The woman who accused two cops of raping her was so drunk she couldn't stand up at the bar before the alleged crime, a witness testified in court yesterday.
"She just couldn't get her bearings," said Laure Simi, a friend of the alleged victim, the New York Post reported. "She was stumbling. Just not stable on her feet. She kept saying she wanted to go home."
The woman accused NYPD officers Kenneth Moreno, 43, and Franklin Mata, 28, of raping her after they escorted her home. The cops went to her East Village apartment after the cab driver who took her home called 911 because he was worried about how drunk she was.
After helping her inside, the officers were caught on camera returning to the apartment four more times, during which Moreno allegedly raped her while Mata stood guard, prosecutors said. To prove she was raped, prosecutors need to show the she was unconscious and helpless.
Defense attorneys argued that the woman, now 28, was awake and conversational, the Post said, adding that the next day she told a friend she was "OK."
The defense said yesterday Moreno had consensual physical contact after she became "flirtatious," reports said, but that there was no penetration. They added that Moreno, a recovering alcoholic, was counseling her about her drinking, according to the Post.
A defense attorney told amNewYork that today's testimonies "corroborated … that the complainant was not physically helpless that morning," and that the woman "was neither unconscious not physically unable to communicate, and she certainly was nor the victim of a rape."