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"Rape Cop" Jurors: Moreno Definitely Raped Her, But "CSI Effect" Saved Him
By
John Del Signore
Published Jun 6, 2011
Modified Sep 9, 2011
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By
John Del Signore
Published Jun 6, 2011
Modified Sep 9, 2011
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A lack of DNA evidence seems to have been the deciding factor for jurors in the trial of two NYPD officers accused a raping a young woman in her East Village apartment in 2008. DNAinfo tracked down two women who served on the jury, and their comments definitely won't send you flying into a teeth-gnashing, window-smashing rage (assuming you're heavily sedated). "In my heart of hearts, I believe her that the officers did it," juror Melinda Hernandez says. Not to be outdone, another female juror says she's certain they were guilty.
"[Kenneth Moreno] raped her," the unidentified female juror tells DNAinfo. "There is no doubt in my mind." But never mind that whole "beyond a reasonable doubt" business, today's modern jury demands DNA. As juror John Finck, 57, explains, "We were strictly bound by the judge's instruction that there must be evidence beyond a reasonable doubt in order to convict the defendants of the major charges of the case."
That does NOT mean there needs to be DNA evidence, but as one legal expert told the Post after the verdict was announced, "CSI has made things difficult, there's no law saying that 'beyond a reasonable doubt' means we show you DNA. It means 'evidence that points to a moral certainty that is beyond dispute.'" "My heart breaks for her. I think the system failed her terribly," says Hernandez, the juror who played a crucial role in the system that acquitted the cops.
And if there's not enough bile rising up in your throat, don't miss the Post's profile on defense lawyer Joe Tacopina, the $750-an-hour attorney who won former Officer Kenneth Moreno's acquittal. The tabloid describes him as perhaps "the most hated lawyer in New York"—or as one colleague puts it, "He's slick, he's got a big ego, and he'll represent any scumbag." Or rather, he'll represent any gentleman who doesn't kiss and tell and really loves his girlfriend.
Speaking of gentleman callers, there's still a chance Moreno and his partner Franklin Mata could do time; multiple sources tell DNAinfo they expect the judge to "throw the book at them" over the official misconduct charges. They suspect Judge Gregory Carro is displeased with Moreno and his wife's disparaging comments about the accuser. As one lawyer puts it, "When you get a verdict like that you should keep your mouth shut and run from the courthouse. He may have done himself in... through his poor decision-making."
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
csi effect
juries
kenneth moreno
rape cop trial
rape cops
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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