'Rape cops' trial lawyer for NYPD Officer Kenneth Moreno calls client a 'simpleton' but no rapist
Originally Published:Friday, May 13th 2011, 11:52 AM
Updated: Friday, May 13th 2011, 3:09 PM
Updated: Friday, May 13th 2011, 3:09 PM
Jefferson Siegel for News
A lawyer for Officer Kenneth Moreno, right, Friday pushed for rape charges to be dumped in the absence of DNA. "He wanted you to hear him saying I did not have sex with that woman," defense attorney Joseph Tacopina said of Officer Kenneth Moreno.
"Ken is not a very sophisticated guy, maybe a bit of a simpleton," the lawyer said.
Somebody bent on "concealing a crime" would not have written the accuser's name, address, telephone and birthday into his personal memo book - as Moreno did, Tacopina said.
Would a rapist, Tacopina asked, return to the scene of the crime four times knowing there are surveillance cameras capturing his comings and goings?
"What a moron he'd have to be," he said. "Why would he put himself at the scene? He would not."
Tacopina's closing statement took aim at the prosecution's lack of DNA evidence and the accuser's admission that she was bombed the night she encountered Moreno and his partner, