…but are found guilty of lesser charges.
The case against Officers Kenneth Moreno and Franklin Mata- two of New York’s finest—came to a conclusion today, though it did not come not prematurely. The jury deliberated for seven days before finding the two men not guilty of rape.
However, they were found guilty of three misdemeanor charges for official misconduct.
According to courthousenews.com, the pair “face up to a year in prison for each of these counts at their sentencing on June 29. Police Commissioner Raymond Kelly also confirmed that the men would be fired.”
The undisputed facts: Moreno faked a 911 call in order to gain access to the woman. The duo of Moreno and Mata visited her on four occasions, and lied to their supervisors about it.
The pair encountered her in her bathroom on numerous occasions. The pair spent the night in her apartment without her consent, as Moreno laid next to her, ” spooning with her,” and Mata stood guard, or “napped” in the womans living room.
For the woman’s part, “she slipped in and out of consciousness, [and] testified that she woke up to Moreno pulling down her tights and raping her when she was too drunk to resist.”
Likely due to the fact that they did what they are trained to do at the police academy, which hones the police personality into well oiled lying machines— and apparently NYPD favors the lie of omission, because police lying on the stand makes them look like what they are: liars, and juries don’t like that.
These days, rather than telling the old fashioned “cooked up” story that all cops agree should be the truth, cops are altering their tactical deceptions. Cops these days seem to be aware of how bad they look on the stand as they blatantly lie, so they take the Ronald Reagan approach to deception: I don’t recall; I can’t remember, I don’t know. ( you might recall that Ronald Reagan was concurrently a drug dealer, and the President of the United States )
But Moreno and Mata were one step ahead of the prosecutors ( cops who are on trial are usually in collusion with prosecutors).
Not only did they practice that Reagan d
efense, and they likely concocted their story BEFORE it came to trial, so that their lies would work together–but they blamed the victim, in a real subtle way.
The cops story went like this: “A recovering alcoholic, Moreno told the jury that he checked up on her privately in her bedroom and bathroom throughout the night to counsel her about drinking, while his partner took a nap in the living room. He claimed she was drunk enough to need his nightlong assistance, but not drunk enough for him to call an ambulance.”
The jury believed the concocted story by Moreno and Mata raised reasonable doubt, and so they let them off the hook with the real charges of rape, and burglary.
The Police Commissioner had been under pressure to fire the couple since the charges were first laid out by the prosecutors, as official misconduct was clearly at the heart of the case.
However, it is exceptionally rare for the police to police themselves, and cops are hesitant to discipline one of their own.It takes amazing and bullet proof evidence for a prosecutor to bring a case against one of its own–and then, only if its own fuck up so badly that they put other cops at risk of being revealed for the crimes they commit.
Worse, most police misconduct, homicide, and police rapes get glossed over in the police internal reviews, and the public never sees the results. One snapshot of police who commit homicide and brutality comes from a quick Google: in Los Angeles found that, in 1991, rates of internal prosecution resulted in external prosecution wherein ‘13%of brutality claims against police were prosecuted for the people, and it resulted in about half of the officers being sentenced.’
In 2005 “Of 442 officer-involved shootings reviewed since January 2001, Los Angeles County Dist. Atty. Steve Cooley has not brought a single criminal case. And only three of 314 alleged excessive-force cases examined in the same period spurred criminal charges, according to office spokeswoman Jane Robison,” meaning that LA does not investigate, or charge police who murder, or use excessive force.
So, in New York at least, it’s possible that cops can rape women and get off on it. Even if they lose their jobs, it’s a small price to pay for those brief moments when they can express their inner souls.
But it is still easy to file a false rape allegation, because false rape allegations are rarely, if ever prosecuted. So get to it, girls.
- NYPD Officers Acquitted of Rape [Crime] (gawker.com)
- NYC cops acquitted of rape (boingboing.net)
- Cops are rapists. (fightthepolice.wordpress.com)
- 2 NYPD officers acquitted of rape in ’08 encounter (seattletimes.nwsource.com)
- Cops accused of rape are a disgrace: prosecutor (nydailynews.com)
- Franklin Mata, NYPD Officer Charged In Rape, Denies Attack (huffingtonpost.com)
- Trial of cops accused of rape in jury’s hands (nydailynews.com)