Monday, August 17, 2009

Disturbing New Details in NYPD Rape Cops Case

This weekend more details emerged in the case of NYPD Officers Kenneth Moreno and Franklin Mata who are accused of raping a woman on the Lower East Side after a taxi driver called 911 to report a drunken fare. Moreno and Mata were the responding officers and instead of displaying the "Courtesy, Professionalism, Respect" we see emblazoned on all NYPD patrol cars, they allegedly raped the woman while she drifted in and out of consciousness.

The details come from a notice of claim filed by the victim, who remains unidentified, seeking $5 million total for the heinous act. Among the new details is the fact that the officers stole her BlackBerry and called her mother and brother in an effort to intimidate the victim from coming forward.

The timeline of events is equally disturbing. The victim was out having drinks at a Brooklyn club last December 6 and into the morning hours of December 7, when her friends put her into a yellow cab to take her home because she was highly intoxicated. When the cab driver pulled up to her apartment he could not get her out of the cab so he called police. That's when Moreno and Mata showed up. The officers escorted the woman into her apartment and left, but returned less than an hour later and gained entry to the building by telling a resident that they were investigating a noise complaint behind the building (which was untrue). They entered the victim's apartment with a key that they had stolen from the woman earlier. They were in the apartment for 17 minutes but had to leave when called to a traffic accident.

Once they were done with the accident scene the two are alleged to have made a false 911 call saying that there was a drunk homeless man two buildings down from the victim's so that they could return to the area. They went to the woman's apartment after being dispatched to the fake homeless man. This is when the alleged rape took place, with Mata acting as lookout and Moreno raping the victim while she lie face down on her bed after she vomited a few times. After being in the apartment for more than a half-hour the pair left and this is when the woman reported the rape.

The victim was able to meet with Moreno after the rape and secretly recorded him apologizing to her for having sex with her. Moreno has also admitted to having sex with the woman during the investigation, but he claims that it was consensual. Now we all know that when a person is legally drunk (and if someone is puking from alcohol poisoning, it's a pretty good indicator that they are legally drunk) they cannot legally consent to sex. And when you have sex with someone who cannot legally consent to sex, it's called rape.

Even Ray Kelly, who rarely criticizes his officers in public, called the two's actions "egregious" and a "shocking aberration." The two were charged with rape, burglary, and official misconduct back in April, have pleaded not guilty, and have a scheduled court appearance for September 16. You would think given their charges and Kelly's own outrage over the incident that these two would not be working for the NYPD anymore. You would be wrong. Despite the fact that Moreno has admitted that he had sex with a drunken woman WHILE ON DUTY, he and Mata continue to work for the NYPD in administrative duties. That means that our taxes are going to pay for their salary and benefits while they wait for the inevitable firing from the force and convictions on at least some of the charges. Top that off with the tax dollars that will have to be used to pay the victim her settlement money, and we're really in the hole. If Ray Kelly truly thought that what these officers did was egregious and a shocking aberration, he would do more than simply say it; he would show it by firing them. Peace.

Photos - NYPD Officers Kenneth Moreno (l.) and Franklin Mata (NYPost)


  1. Well said.

    The whole situation is horrifying enough without the fact that these two have yet to be adequately reprimanded by the city. If I so much as come in late, I would be fired. But it seems clear that the NYPD can not only make up fake calls and not do their job, but also commit heinous and illegal acts while in uniform and worse case scenario they play secretaries for a few months while the paychecks keep rolling in. The city doesn't realize the additional and subsequent damage it causes by allowing these two to stay on the force (even if for a short period of time). It feeds into the growing public disdain for cops (as if it could get any greater), feeds into the notion that this city government is clearly incompetent and doesn't put public welfare and common sense first (especially given your point about our tax paying money getting flushed down the toilet at a time akin to the Great Depression), and possibly worse of all, condones their actions to a degree in front of all other cops who now think they are in some way above the law. When will it end?

  2. I think your blog should be forwarded to major news agencies which are NOT focusing as much on this crime as they should. This is beyond being a crime - it is horrific! I pay A LOT of money in taxes and am outraged that these criminals are getting paid and have not been - at a minimum - temporarily suspended!!!