Last year, the two police officers who were found guilty of entering a woman's East Village apartment repeatedly while she was drunk tried to have their misdemeanors thrown out. Yesterday, state appellate judges upheld the convictions of Kenneth Moreno and Franklin Mata—but their lawyers suggested they may take it to the NY Court of Appeals.
In December 2008, the woman had been celebrating a promotion at Southpaw in Brooklyn and was assisted into a taxi back to Manhattan; she threw up twice in her cab and the driver called 911 for help when he arrived at her East Village building. The responding police officers, Moreno and Mata, escorted the woman into her building—and then surveillance videos showed them leaving and re-entering her building multiple times. Months later, it was reported that the officers were being investigated for allegedly raping the woman.
During a trial last year, the accuser said that Moreno raped her and left her in a pool of her own vomit, which he denied, claiming he just sang Bon Jovi to her and kissed her shoulder. Prosecutors also said that Mata was a lookout, while Mata said he fell asleep on the couch; the defense pointed out that hair and semen found at the accuser's apartment didn't match Moreno's.
A jury ultimately acquitted the pair of rape, but jurors found them guilty of misconduct. According to the Post, the judges wrote, "While the events that occurred in the apartment are in dispute and were the subject of charges of which defendants were acquitted, the evidence establishes that each defendant’s intent was, at least, to socialize with the complainant with a view toward sexual intercourse, or to assist his partner in doing so."