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Ex-cop acquitted in rape case gets 60 days jail for misconduct

Moreno and Mata

Moreno and Mata Photo Credit: From left, Kenneth Moreno, Franklin Mata (Jefferson Siegel)

A Manhattan judge Wednesday sentenced teary and “sorry” ex-NYPD officer Franklin Mata to 60 days in jail for official misconduct in connection with 2008 rape accusations by an East Village woman.

Mata and his partner Kenneth Moreno were acquitted last May of raping the 29-year-old GAP executive in her apartment after a taxi driver called 911 for help getting the intoxicated woman out of his cab.

On Monday, the judge sentenced Moreno, 43, to a year in jail. Both men are free on bail pending appeal hearings on the misdemeanor count of faking a 911 call and returning to the woman’s apartment three times when they were supposed to be on duty.

Moreno admitted “spooning” with the woman, but said he only sought to counsel her about the evils of alcohol. Mata, who also was sentenced to three years’ probation, testified that he fell asleep watching television in another room.

"I never meant for anyone to get hurt," Mata told Judge Gregory Carro Wednesday. "I didn't think that one night would end up costing me 2 1/2 years of my life and my career."

Carro said Mata was less culpable than Moreno, but allowed himself to be led back to the woman's apartment and to lie about what occurred.

"For some reason, you carried your partner's bags," the judge said.

Carro scolded Mata for damaging the public trust in police, and said he would forever be known as a "disgraced police officer" with a "bright, shining scarlet letter on your back."



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