NYPD Rape Trial Verdict Will Be Protested Friday in NYC (Updated)

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On Thursday two NYPD officers, Kenneth Moreno and Franklin Mata, were found not guilty of raping a 27-year-old East Village woman. The jury's decision, which convicts the two men of "official misconduct," but acquits them of rape, falsifying business records, and burglary charges (for entering and re-entering her apartment repeatedly through the night), has been met with a wide array of emotions including disgust, concern, sadness, anger, and, in some cases, satisfaction -- but mostly, from where we sit, anger. (For example, this tweet just popped up on our screen.) A rally to protest the decision has been organized by Permanent Wave, Lori Adelman, and Niina Pollari. The protest is today, from 5 to 7 p.m., at 100 Centre Street. Updated with new details after the jump.

On the event's Facebook page, they write:

On Thursday May 26, New York police officers Kenneth Moreno and Franklin Mata were found not guilty of charges that Moreno raped a woman in her apartment while Mata kept guard, despite the fact that the amount of evidence against the officers in this case was overwhelming. Instead, the jury convicted both officers of official misconduct for entering the woman's apartment, but found them not guilty of all other charges, including burglary and falsifying business records. This despite the fact that one of the officers had been recorded on tape admitting to using a condom when having sex with the woman who made the accusation. The cornerstone of the defense required that the woman was too drunk to have a credible account of the incident, but sober enough to consent to sex.

Join us in protest. Because raping a drunk women while on patrol is more than "official misconduct". Because calling 911 should not be an invitation to be raped. Because NO behavior, including being drunk, is an invitation to be raped. Because rapists do not deserve the protection of our tax-funded police department and city officials. Because we recognize this incident as part of the NYPD's long, horrific history of violence -- sexual and otherwise -- often and disproportionately against people of color. Because the people of NYC will not accept victim-blaming, cronyism, and a culture of silence that allows rapists to roam free, without consequence.

Police Commissioner Ray Kelly said today that Moreno and Mata will be stripped of their badges. As for the accused, they had this to say, via CBS Local:

"This has been a long two and a half years," said Mata. "I've been innocent from day one. I'm glad everybody sees that now."

"It is a win," Moreno said. "It's a lesson and a win."

The rally is scheduled for Friday at 5 p.m. at 100 Centre Street. More than 200 are currently attending.

Update: The group has posted some additional information on Facebook as to the purpose of the rally and their demands. They also have a petition on Change.org, here.

1. Police Commissioner Raymond W. Kelly must institute sustained and comprehensive trainings for every incoming class of officers on rape, sexual assault, sexual harassment, and proper police conduct. A single training session, or a simplistic lecture not to rape, is NOT acceptable.

2. The NYPD must institute a zero-tolerance policy for sexual assault, sexual harassment and sexualized behavior while on the job. While this case illustrates an extreme example of police officers using their power to abuse women, too many of us have witnessed officers behaving in sexually inappropriate ways while on the job. There is no excuse for that behavior, and the police force must take it seriously. We want an easily-accessible reporting mechanism for sexual assault and harassment at the hands of police officers, and a demonstrated commitment to punishing officers who exploit their position to harass and assault the people they are supposed to protect.

3. The NYPD must be accountable to the New Yorkers they serve in a transparent process for implementing the above two demands. They must keep community leaders, local politicians and New York City residents informed about the initiatives they institute, and how they are working to make sure that an incident similar to the one involving former officers Mata and Moreno does not happen again.

1,421 people are currently listed as attending the event. We will be there and will report back.

Originally posted Thu., May 26 2011 at 3:19 PM.

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33 comments
BadLawyer
BadLawyer

Having done a jury trial in a criminal case in Manhattan Supreme Court (in the courtroom right next to where this one happened on the 13th floor), I can tell you that the cards are always stacked against the defendants.  The judges are mostly ex-prosecutors so, though they try to be fair, most of their rulings tend to favor the prosecution.  The jury pool, despite everyone in jury selection saying the can be fair and impartial, thinks your client did it.  The fact that the jury found these two not guilty on everything but the misdemeanor says that DA had a shaky case.  Here's a thought to ponder, the accuser's "friends" continued to party and left her to her own devices.  They testified she was trashed but thought calling a cab was enough when this young lady could barely stand in the bar.  Your real friends cease the boozing and chaperone a drunk back to the drunk's home or some other safe & vomit-proof location.  Why are cops doing drunk chaperone duty?  Your friends are suppose to steer you to the porcelain chapel.  Due to seemingly transitory nature of this young woman's time in NYC, it is sadly expected that these "friends" didn't step up to the plate.     

