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Cops Accused Of Raping Drunk E. Village Woman Still Get Paid
By
Jen Chung
Published Feb 20, 2011
Modified Sep 9, 2011
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By
Jen Chung
Published Feb 20, 2011
Modified Sep 9, 2011
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The two police officers are about to go trial for rape, burglary and official misconduct for allegedly raping a drunk East Village woman in her apartment. Now, the Post reports that not only are the pair still on NYPD payroll, but there's apparently a tape of one of the cops apologizing to victim for "getting really crazy." An ex-prosecutor says, "He tries to deny they had sex, but eventually he admits to it... He says, 'It wasn't done intentionally. I didn't mean to hurt you. I just got caught up. I'm sorry.'"
In March of 2009, it was revealed that Kenneth Moreno and Franklin Mata were stripped of their badges and guns and placed on modified duty after a woman accused Moreno of raping her in her East Village apartment in December 2008. The two cops were dispatched by 911 after a taxi driver had called to say his fare vomited his cab and didn't have any money. A surveillance video showed the cops helping her inside her apartment and leaving at 1:10 a.m.—but then they returned almost an hour later, staying for about 20 minutes, and then at 3 a.m., the cops return again, staying for 34 minutes.
In order to be in the area for the third visit, Moreno and Mata allegedly called 911 and claimed a homeless man was in front of a building near the victim's apartment, knowing that they would be dispatched to the neighborhood. The next morning, the woman told her friends that she was raped and later sought medical attention at Beth-Israel and contacted the Manhattan DA's office. Local bar owner Heather Millstone, who turned over her surveillance footage to the cops, says the victim told her, "I've been raped. It was the police."
The Post printed a transcript of the secretly taped conversation between the victim and Moreno, who is married with two kids, which investigators orchestrated outside the Ninth Precinct:
Woman: “I woke up and you guys were taking advantage of me.”
Moreno: “Nobody took advantage of you.”
Woman: “You were having sex with me. I was violated.”
Moreno: “No you weren’t — nothing happened.”
Woman: “You’re lying.”
Moreno: “OK. It turned from us trying to help you to getting really crazy.”
Moreno: “What do you remember?”
Woman: “I remember getting up the stairs and waking up on the bathrooom floor. The next thing I know, I’m in my bed, you’re taking off my clothes and having sex with me.”
Moreno: “OK”
WomAn: “OK?”
Moreno: “It wasn’t done intentionally. I didn’t mean to hurt you. I just got caught up. I’m sorry.”
Woman: “I need to know if I’m OK. Did you wear a condom — yes or no?”
Moreno: “Yes, I did. You don’t have to worry about any diseases or getting pregnant.”
Woman: “Was it only you?”
Moreno: “It was only me.”
Moreno: “If you stop drinking, I’ll be your boyfriend. I’m not a bad man. I’m a good friend to have.”
Moreno and Mata also accused of stealing the victim's Blackberry and making threatening calls to her mother and brother to keep her quiet. The pair are expected to argue that the sex was consensual, so the definition of rape while intoxicated will be brought up during the trial. It was previously reported that Mata admitted that Moreno raped the woman and that he acted as a lookout in order for a plea deal, which never emerged.
Moreno and Mata pleaded not guilty to charges and are out on $175,000 bond. It's believed they will claim the sex was consensual. They continue to collect their salaries—$150,000/year for Moreno and $110,000/year for Mata—but do not work. They simply check into One Police Plaza each day.
Update (9/9/11): Gothamist has published a long-form feature about the Rape Cop case, written by one of the jurors. It takes you behind the scenes during their deliberations, and explains how they came to their controversial verdict. Buy it today as a PDF or on Kindle.
Tagged
cops
drunk
east village
franklin mata
kenneth moreno
nypd
rape
Jen Chung
Jen Chung is a former WNYC and Gothamist editor.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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