NEW YORK (CBSNewYork/AP) — A former New York City police officer was sentenced to two months in jail on a misconduct conviction Wednesday after he and his partner were acquitted of raping a woman they were summoned to help.

WCBS 880’s Irene Cornell: Mata’s Voice Quavered When He Spoke To The Judge

Franklin Mata also was sentenced Wednesday to three years’ probation. However, the sentence is stayed until Sept. 12 while he appeals.

“He endured a two month trial, months of media attention, being plastered all over the paper as a ‘rape cop’ knowing he didn’t commit a rape or participate in a rape,” said defense attorney Edward Mandery.

Inside the courtroom, Mata sobbed to the judge, begging for leniency.

“I have lost my job, my name and I’ve lost respect from the people of New York City,” said Mata, his voice so shaky with emotion that his words were sometimes indistinguishable. “I  have learned from this experience, sir. I ask that you hear me and understand that I never meant for anybody to get hurt that night.”

1010 WINS’ Juliet Papa reports: A Tearful Apology

State Supreme Court Justice Gregory Carro blamed Mata for not stopping his ex-partner, saying “you knew his intentions were morally bankrupt.” The judge also allowed Mata to walk free until September 12 so that his attorney can see if a superior judge will take the appeal case.

“I think he was fair to my client,” said Mandery.

Ex-partner Kenneth Moreno was sentenced Monday to a year in jail. He also is free during a planned appeal.

In December 2008, Moreno and Mata went three times into the East Village apartment of a drunk 29-year-old fashion executive.

She accused Moreno of rape and Mata of acting as his partner’s lookout.

Mata testified he slept on the 29-year-old fashion executive’s couch while Moreno said he only cuddled with her. A jury exonerated Moreno of rape, but convicted him of official misconduct. He was immediately fired from the NYPD by Police Commissioner Ray Kelly.

Carro said he didn’t see Mata’s participation in the crime as equivalent to Moreno’s. Their misdemeanor misconduct convictions were for repeatedly returning to the accuser’s apartment while telling dispatchers they were elsewhere.

Carro was emphatic when sentencing Moreno Monday. “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.”

The woman who accused Moreno of rape flew in from California and sat in the front row. She maintained her composure until the prosecutor began to speak at Moreno’s sentencing.

“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.

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.

“He was facing 50 years he got nine months and we’re going to get that overturned so we feel pretty good,” said defense attorney Joseph Tacopina.

What do you think? Sound off in our comments section below…

Comments (14)
  1. NoOneYouKnow says:

    The Village Voice reported that there was another case of unprofessional and brutally misogynistic behavior by Mata and Moreno while on duty that was made a formal complaint, but the prosecutors didn’t bring it up during the trial. Now why might lawyers who work for the City of New York try to sandbag a case involving cops who work for the City of New York, with the assistance of a judge who works for the City of New York, all of whom would stand to suffer from the notoriously vengeful NYPD if two of theirs were convicted? Hmmm….

  2. JOSH SUCKS says:


    1. lydiass says:

      Hopefully he gets brutalized on every single one of those 60 days.I am a 26 years old nurse, young and beautiful. Now I am seeking an older gentle man who can give me real love , so i got a username Annababe2011 on—a’ge’l’es’s’da’te. C óM—it is the first and best club for y’ounger women and older men, or older women and younger men,to int’eract with each other. Maybe you wanna ch’eck it out or tell your friends.

  3. Peter says:

    do your time and get on with your life McDonalds is hiring!!!!

  4. Wilma says:

    The only person that should be doing time is the low life woman who lied about being raped

    1. NoOneYouKnow says:

      Cop much? Or just friendly to rapists?

  5. DanTe says:

    Maybe he can apply for a job at the FDNY.

    1. Boot stuffer says:

      Haha the fdny losers will take him

  6. NOT FAIR says:

    POs always get away from severe punishment but not normal regular everyday people….

    They should have both been placed immediately under arrest and jailed for at least 5 years. period…send the force a message of zero tolerance….they should know better they are police officers entrusted with peoples lives…….

  7. bday55 says:

    How stupid can these 2 be? Cuddling? while your ON DUTY? These guys should do time and be neutered so they can’t reproduce.

  8. Bell Toller says:

    the sentence aint fair

  9. Schmellma Arss says:

    So he is found to be “Not Guilty”, but gets punished anyway. The proverbial “pound of flesh” required by all bogus governmental sand castles.

  10. D says:

    Hopefully he gets brutalized on every single one of those 60 days.

  11. PIG Slaughterer says:

    no comment…. OINK OINK

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