A 29-year-old fashion executive broke down in court Thursday as she told Manhattan jurors that “two [NYPD] officers who had been called to help me had, instead, raped me and left me, facedown in a pool of vomit, on my bed to die."
The woman, whose identity is not being publicized, said she got drunk celebrating a promotion and move to San Francisco in December 2008 at a bar. When a taxi driver summoned police to help his extremely intoxicated passenger officers Franklin Mata, 27, and Kenneth Moreno, 43, escorted her into her E. 13th Street apartment.
She testified that she remembers the feel of the stairwell railing, an arm around her waist, the crackle of police radios, the ripping of Velcro and someone ordering her to "drink the water."
She also recalled waking up face down on her bed and "someone was rolling my tights down my leg."
Testimony was halted twice as she sobbed while detailing the alleged attack. She recalled hearing people searching for something frantically around her bed and a flashlight beam before she “passed out.”
Surveillance video shows the two cops using her key to return three more times during the next four hours, but they maintain that they were just checking up on her.
Moreno, a 17-year NYPD veteran, is accused of raping the woman, while Mata kept watch. Both pleaded not guilty to rape, burglary and other charges.
Moreno’s lawyer contends that his client had contact with her as he counseled her about not drinking, while fending off her flirtations.
But the woman said when she awoke the next morning she knew she had been raped and she scrubbed her body in the shower. “I sat down and I tried to take my skin off. I felt dirty.”
She said she then went upstairs and told a neighbor that she had been raped. Investigators from the district attorney’s office wired her when she confronted Moreno outside his prescient.
Moreno denied raping her, but said he used a condom. His lawyer said he just wanted to pacify her.
“I was just trying to sincerely help you that day, OK? OK. Anything else that happened, anything that you remembered happened, it wasn’t done intentionally. It wasn’t done to hurt you," he said on the tape.
Cross examination of the woman, who has a corporate job with Gap and now lives in California, is expected to continue Friday.