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Jury Clears 2 NYPD Cops of Rape Charges

Woman claimed she was assaulted while drunk

By John Johnson,  Newser Staff

Posted May 26, 2011 1:40 PM CDT

(Newser) – Two New York City cops have been cleared of rape charges in a high-profile case. Officers Kenneth Moreno and Franklin Mata were accused in the assault of a drunken woman in her apartment after being called to help her out of a taxi. The 29-year-old woman accused Moreno of raping her while Mata kept lookout in another room. The two suspended cops aren't entirely out of trouble, though: Jurors convicted them of official misconduct for taking the woman's keys and returning to her apartment three times that night without telling superiors, reports the AP.

Moreno said they did so to check on the woman. He said that he spooned with the woman on her bed while counseling her about her drinking but that they never had sex. He also said he had to fend off her drunken advances. The Daily News reports that the men "looked stunned" when the verdict was announced. They could have gotten 25 years in jail if convicted. They could get up to two years, or no jail time at all, on the misconduct conviction.

Police officer Ken Moreno, left, and attorney Joe Tacopina leave Manhattan criminal court.
Police officer Ken Moreno, left, and attorney Joe Tacopina leave Manhattan criminal court.   (AP Photo/ Louis Lanzano)
Police officer Franklin Mata enters State Supreme court in this file photo.
Police officer Franklin Mata enters State Supreme court in this file photo.   (AP Photo/ Louis Lanzano)
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COMMENTS
Showing 3 of 12 comments
Lewdac
May 27, 2011 1:22 AM CDT
I'm obviously can't say that there was rape involved here but I know for sure that spooning and "checking" are not S.O.P. If the this women women was in such poor shape that she needed to be "checked" on mulitple times she should have been tak'n to the ER.
Doctor-Zaius
May 26, 2011 7:33 PM CDT
Is spooning in the police handbook under the chapter on helping council alcohol abusers?
stormy7
May 26, 2011 7:02 PM CDT
Pigs will be pigs
 

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