Jurors continue to deliberate in rape case

Jurors in the case of two NYPD cops charged with raping a drunken woman asked Wednesday if they could rely on testimony as fact, one day after hearing a read back of the accuser's testimony.

"You can find facts on testimony alone," Manhattan Supreme Court Judge Gregory Carro told the seven-man, five-woman panel, which has been considering the case for six days.

Officers Kenneth Moreno, 43, and Franklin Mata, 29, are accused of taking sexual advantage of an intoxicated, semiconscious 29-year-old fashion designer during three post-midnight visits after helping her from a cab to her apartment on Dec. 7, 2008.

The prosecution case is based largely on the word of the victim, who testified during three days on the witness stand that she was blacking out and passing out, but remembered at least one officer having sex with her.

There was no forensic or DNA evidence definitively showing that she had sex, or that one of the officers was in her bed, and defense lawyers argued there was insufficient corroboration to prove her accusations beyond a reasonable doubt.

It wasn't clear that the jury was asking about the accuser's testimony. Both defendants also testified and denied wrongdoing.

Carro told the jurors on Wednesday that testimony alone could be sufficient, depending on their assessment of its credibility.

"It is the quality of the witness that is controlling," he said.

Moreno is accused of having sex with the woman and Mata with serving as a lookout. In addition to rape, the officers are charged with burglary, official misconduct and falsifying records.

Jurors Wednesday also asked for pictures of the accuser's apartment. Deliberations are scheduled to resume Thursday morning.