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Sentencing Postponed In "Rape Cop" Case, For HBO
By
John Del Signore
Published Jun 28, 2011
Modified Sep 9, 2011
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By
John Del Signore
Published Jun 28, 2011
Modified Sep 9, 2011
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The two former cops convicted of misdemeanor official misconduct but acquitted of felony rape charges were supposed to have been sentenced today, but sentencing has been postponed so lawyers can watch outtakes from an HBO documentary. Officer Kenneth Moreno was accused of raping a drunken young woman in her East Village apartment in 2008 while his partner Franklin Mata stood watch. They were acquitted of the most serious charges, but could face up to two years in prison for repeatedly returning to the woman's apartment while they were on duty, and trying to cover it up.
Defense attorneys have requested a delay so they can review material from an HBO documentary about the Manhattan DA's sex crimes unit. No footage related to the sensational "rape cop" case was included in the final documentary, but lawyers for the cops want time to watch footage that was edited out. A source tells the Times that if the footage "contains statements made by witnesses in the case, or by prosecutors or investigators talking about what witnesses said... then the defense might be able to claim that the district attorney should have turned it over before or during the trial."
A spokesperson for the Manhattan DA wouldn't comment, but another source assures the Times the footage "does not contain material that will raise issues with the verdict." It's unclear how long the sentencing will be postponed while defense attorneys watch the HBO excerpts, but if they're dipping into The Wire, we could be in for a long wait.
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.
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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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