A Manhattan Supreme Court judge has ruled that a recording where a cop seems to admit he had sex with a drunk woman he helped into her building can be allowed in the trial. Police officer Kenneth Moreno, who is heard on the tape, and Franklin Mata are facing charges of rape and burglary for the 2008 incident, but the cops are claiming Moreno only admitted to it so the woman wouldn't make a scene at the precinct house.

Two years ago, it was revealed that the cops were stripped of their badges and guns and placed on modified duty after a woman accused Moreno of raping her in her East Village apartment in December 2008. The two cops were dispatched by 911 after a taxi driver had called to say his fare vomited in his cab and didn't have any money. A surveillance video showed the cops helping her inside her apartment and leaving at 1:10 a.m.—but then they returned almost an hour later, staying for about 20 minutes, and then at 3 a.m., the cops return again, staying for 34 minutes. For the third visit, Moreno and Mata allegedly called 911 and claimed a homeless man was in front of a building near the victim's apartment, knowing that they would be dispatched to the neighborhood.

At the urging of her friends, the victim contacted the Manhattan DA's office, who orchestrated for her to confront Moreno at the Ninth Precinct. This is a transcript of their conversation from outside the police station:

Woman: “I woke up and you guys were taking advantage of me.”

Moreno: “Nobody took advantage of you.”

Woman: “You were having sex with me. I was violated.”

Moreno: “No you weren’t — nothing happened.”

Woman: “You’re lying.”

Moreno: “OK. It turned from us trying to help you to getting really crazy.”

Moreno: “What do you remember?”

Woman: “I remember getting up the stairs and waking up on the bathrooom floor. The next thing I know, I’m in my bed, you’re taking off my clothes and having sex with me.”

Moreno: “OK”

WomAn: “OK?”

Moreno: “It wasn’t done intentionally. I didn’t mean to hurt you. I just got caught up. I’m sorry.”

Woman: “I need to know if I’m OK. Did you wear a condom — yes or no?”

Moreno: “Yes, I did. You don’t have to worry about any diseases or getting pregnant.”

Woman: “Was it only you?”

Moreno: “It was only me.”

Moreno: “If you stop drinking, I’ll be your boyfriend. I’m not a bad man. I’m a good friend to have.”

While Mata is not accused of having sex with the woman, he faced rape charges because he was allegedly Moreno's lookout and acted "in concert." The burglary charges stem from the victim's claim that Moreno and/or Mata stole her phone, because her mother and brother received threatening calls saying she should keep quiet.

The two cops are off the job but they are still paid—$150,000/year for Moreno, $110,000/year for Mata.

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.



