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NYPD Officer: Fake 911 Caller Sure Sounds Like Alleged Rape Cop


By

John Del Signore

Published May 3, 2011

Modified Sep 9, 2011


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By

John Del Signore

Published May 3, 2011

Modified Sep 9, 2011


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Yesterday's testimony in the seemingly interminable "rape cop" trial came from NYPD Lt. Herman Arevalo, who worked in the 9th Precinct with accused Officers Kenneth Moreno and Franklin Mata. Moreno allegedly raped an unidentified woman in her East Village apartment while she was passed out drunk; prosecutors say that after helping her home, Moreno placed a fake 911 call from a payphone so that he and his partner could get sent back to the area. The call, which you can listen to here, came from a man who identified himself as a Canadian named John Edwards, who told a 911 operator there was a homeless man sleeping in his lobby and he wanted police to clear him out.

After listening to the call, Lt. Arevalo told the jury, "It sounds like Officer Moreno, but I can't be sure." Prosecutors homed in on what they say is a dead giveaway that "John Edwards" was actually Moreno: he refers to the homeless man as a "male white." Arevalo testified that the phrasing is classic cop jargon used in radio calls and police reports, explaining, "It's usually one police officers use to describe a person."

But the defense may have cast doubt on Arevalo's ability to identify Moreno's voice; on the night of the alleged rape, he reportedly mistook Mata's voice for Moreno when the cop called dispatch to claim the homeless person detail. Under cross-examination, Arevalo admitted he was wrong when he told prosecutors it was Mata's voice on the radio, the Daily News reports.

Additional testimony yesterday came from an NYPD toxicology expert who said that considering how much alcohol the woman consumed (the equivalent of 15 drinks) it's possible that she was drifting in and out of consciousness and unable to move as she was raped, as she claims. Under cross-examination, he also conceded that it's possible the woman could "walk and talk" but not remember anything else. Moreno and Mata's lawyers are trying to establish not only that the woman's memory is unreliable, but that she wasn't so drunk she was unable to consent to sex (or say no if she had wanted to).

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

east village

franklin mata

kenneth moreno

nypd

rap cop


John Del Signore

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Originally from the Albany area, John Del Signore has called NYC home since 1995. In addition to his thousands of meticulously-crafted bespoke blog posts for Gothamist, his writing has also been published in The Awl, Deadspin, The Nervous Breakdown, and performed at The Brick Theater in Brooklyn.

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Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


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