Two cops charged in the rape of a drunken East Village woman in 2008 returned to her apartment a previously undisclosed fourth time, after the alleged attack took place, prosecutors announced yesterday.
Prosecutors slapped the cops with 11 new charges that stem from video surveillance allegedly showing the two entering her apartment four times while on duty, instead of three as previously reported. It was not clear why the fourth visit was not disclosed initially.
During the third visit, Kenneth Moreno, 43, allegedly raped the semi-conscious 27-year-old woman at her apartment, and Franklin Mata, 28, allegedly stood guard, after the two responded to a call that she was too drunk to get out of a taxi. They were both charged with rape and pleaded not guilty.
The new charges yesterday filed yesterday include burglary and falsifying records, officials said.
Prosecutors had to reconvene a grand jury to enter the new evidence.
"This new evidence in no way makes the people's case weaker, but rather stronger," Assistant District Attorney Coleen Balbert said of the video.
Moreno's attorney didn't return calls for comment, but reportedly said the new evidence makes previous testimony "illogical."
"That would have meant that a guy who raped a woman would have come back an hour later just to check on her," Moreno's attorney Joe Tacopina said, according to The New York Times.
Other charges include misdemeanor official misconduct for not calling an ambulance for the woman and felony falsifying business records for making the alleged fourth visit while on a meal break.
Mata's attorney couldn't be reached for comment. The next court date is March 28 for possible trial.