Rape accuser: Cops' acquittal devastating

NYPD officer Kenneth Moreno, left, and fellow officer Franklin Mata stand outside Manhattan Criminal Court during a news conference after the jury found him and his partner Mata not guilty of rape. (May 26, 2011) Credit: Craig Ruttle
Breaking her public silence, the woman who accused two NYPD officers of raping her while she was drunk said in an emotional statement Tuesday that their acquittal last week "devastated" her and reflected the perils of trials for rape victims.
"While on the witness stand, the defense attorneys seek to shame and humiliate you for hours, even days, with deeply personal questions about your body, your intimate life and your social life simply because you dare to come forward," wrote the 29-year-old Gap designer. "How saddening, how utterly disheartening."
The woman, who now lives in California, accused officers Kenneth Moreno, 43, and Franklin Mata, 29, of sexually assaulting her while she was only half conscious from a night of partying after escorting her from a cab to her East Village apartment on Dec. 7, 2008.
They were found not guilty of the rape last Thursday, but convicted on three misdemeanor counts of official misconduct for returning to her apartment three times while they were supposed to be on patrol. They testified that they were checking on the woman's well-being.
"I am devastated and disappointed by the jury's decision," wrote the accuser in Tuesday's statement.
"I have waited two and a half years for closure that will now never come. Hearing that verdict brought me to my knees. It brought me back to my bedroom on that awful night when my world was turned upside down."
The woman, who asked that her name be withheld, has a $57-million lawsuit pending against the city and the officers. The statement Tuesday was issued by her lawyer.
In response, defense lawyers for both officers said jurors who listened to evidence for two months should be respected. "Their verdict should not be second-guessed," said Edward Mandery, Mata's defense lawyer.
During the trial, the woman testified for three days. While cross-examination of her did get into some personal matters -- details of the alleged rape, and her decision to shower the next morning -- much of the questioning focused on her drinking, her memory and statements she made to friends the next day.
The rougher attacks occurred later in the trial. Moreno testified that the woman tried to seduce him in a seminude, pornographic bedroom scene.
And defense lawyers in closing arguments contended that she was an alcoholic who may have invented the rape claim for a civil suit.
Jurors after the trial said the lack of scientific evidence that the officers had sex with the woman and her admission that she couldn't remember much of what happened left a reasonable doubt.
The woman, in her statement, did express gratitude to prosecutors who took on the case, Mayor Michael Bloomberg and Police Commissioner Ray Kelly for quickly firing Mata and Moreno on the basis of the official misconduct convictions.
She also thanked New Yorkers for speaking up for her. "For me, public opinion will be the ultimate verdict," she said.
Too many rainy weekends? ... LI Works: Making Countertops ... LEGO at Old Westbury Gardens ... Previewing the Knicks in the NBA Finals ... Get the latest news and more great videos at NewsdayTV
Too many rainy weekends? ... LI Works: Making Countertops ... LEGO at Old Westbury Gardens ... Previewing the Knicks in the NBA Finals ... Get the latest news and more great videos at NewsdayTV



