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"Rape Cop" Lawyers Seek To Silence Victim At Sentencing
By
Christopher Robbins
Published Jun 29, 2011
Modified Sep 9, 2011
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By
Christopher Robbins
Published Jun 29, 2011
Modified Sep 9, 2011
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In addition to watching HBO footage of a documentary on the Manhattan DA's sex crimes unit for evidence that should have been turned over at trial, attorneys for the two former NYPD officers accused of raping an East Village woman are arguing that their accuser should not be able to speak at the cops' sentencing on August 8. "She is not a victim on any count of conviction," Joseph Tacopina told the Times, "She's had her day. She's spoken before the jury." Tacopina refers to the charges of "official misconduct" that they were convicted of, and because she is not a "victim" of the charge, should not be able to make a victim impact statement.
Kenneth Moreno and Franklin Mata were acquitted of rape last month after a lengthy trial, and jurors have since come forth saying that they probably did commit rape, but the DA's office somehow fell short of proving it. For better or worse, victim impact statements have been an effective means of influencing sentencing [pdf], which is why the defense team is trying to quash it.
In addition to asking the judge to forbid the accuser of speaking at the sentencing, lawyers for the men also requested that the charges against their clients be tossed out, because "for a person to be guilty of official misconduct, that person must both commit an unauthorized act and do so to obtain a benefit." Being present in the woman's apartment was the "unauthorized act," but because the men were acquitted of rape, their counsel argues that there was no benefit, therefore no crime. The accuser released a statement after the verdict was handed down, saying "public opinion will be the ultimate verdict," and her $57 million dollar suit against the city is still pending.
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
franklin mata
kenneth moreno
nypd
rape
rape cop trial
rape cops
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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