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Courtroom sketch of Franklin Mata (left) and Kenneth Moreno
A cab driver who had driven the 27-year-old woman home called 911 after she passed out in her cab around 1 a.m. on December 7th; the Daily News reports that she had a blood-alcohol level between 0.20% and 0.33%, or more than 2-1/2 times the legal driving limit. After escorting her into her apartment, Moreno and his partner, 27-year-old Franklin Mata, were caught on surveillance video returning twice, and prosecutors say that it was during the second visit that Moreno raped her, while Mata assisted by acting as a lookout.
In court yesterday Mata's lawyer argued that his client should not be charged simply for being present, and according to Newsday, he contended that "the victim is saying, 'I was so drunk I didn't know what happened.'" But Assistant DA Randolph Clarke told the judge, "The complainant does have a memory of being sexually assaulted and remembers them in her apartment."
And the Times reports that prosecutors have a recording of a 14-second telephone conversation between Moreno and the woman on Dec. 15th, and another recording of a 23-minute conversation they had in front of the Ninth Precinct in the East Village two days later. The full content of their conversations is not yet known, but Clarke said that Moreno was caught on tape telling the victim that he used a condom. No DNA has yet linked either officer to the crime scene, and Moreno has provided a DNA sample.
Appearing with Morgenthau at a press conference yesterday, commissioner Kelly told reporters, "The allegations are so egregious here that its imperative that I speak out. This is a shocking aberration in stark contrast to the good work that the members of the New York City Police Department do every day. It's simply outrageous that police are summoned to help and are alleged to have taken advantage [of a woman]." But the Post notes that Kelly apparently knew of the allegations months before they became public, and placed the pair on modified duty instead of suspending them, even after heroin was found in the Moreno's locker. Both cops posted $175,000 bail and were released after being charged with rape, burglary and official misconduct.
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Guh, this is going to get uglier.
any pics of the victim?
Why does that matter?
In court yesterday Mata's lawyer argued that his client should not be charged simply for being present
It's not a crime if you only watched a rape and not actually participated in it! Fantastic logic.
I hope they both get a lot of years behind bars.
Swine flu. Can't trust pigs.
LOL!
Hope they have some of those condoms left for bubba to use on them in their new home in cell block D.
Maybe we need to have more severe penalties for cops that not only break laws but use the cop code of silence to subvert investigations. If a cop killer gets a more severe penalty b/c the victim was a cop then cops should be subject to more severe penalties for breaking the laws they have been sworn to uphold. Most cops are fine but the message has to be sent to the public that abberations like these two idiots will be not be tolerated and punished harshly.
Whenever stories like this break, I find *some* comfort - the little I can - in the fact that any human being with any bit of a soul deep down in them will have to live the rest of their lives in shame and guilt (regardless of the legal outcome). Unfortunately, these pigs - in every sense - don't appear to have that little light deep down.
Cops are around to clean up the streets but it seems like the best idea for cleaning up the streets nowadays is to have all the cops stay at home.
how are bad cops treated in prison? like returning heroes right?
i think it's called pig-on-a-stick.
how are bad cops treated in prison? like returning heroes right?
why anyone woman drinking more than 2-1/2 times the legal driving limit in a city like NYC is bewildering to me
I hope that 23-minute conversation doesn't come back to haunt this poor girl. What on earth would compel her to speak to her assaulter for that long, unless there was another angle here that we haven't been informed of.
Something like that is all that a PBA lawyer needs to say that they were "breaking up", the sex was consensual, and the rape charge is just the act of a woman scorned.
Here's hoping I've just watched too many episodes of L&O and that this guys gets thrown in jail for a good long time.
"I hope that 23-minute conversation doesn't come back to haunt this poor girl. What on earth would compel her to speak to her assaulter for that long, unless there was another angle here that we haven't been informed of."
Since it's the prosecution that is presenting the taped conversations, I'd assume that they strengthen the case against the defendants. And I'd guess that it was the prosecution that "compelled" her to have the conversations, and to tape them.
Here's a novel idea I'm working on:
Exploding Vaginal Dye Packets.
Similar to the ones banks usually hide between stacks of cash when they're robbed, my packets could be hidden inside a woman's vagina and will explode if the carrier is forcibly penetrated (aka raped) making it easy to identify the fleeing perpetrator afterwards by simply checking his Johnson.
Now available in three convenient sizes; small, medium and Oh My God.
I think you have to flesh that idea out quite a bit to get a novel out of it. A short story, maybe.