Juror No. 8 Tells CBS 2's Derricke Dennis Why Verdict Was What It Was

NEW YORK (CBS 2) — Call them confessions from behind closed doors.

We’re finally hearing the answer to that question New Yorkers have been asking for months: how did 12 people acquit a pair of NYPD cops of rape?

In a CBS 2 exclusive, juror No. 8, took reporter Derricke Dennis inside the deliberations.

“We all felt they were guilty, but couldn’t prove it. I wanted to tell a much fuller story,” the juror said.

Juror No. 8 in the rape trial of two cops was New York freelance writer Patrick Kirkland. He has authored the first written account of every behind-the-scenes, twist and turn in the case.

“How did we get there, what were we thinking, what actually happened,” Kirkland said.

His e-book called “Confessions of a Rape Cop Juror” has just been released, and said despite public outcry against officers Kenneth Moreno and Franklin Mata, nine of the 12 jurors put aside their personal beliefs and pegged them as not guilty from the start.

Kenneth Moreno and Franklin Mata on May 26, 2011 (credit: CBS 2)

“I think it was the right vote,” Kirkland said.

The 70-page e-book goes into detail over the most controversial parts of the case, including surveillance video showing the officers going in and out of the woman’s apartment.

“I think for a lot of jury members it didn’t sit well. I mean it was very… the officers either way should not be going back inside an apartment over and over again,” Kirkland said.

There was the taped confrontation and confession between Moreno and the accuser, in which she got him to say twice on a wire that he penetrated her.

“I also tried to count the number of times that he denied it, and it ended up being somewhere between 25 and 30 times of denying it,” Kirkland said.

Add to that the lack of DNA evidence and the woman’s limited memory, and Kirkland says there was enough reasonable doubt for a not guilty verdict.

“I can sleep at night,” Kirkland said. “If they’re guilty, there’s really only one person in the world that knows it.”

Moreno, he said, though a meeting between the two after the verdict, led to a hug.

“The arms tightened, and then the high-pitched, soft spoken voice I had recognized from the witness stand whispered, ‘Thank you,'” Kirkland said, reading from his book.

It is one excerpt from a book that still questions whether they were guilty or not.

“In reality, there’s just no way to know,” Kirkland said.

Kirkland’s e-book is selling for $1.99, but he said that money is going to the publisher. He got a flat fee as a freelancer. He said he just wanted to tell the story.

Please offer your thoughts in the comments section below.

Comments (9)
  1. Patrick says:

    Thanks for the piece. That first sentence is not exactly what I said. After being asked if we all thought they were guilty but couldn’t prove it, I replied, “To say if we all thought they were guilty but couldn’t prove it– I wanted to tell a much fuller story than that.” I also can’t speak for the other jurors. The book adds another voice to the conversation, and tells what I believe is a fascinating story of what happens behind the closed doors of the jury room and how we got to that verdict.

  2. Kevante says:

    I am a plumber. I met a girl at a bar. She was drunk, as I was. I escorted her home. The next day she cried rape, though I insisted we just had sloppy drunken, yet very consensual sex. No charges were filed. She apparently is a person who forgets EVERYTHING from when she is drunk. Thank God I am not a cop, or I would have been subject to all this sensationalized media attention, and my life ruined. I must state, that these cops were wrong to be involved with this woman in that way…they violated trust….but what when on in that apartment as far as consent or unconsciousness will never be truly known but by three persons. That is why our nation presumes innocence first. Good riddance to these guys they don’t belong on the force.

  3. Cos says:

    I have lived in NYC for over 39 years… I’ve never seen officers go anywhere more than once if no one has called in a complaint. It is obvious that they were doing something they shouldn’t have been doing. One of the officers actually admitted to it on a taped conversation with her… How much more proof do you need that something happened? Not enough DNA evidence…? These were police officers… The most elusive criminals are usually the ones that know the law. I’m sure that evidence was removed – thus the multiple visits. What this story tells everyone is that if a women becomes too drunk, she can be raped without consequence… This is not to say that all police officers are bad… There are some really good officers out there. But if I had to fear any criminal, it be the one who used to be a cop.

  4. Joe D says:

    I hope these two losers are flat broke and will never hold down another job again. Life in a homeless shelter would be justices. Seems like if you want to be a cop, you just applied.

  5. Judy N says:

    As someone who sat through almost the entire trial as an observer and thus heard all the evidence that the jury did, I am still in shock that they came back with not guilty verdicts and have concluded that they were chosen for their lack of abiltiy to reason analytically. The fact that then Officer Moreno repeatedly denied to the accuser on tape that he had done it meant nothing -that is what a guilty person is expected to do. And yet he had some modicum of decency and so he let the victim know that he had used a condom – thereby offering her the comfort that she would not contract AIDS.

    And if the public had heard in person, as I did, all the testimony, I am sure they too would have convicted the two of them on rape. Just hearing Moreno on the stand, who admitted that he was a liar by making the false 911 call was enough to convince me that he was guilty. His story about singing a Bon Jovi song was ludicrous as was his reason for being in her bedroom in the first place – that he killed a cockroach in the bathroom, starttled her so that he accidentlallly spilled water on her and then went in to the bedroom make sure she wasn’t angry with him. Come on!

    And what woman, who has been vomiting all night, is filrtatious with anybody? All anybody wants to do in that state is sleep!

  6. E says:

    The accusor should be prosecuted now for her b.s. story.

  7. Truth says:

    All idiots. Of course the jurors book would sell better if it was a nonguilty verdict.

    1. Reality says:

      yeah, because after giving months of your life to serve your city & civic duty, the jurors are thinking of a potential book deal ahead of justice. The entire population of NYC is staring at you and you’re telling me these people are thinking of non-existent book deals? What cynical world do you live in?

  8. macullough says:

    That is the stupidest reasoning I’ve ever heard. It is beyond a reasonable doubt, not an absolute doubt. The story the cops told was unbelievable. They were accused of rape. If they didn’t do the obviously false account they testified to, what were they doing? If your accused of rape, and not guilty, you’re going to tell the truth no matter how embarrassing. These guys were lying and the jury should be ashamed of themselves. How can you sleep at night if you know, beyond a reasonable doubt they’re guilty? I can’t say for sure that the sun will be shining tomorrow, but I’m pretty confident it will.

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