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Ex-cop acquitted of rape gets 1 year in jail for misconduct

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ex cop Credit: Jefferson Siegel

A Manhattan judge Monday ripped ex-NYPD officer Kenneth Moreno, who was acquitted of raping a woman in her East Village apartment in 2008, for lying and then sentenced him to a year in jail for official misconduct in the case.

Moreno, 43, and former partner Officer Franklin Mata, 29, were accused of raping the 29-year-old female fashion executive after responding to a 911 call from a cab driver saying the woman was too drunk to get out of his taxi.

Moreno testified that they escorted her home, but that he only “spooned” with the naked woman in bed and returned to her apartment three times to comfort her and counsel her about her drinking problem.

“You told a story that was incredible,” said state Manhattan Supreme Court Justice Gregory Carro Monday, as Moreno's accuser watched in tears from the front row.

“You're a trained police officer," the judge said. "It's not too far a stretch to believe that you couldn't avoid being in that bed with a naked female."

During summations, Moreno's lawyer said his client was just a "simpleton." Carro scoffed: "He's a simpleton like a fox.

“Your testimony was classic for admitting what you couldn't deny and denying what you couldn't admit,” the judge said. "You had a duty to testify truthfully, and it's clear that you didn't."

A jury cleared the men in May, citing a lack of DNA evidence and an admittedly intoxicated witness whose recollection was fuzzy. The panel, however, convicted the officers of official misconduct after faking a 911 call so they could return to the apartment.

Mata's sentencing is scheduled for Wednesday.

Moreno's attorneys didn't respond to requests for comment. At sentencing, they said the misdemeanor convictions for a first-time offender didn't warrant a jail sentence.

(with Reuters)


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