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East Village "Rape Cop" Trial Testimony Turns Towards Window Treatments


By

Jen Chung

Published Apr 9, 2011

Modified Sep 9, 2011


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By

Jen Chung

Published Apr 9, 2011

Modified Sep 9, 2011


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A friend and neighbor of an East Village woman who claims that two police officers raped her testified yesterday, saying that the alleged victim's windows' blinds and curtain were shut, which was "very unusual." Megan O'Leary explained that the blinds in the kitchen window, which could be seen from a window in the stairwell, "were always open so we could see each other in passing," but when she saw her friend after the alleged rape, "the blinds were drawn and shut." Also, her living room window curtains were closed, and they were usually tied back.

Police officers Kenneth Moreno and Franklin Mata are accused of raping the woman on December 7, 2008 after a cab driver called 911 to report an intoxicated passenger. Moreno, who allegedly raped the woman, and Mata, who is accused of acting as a lookout, were seen visited the woman's East VIllage apartment repeatedly over the course of a few hours. At one point, they even allegedly faked 911 call so they could remain in the area.

The accuser had been celebrating a job promotion at Southpaw in Brooklyn when she apparently became very intoxicated. While O'Leary testified the alleged victim didn't seem that intoxicated during the evening (another friend said the accuser was stumbling there), she admitted she lost track of her friend and only saw her the next morning. According to DNAinfo, O'Leary said her friend was "very upset" and said she had been raped, saying, "I can't believe this happened... I can't believe they did that."

The accuser is scheduled to testify on Monday, and the defense is seizing upon surveillance video showing her walk into her apartment building—with the cops following—without any assistance to show she wasn't that intoxicated. Moreno's lawyer Joseph Tacopino, who has previously said his client only kissed her shoulder, told WCBS 2, "Thank God for that videotape... If we didn’t have that video, you would get the impression that she’s being dragged into the building unconscious. And, uh, you know: picture says a thousand words I think I’ve heard before.” Moreno admitted on a recording the accuser made (for the Manhattan DA's office) that he wore a condom during their encounter (Tacopino has claimed he only said that so she wouldn't make a scene) and also offered to be her boyfriend if she stopped drinking.

The accuser did vomit twice during the cab ride from Brooklyn, and someone who saw her in the apartment building with the cops said that she appeared intoxicated, though she was able to climb the stairs by herself.

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

blinds

curtains

east village

franklin mata

kenneth moreno

rape

rape accusation

rape cop

rape cop trial

testimony


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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