DIANABOL
DIANABOL

PROTESTING IS BETTER THAN DOING NOTHING.

Alex
Alex

Anyone who thinks liberal men care about women should simply read the comments in this Village Voice thread by the male participants. They are beyond disgusting and I have no wish to engage with the likes of Jason, bl1y and Lakenyc. When I was in college several of my friends were raped, one in a situation very much like this. My friend was a virgin, drunk and passed out in her college dorm room and a fellow student entered the room and had sex with her while she was half conscious. Many boys/ men do not think of such a situation as "rape" and so... rapes like these keep happening. Rapists are conservative and rapists are liberals. Many rapists go on to have nice little families and children and seem like the nice guys in our community. What we have here in this thread, I am going to guess, is men who have engaged in such scenarios or have seen their friends engaged in such scenarios with semi-conscious or unconscious women. In their mind, rapists are only men who hide behind bushes and attack women who are not drunk and not dressed like "sluts". Disengage, my friends. These men are scum. 

Mary Queen of Scotland
Mary Queen of Scotland

100% OF NEW YORKERS BELIEVE SHE WAS RAPED AND THE SLEAZY MORENO AND MATA ARE GUILTY THE DESPICABLE PIGS THAT THEY TRULY ARE......!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Between the sleazy defense lawyers who crafted the perjured testimony of the officers,  andthe dim witted, demented lazy wanna go home jurors, this verdict is nothing short of UNCONSCIONABLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!......WHY WOULD THE TESTIMONY OF 2 DERANGED POLICE OFFICERSBE MORE CREDIBLE OF AN INNOCENT VULNERABLE WOMAN,,,,,OF COURCE SHE WASRAPED, WHY DO YOU THINK THE DEFENSE AND THE OFFICERS FOUGHT SO HARD TO DEFEND THEMSELVES, DO YOU KNOW HOW RARE IT IS FOR THE ACCUSED TO TAKETHE STAND IN HIS OWN DEFENSE....WHAT MORE EVIDENCE WAS NEEDED???

2 INCRIMINATION AUDIO STATEMENTS "I WORE A CONDOM AND IT WAS  ONLY ME"4 VISITS TO HER APT...FAILURE TO CALL AN AMBULANCE AS SHE VOMITED OVER BLOODALCOHOL POISONING, A FAKE 911 CALL (AS A CANADAIN TOURIST WITH A NY ACCENT)A FAKE LOG ENTRY.....AND THE THE OFFICER STATING HE WAS SLEEPING ON HER COUCH, THEN THE RAPIST COP MORENO SINGING A BON JOVI SONG IN BED WITHHER CUDDLING (OR SPOONING AS HE STATED) I HOPE THEY BOTH ROT IN HELL ANDI HOPE THE JUDGE GIVES THEM THE MAX (which is ONLY  2 YRS from what i hear)

WE NEED A "PROFESSIONAL JURY SYSTEM" WITH PROFESSIONAL TRAINED JURORSWHO LEARN LAW AND THE ART OF DISECTING EVIDENCE, WITH CRITICAL OBJECTIVEANALYTICAL THINKING....ALL THEY WANTED TO DO WAS GO HOME, DUMB NEW YORKERS. LAZY WIHOUT CONSCIENCE AND INTEGRITY AND ZERO EMPATHY ANDCOMPASSION FOR THE VICTIM.....NO ONE CARES ANYMORE WHEN SOMEONE HASBEEN HARMED AND WRONGED IN OUR SOCIETY UNLESS IT HAPPENS TO THEM

I HOPE SHE WINS HER 57 MILLION DOLLAR LAWSUIT WE WILL ALL SUPPORT HERWOMEN & MEN ALIKE IN THIS CITY WHEN HE CIVIL SUIT IS IN COURT. THE CITYAND NYPD WOULD BE SMART TO SETTLE THIS ONE FAST AND GIVE JUSTICE WHENJUSTICE SHOULD BE SERVED.............GUILTY..........GUILTY......GUILTY

DAMN LUCKY FOR THOSE COPS THAT I WAS NO ON THE JURY.......!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Aykoaykoaykay
Aykoaykoaykay

Hey White People-- 

Were were ya'll when Ousmane Zongo was killed? 

