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"Rape Cop" Lawyer: Accuser Is A Lying Gold Digger
By
John Del Signore
Published May 17, 2011
Modified Sep 9, 2011
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By
John Del Signore
Published May 17, 2011
Modified Sep 9, 2011
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The defense rested its case yesterday in the trial of two NYPD officers accused of participating in the rape of a drunken young woman after helping her into her East Village apartment in December 2008. In delivering his closing arguments to the jury, the lawyer for alleged lookout Officer Franklin Mata portrayed the accuser as a gold-digging inebriate who shouldn't be trusted. "There are more holes in this case than a slice of Swiss cheese," attorney Edward Mandery told the jury. "Don’t fault my client because she drank so much alcohol that night she can’t remember her own actions." As for her motives, Mandery advised his client's peers to follow the money.
The still-unidentified woman has filed a $57 million civil lawsuit against the city, and yesterday Mandery asked, "What are the reasons why? I’d count them out, but it would take me 57 million moments." We imagine the jury, which has been hearing testimony for almost two months, was relieved he didn't show off his counting skills. "By bringing these allegations, she thinks she'll never have to work another day in her life," Mandery added. "Fifty-seven million dollars is a heck of a lot of money."
But what about the audio surveillance tape that features Moreno repeatedly telling the accuser he used a condom and that he was the only one who raped her? "I call that a set-up tape," Mandery declared. And why did his client keep his three unauthorized return visits to the woman's apartment a secret? As Mandery puts it, "If any of us violate our job duties on the job that doesn't mean that we committed a crime. All of a sudden, he's on meal break and he turns into a monster? He goes back there because he thinks they're going to check on her." It just doesn't pay to try to help people these days.
Finally, Mandery reminded the jury that despite what Officer Kenneth Moreno said about how he doesn't "kiss and tell," no one was raped that night. Mata, at any rate, was just along for the ride. "He's a separate human being, he's a separate person and when you discuss him I'm asking you to discuss him separately," Mandery told the jury. Speaking to reporters outside the courtroom, Mandery clung to the nap defense: "My client was asleep on the couch. So, you know, I think it is an important distinction that has to be highlighted."
On Friday, Moreno's lawyer delivered his closing arguments, telling the jury, "He's maybe a bit of a simpleton—you heard him testify. But didn't he come away as honest, and a nice human being?" Both officers face up to 25 years in prison if convicted; the jury will begin deliberations tomorrow after the prosecution rests its case.
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
rape accusation
rape cop
rape cop trial
John Del Signore
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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