NYPD Officers Accused Of Rape Found Not Guilty

Officer Kenneth Moreno (left) and Franklin Mata (AP/Louis Lanzano)

A jury has found Officers Kenneth Moreno and Franklin Mata NOT GUILTY of rape after six days of deliberation. Both officers were charged with rape felonies; prosecutors alleged that Moreno raped the unidentified woman while Mata stood watch. The jury also acquitted the officers of burglary (for taking her keys), criminal facilitation, and falsifying records. The verdict was announced at 11 a.m., and the Times reports that the jury did convict both officers of official misconduct for entering the woman’s apartment, "but found them not guilty of all other charges, including burglary and falsifying business records."

Moreno and Mata face up to a year in prison for the criminal misconduct rap, which stems from them not calling an ambulance for the woman. The decision comes after more than two years of sensational media coverage that proved shocking even to New Yorkers accustomed to NYPD scandal. But more is yet to come; the accuser still has a $57 million lawsuit pending against the city.

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 John Del Signore in News on May 26, 2011 1:00 PM

Comments [rss]

SP4Life

. If you LOOK at Both of these guys...you can SEE they ARE Guilty. Conviction is a different story. Very hard to convict NYPD...ask SEAN BELL, ask anyone in Bed-Stuy. Ask Eleanor bumpers, Howard Beach etc.
The guy in the righ photo is a classic soico-path--PUNK. The rapist on the left is definitely the more interesting and intelligent. He knew what he was doing, he also knew the odds of conviction were slight. He played the odds and won. That's what you get after 8 years of a gestapo era- Guiliani and complete corruption Bernie Kerak run police force. Truth doesn't count...good lawyers and payoffs DO.

Guest

Kelly is actually worse than Kerik if you can believe that. Kelly's ego has interfered with important investigations by the FBI (who are no geniuses either), and he does not want to discipline his goon squad. Bill Bratton, the best comissioner we've had was the one to start the broken windows policy under Dinkins. Kelly and Kerik were/are all show and fluff without any substance to back them up.

SP4Life

I probably AGREE with your comment above about Kelly. H has not been convicted..yet, so I didn't bring him up, But the corruption and arrogance, is depressing and wrong. We know what it led to in LA. Our "self-elected" Mayor for what is essentially an ILLEGAL third term only adds to the corruption.I am not surprised by the verdict and if there is the conviction rate against corrupt NYPD is low so the ones who can be easily corrupted..WILL be corrupted. Sad.

Guest

I agree wholeheartedly.

Kimberley Truelove

The only thing these cops are guilty of is misconduct while on duty. Since when is it a crime to bang a chick? A flirtatious, drunken chick with an affinity for sleeping around (Semen from 7 different dudes on her bed sheets? If that's not the epitome of skank, then I don't know what is.) accuses some dude with a hidden tape recorder and gets a half assed "whatever you say" confession, after a million denials, and people feel sympathy for her? If she was raped, she would have gone and gotten a rape kit. Now she wants a big payday from the taxpayers because she can't keep her legs closed? I don't think so.

Guest

I think that you are a male MOS.

vprima

DNA from **three*** other men and on the **mattress**, you doorknob. During the lifetime of a mattress, it is entirely possible for a women to have sex with three different men.

Your mattress probably contains at least three times as many different DNA samples, and that's not counting the santorum.

S.D.

You're insulting doorknobs.

Kimberley Truelove

I don't bring a bunch of random dudes home from bars and bang them, thanks. Also, I don't have sex on a bare mattress. Like wtf?

banksy

How do you know the semen came from random dudes from bars? And who said anything about sex on a bare mattress?

Yvette Cardona Maiello

How sad and disturbing. Once again proving to women across America: it's still a man's world, If we step out of line leaving us vulnerable, men can and will take advantage.
and when its all said and done: they'll even call us names. @ @facebook-1507488208:disqus wishing you daughters who date men with your mentality.

Kiki Valentine

Good luck to the victim trying to get $57 million out of the city without a felony rape conviction. Their misconduct charges are what stuck, and it's for not calling an ambulance for her or checking in with dispatch.

S.D.

Yeah, Look how hard the Wrongful Death suit was on OJ...

S.D.

IMO, This jury makes a joke of our legal system.

Apparently, in their world:
- Cops called to aid a fall over drunk woman who then ~~rape~~ ,erm, have sex with someone nearly unconscious is somehow 'Consensual'.
- A Cop lying on the stand is NOT an issue.
- A Cop being taped saying he used a condom is somehow not an admission of ~~rape~~ ,erm, sex.

Bet Dominique Strauss-Kahn wants that Jury!

Benny Obammy

GREAT NEWS. AND HOPE THE DRUNKEN GOLD DIGGER GETS SHITTT FROM THE CITY TOO, GO HAVE A DRINK BITCHH

robotjuiced

20 bucks says this was written by one of NYC finest. I always thought it was funny how they called the trash of New York the "finest". Far from eat. Go eat a donut you fat PIG.

Guest

I'd bet one thousand!!!!

Benny Obammy

perfect verdict. this entire trial was a witch hunt and never should have even gone to a trial. SOME DRUNK BROAD MAKE ACCUSATIONS AND WANTS TO GET RICH QUTCK. WHAT A PIECE OF S GOLD DIGGER. SHE SHOULD BE LOCKED UP FOR BEING A SLOPPY DRUNK. HOPE THESE COPS SUE HER ASS OFF NOW

economatronic

What I see as the real problem is that cops shouldn't be prosecuted by DAs. It's inherently biased in the cops favor. When cops are being prosecuted there should be an independent prosecution team. It just doesn't make sense for the DAs office to do it. I don't blame the jury, I blame the prosecution.

Guest

I don't think you understand that this case would have made the ADA and his/her bosses career. Believe me when I tell you the full weight of the criminal justice system was brought to bear on this case.