And his murderer tried.

I'll wait while most-- including the author of this post-- look it up.

Again, two words, for the slowpokes: REASONABLE DOUBT.

Yes, it's imperfect but it's better than the alternative.

bl1y
bl1y

These demands make no sense. The officers were found guilty of official misconduct and the NYPD immediately sacked them. Isn't that precisely how the protesters would have wanted the NYPD to respond?

Ohyeah
Ohyeah

Those pigs are as guilty as sin.  And the people commenting here are assholes.

Ay Colombo!
Ay Colombo!

How about picking a USEFUL cause, like defending the rights of about a jillion non-white people falsely accused or over-prosecuted? Instead a bunch of crybabies are going to the mattresses for some drunk who may-- or according to the evidence-- very well may NOT-- have had a crime committed against her? Except her own carelessness?

What part of REASONABLE DOUBT do these privileged dipshits not understand?

Oh but when it happens to a white lady, in Manhattan--

Toronto
Toronto

why are all the peeps that are commenting here men, because the RAPE issue is always biased in a man's favour... this topic should not even be up for discussion among men... What the heck were two police officers doing having sex with a woman (drunk or not) while on duty? wtf?

Luis
Luis

What are we protesting?  That the jurors did not convict based on what most people want to believe happened?  Although we may not like the verdict, this verdict protects men from false accusations.  False accusations DO happen.  There was no physical evidence.  Sorry, but this protest is misguided.  

bl1y
bl1y

"the people of NYC will not accept victim-blaming, cronyism, and a culture of silence that allows rapists to roam free, without consequence."

Not sure you're interpreting that not-guilty verdict correctly.

Also, other than her testimony, there's not really any evidence of her lack of consent. That's not much to convict someone on.

BadLawyer
BadLawyer

protesting and not drinking at 5 o'clock on a Friday of Memorial Day weekend, those 200 attending must be the life of the party

Alex
Alex

MQS, the problem is not that the jurors are untrained. The problem is that the jurors are trained by the greater culture to see anything okay if it means an orgasm for a man. The larger culture is the problem, not the jurors. They just represent the larger culture. Think of all the black men who were (and in some case still are) convicted of crimes they did not commit because of pure racism. Think of all the blacks who were victims of violent crimes and the legal system did nothing to give them justice, despite a day in court. Blacks have changed our society and today we have a much greater sense of social justice for black americans. Not so for women who are the sex class and will be viewed as the sex class when rape cases such as this come to trial. 

Travis Rogers
Travis Rogers

You're right.. these PIGS deserve much more. Like being raped repeatedly with a broom handle. by every single New Yorker, one at a time.

Jen Doll
Jen Doll

As I understand it, the demands are about ensuring this doesn't happen again, as well as serving to help remedy a lack of confidence in cops that this has furthered.

Ohyeah
Ohyeah

youre an idiot.  race has nothing to do with this.  remember, the pigs got away with murdering sean bell, and sexually assaultng michael mineo.  this has everything to do with the cops having the ability to rape, murder and assault with impunity in this city.

oh, and because the girl was drunk, i suppose she was asking for it? next time you wife / daughter / sister has a few drinks, i guess its open season for some college drop out NYPD pig to hold her down and rape her?  yeah, thought so.

