Reports: Grand Jury May Hear Cop Rape Allegation Case

Sources tell Newsday and the NY Times that a grand jury will likely hear the case surrounding allegations that a police officer raped an East Village woman.

The Times reports, "A spokeswoman for the Manhattan district attorney’s office confirmed there was an investigation but declined to comment further," while Newsday says, "Nearly three months after the incident, much about what happened the night of Dec. 7 is murky, with inconsistencies in the story provided by the woman and the two officers involved - Franklin Mata, 26, and Kenneth Moreno, 41." Moreno is accused of raping the woman, while Mata is "suspected of being at the scene." The officers responded to a cab driver's 911 call about a fare being intoxicated and needing help to get home. Surveillance footage from a neighborhood bar show the police visiting the woman's building two more times after escorting her home.

Mata's attorney disputed the Post's report from sources who said Mata confirmed Moreno did rape the woman. Lawyer Edward Mandery said, "My client has not admitted to investigators that his partner raped somebody and he has not admitted he shamefully stood by. He denies committing a crime or participating in a crime. It is our position that a rape is a crime and he did not participate in a crime or see a crime." Mata and Moreno, who were stripped of their guns and badges, remain on the police force, on modified duty.

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.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jen Chung in News on March 5, 2009 12:35 PM

Comments [rss]

Guest

Mata is suspected of "being at the scene"? Is that actually a crime? Shouldn't he be suspected of conspiracy or association? Or just indict him on douchebaggery charges.

handsomedevil

So, anybody know this case is enough for a civilian to get charged outright? Is this going to a grand jury just because the accused are cops? Anyone? Jayclay?

kane

Felonies have to go before a grand jury; so whether Moreno was a civilian or not, if he is charged with rape (a felony) he must go before a GJ.

When a person is arrested the DA's office has a limited amount of time to bring the case before a GJ (6-7 days depending on weekends and holidays). I think one of the reasons these guys have not been arrested is that the DA wants the strongest possible case to bring before the GJ in order to get an indictment. However, if the evidence is what the papers have put forth, any non-braindead GJ can see there is enough evidence for an indictment (an indictment does not mean that they think the suspect is guilty; merely that they feel there is enough evidence that a judge and jury should decide).

jaycjay

Actually, that limit is only in effect if the accused person remains in custody after the initial criminal court arraignment that would immediately follow an arrest. That is, he either can't pay bail or is not offered bail. The limit then is 188 hours (six days) from the arraignment. If that time limit can not be met, the person has to be released but the case still can be brought to the grand jury.