALL TO AN ADDRESS? PICK ANY EMERGENCY….FIRE, RAPE, GUN SHOTS FIRED ETC….

  6. peter says:

    we complain of the judicial system of other countries yet ours is just as corrupt and bad here.

  7. peter says:

    i wonder how moreno or mata would feel if what they did to this woman be done to their daughter, wife, sister or mother….filthy pigs.

    1. Kathy says:

      I agree….would they be able to FORGIVE or FORGET? Doubt it….would they blame the victim?? Doubt it….I wonder how they explained their actions to their own families?

    2. Trina says:

      BINGO PETER ! Oh noooooo, their family members are sacred !! smh….not lol !

  8. peter says:

    finally a cop who commits a crime pays for his misdeed…even though he still got off easy. it seems that everytime a nypd police officer commirts a crime he gets off without going to jail. they should be held in the same standard as you me and everyone….no special treatment for them as they too haveto obey and follow the law. that female victim should sue the nypd and the city for damages.

    1. Trina says:

      I agree with how you feel, however, as an officer of the law, someone who has been SWORN in to uphold and protect the public safety to the best of their ability and training, LAW ENFORCEMENT OFFICERS are constantly drilled to the brain that THEY ARE TO REMAIN AND CARRY THEMSELVES IN A PROFESSIONAL MANNER AT ALL TIMES ON AND OFF DUTY ! SO THEY WERE NOT SUPPOSE TO WALK AWAY THAT EASY! LET THAT HAD BEEN A CORRECTION OFFICER……GOD ONLY KNOWS IF THEY’D EVER SEE THE LIGHT OF DAY !!

  9. Rejected sexual advances of law enforcement and was denied employment, legal assistance & safety net assistance! says:

    Basically his sentence saids, “Do some time & please the public so that we can all get back to work.” If the victim had been the mother or child of the police officer, then what would be the sentence??? Rape is Rape ! They (Judicial system) just confirmed and concluded our underground investigation: “There are SEXUAL predators and RAPIST in law enforcement who grossly and BOLDLY abuse their authority.” When the victim(s) report them, they (law enforcement) try to make the victim(s) look like they asked for it; or is promiscuous. They take the smallest things the victim does, and make them sexual. Nobody cares about the victims lifestyle before the rape or how many men with whom she has been intimate, the LAW should ONLY care about the crime of RAPE; that’s the important fact in charging someone with RAPE. It doesn’t matter whether or not she was drunk or dressed in tight or revealing clothing! If those officers RAPED that women then they should be charged with RAPE. If the defendant’s mother was raped, the LAW is not going to expose the number of men with whom his mother was intimate, they are going to ONLY discuss the 24 hours of activity before and after the crime(rape) occurred. These are recorded and noted FACTS of the AMERICAN JUDICIAL system involving law makers, law enforcement, legal representation & gender-based sentencing.

  10. Prospect Avenue says:

    This idiot lost his pension because he got too comfortable on the job. Now he will work for $9-$10 an hour at a security company with no benifits at all.

    1. karlson says:

      He’s a convicted felon. No security company will hire him.

      1. Prospect Ave says:

        Itis a mis demeanor idiot.

  11. fu says:

    CBS news apparently does not monitor its comments but should because of the racist comments I’ve seen above. Disgraceful.

  12. Wilma says:

    God bless you Ken. Keep your head up. This dirtbag lying woman will get the big fish someday

    1. Val says:

      you are a jerk. were you there? The accuser was and so were the accused. anyone that buys their story that she WASN’T RAPED will believe anything. If she couldn’t consent due to being passed out………THAT IS RAPE, STUPID! (God bless you Ken indeed! YOU ARE A DIRTBAG LADY) From one woman to another, you DISGUST ME.

    2. Val says:

      By the way, I just read that your sweet Ken still needs to be tried for HEROIN POSSESSION. Crooked cops are right up there with crooked priests and politicians, the worst of the worst. Yeah, give him the benefit of the doubt, he really deserves it DIRT BAG.

    3. Wilma is a ho bag says:

      Wilma i guess you were raped by them and enjoyed it.It amazes me how people can like these type of people

  13. belltoller says:

    The sentences are unfair. They are based on ethnicity

    1. belltoller love rapist says:

      Your just a idiot.I guess you love rapist

  14. Jimmy says:

    Probably they won’t suffer a bit financially and when they get out will be hired by some other city agency. Possibly the Fire Dept.

    1. Prospect Ave says:

      No $10.00 an hour contract securty company :>

  15. doc says:

    This 2 a ssholes give other good cops a bad name. New Yorkers, 99.99999% of cops are decent, hard working persons like you and me.

    1. Max says:

      I’m afraid you’ve got your percentages backwards… 99.99999% of cops are corrupt, power-hungry, a-holes that would have become criminals or actually are criminals dressed in blue. They are an embarrassment to NYC.

      0.00001% are decent, hardworking people with morals.


        I agree Max.
        One less rat faced sp!c crimminal on the street, who thinks he is impervious
        to the laws. (western voices world news)

      2. Win says:

        I agree the NYPD lowered there standards and let on tons of black criminals.

  16. Ray Smelly says:

    A corrupot judge covers for corrupt rapist cops. What else is new in ray kellys corrupt criminal cops NYC?

  17. D says:

    May these two animals suffer the most brutal of violations on each and every day of this prison sentence. Rot in hell!

  18. slap of the hand only? says:

    Had it been two civilians the punishment would have been 30 years in jail not one year as he has gotten. Talk about getting away with crime, a slap of the hand!

    1. Trina says:

      NYC Police has gone completely to the s*%*$…!!!!! The one set of force that we depend on because we’re told NOT to take the “law into OUR own hands”.
      We have to stop and think now as in time of an emergency (concerning a female who may need law enforcement’s immediate intervention) and MALE police officers respond, it’s has now come down to questioning whether or not the male Police Officer can be trusted to help us, and not harm us. (OR COME BACK TO HARM US). This is too SAD and Pathetic.

  19. D says:

    Hey genius. members of the jury said they knew the cops did it…but the Prosecutors bungled the case. Sorry you hate women.

    1. tom hates woman says:

      Tom your wife or gf must be so proud of you I hope and pray you will never have daughters you dirtbag

  20. keith says:

    hey boot stuffer you were not there don’t let your police lover issues get the best of you maybe you the one who should root away.police do things to people and they get away with it so you should keep your mouth shut like I say you were not there,this can happend to you one day.

    1. Tom says:

      Hey Kieth you were there?? then maybe you should keep your anti-cop MOUTH SHUT, your just a anti-cop idiot who didn’t look at the facts of the case,

    2. sam I am says:

      where did you learn to write and spell?

  21. Donna says:

    Guess they’ll think next time before they accept an offer from a ho-bag skank!

    1. D says:

      You mean the “ho-bag skank” that numerous members of the jury said they believed was raped by these animals but the prosecutors bungled the case?

      You are not a very nice person.

    2. Donna likes guys who treat woman like trash says:

      Donna i guess it takes a ho bag skank to know a ho bag skank you must get that from your mother.

  22. LUIS MONSANTO says:


  23. CJ says:

    These dirt-bags who think that because they have a badge makes them above the law need to be sent to prison and place in general lock-up where the other prisoners are aware that they are rapist cops. Then they will get what they deserve.

  24. they rape people says:

    THere families have to be proud to have these rapist.These 2 idiots should be taunted every day and we should never forget the pigs and dirtbags they are.

    1. 2 rapist walked free says:

      Yes there families should move out of usa keep the trash out

  25. Nick says:

    They got the Casey Anthony jury verdict. To bad.

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