Luis
Luis

Of all the sexist, ignorant remarks, yours takes the cake.  A man is not allowed to have an opinion?  I didn't say there was nothing wrong with a cop having sex on duty.   But there is something wrong with calling somebody a rapist if you don't have proof.  You just can't go around making reckless accusations because you THINK the lady was raped.  She was thoroughly intoxicated and she herself says her memory is hazy.  How do you know for sure that she didn't AGREE to have sex and when she was no longer drunk the following morning felt ashamed, felt the cop should have respected her, and thus felt scorned and used and out of anger lashed out with a cry of Rape?  Without proof, you cannot insist that either or both be charged with rape.  This is no Afghanistan.  You make a serious accusation against somebody, then you need to PROVE it.  This is the United States and I am grateful that we live in a country with these laws.  Do you know how many vindictive women could make up rape stories?  It already happens. 

prettyobvious
prettyobvious

The cop admitted to having sex with her, flat out. That was thrown out because the defense said that admission was just a fib, because the woman was nagging him about it and he wanted to get her off his back.

That's some good reasoning. Admit to rape so a girl will stop annoying you. Women, amirite?

Also, whether or not she was too drunk? If she made a 911 call about being too drunk to get into her own apartment, she was probably too drunk to consent to sex. This case seems to say that a woman needs to be unconscious to not be able to consent, but if she's just plain ol' shitfaced, have at it, right? Seems like a pretty dangerous, rapist-friendly precedent.

Catherine Lohmeier
Catherine Lohmeier

I know, right, amazing that some people would value seeking justice over partying. Not that a lawyer would know anything about that, amirite

ikenwan
ikenwan

Hell, my lack of confidence in cops didn't just begin because two of them raped one woman.

Alex
Alex

Ohyeah,

A silly little trick by men who hate women is to change the discussion to racism and away from women! Because they can't handle a convo about women.

Preston
Preston

No physical evidence.  Ihope you donot have sisters that may find themselves in that situation!!!    On top everything else, a black forewoman crowing not guilty. I say to her, remember these names.  Amadou Diallo,Eleanor Bumpers, Sean Bell.

bl1y
bl1y

Nice time you and the wife have a few drinks out at a romantic dinner and then come home and have sex, you're a rapist (and so is she).

Catherine Lohmeier
Catherine Lohmeier

AN INTOXICATED PERSON CANNOT CONSENT TO SEX. I cannot POSSIBLY say this enough.  And especially not an INCAPACITATED CIVILIAN dealing with an ARMED AUTHORITY FIGURE, you misogynist fuckwad.

Please read up on the case. The woman suffered from a bruised cervix and Moreno was recorded on tape saying he had used a condom, thereby admitting he had raped the woman, because, again, AN INCAPACITATED PERSON CANNOT CONSENT TO SEX. If the victim was too drunk to remember events clearly, she was too drunk to consent. End of story.

Lakenyc
Lakenyc

"Too drunk to consent"?  You're making an assumption based on no evidence whatsoever.  Lots of drunk women consent to sex all the time.  Lots of drunk women wake up the morning after and feel ashamed of their actions.  She may have felt ashamed and then felt that the cop was wrong to have initiated sex and so she cried Rape.  That is a distinct possibility.  And everyone is innocent until proven guilty.  Prove that he raped her and I will join your protest.

bl1y
bl1y

Admitting to having sex with someone is not admitting to raping them.

And still, it's only her testimony that she was too drunk at the time. His account was that when they came back to the apartment later she came on to him. The jury obviously thought that there was no enough evidence that she was too intoxicated at the time.

The standard of proof is "beyond a reasonable doubt."

Jason
Jason

So....you KNOW that these two cops raped that girl? Wow you must be privy to info not made available to the rest of us.

Catherine Lohmeier
Catherine Lohmeier

There is a serious difference between bad, regrettable sex, which is something you laugh about later with your friends over coffee, and rape, which haunts you for the rest of your goddamn waking hours. Try being a rape victim sometime. You'll learn the difference real quick.

bl1y
bl1y

Not necessarily. You can have short term memory loss from drinking without being too drunk to function during the parts you can't remember.

I've had plenty of nights where I was so drunk I couldn't remember leaving the bar, but yet I walked 5+ city blocks, got into my apartment, took off my shoes, changed into pajamas, wrote a couple e-mails and then fell asleep. If I had met someone on my walk home, took her back to my place, and we had sex, she would have just raped me?

prettyobvious
prettyobvious

Admitting to having sex with a person too drunk to recall it is admitting to rape

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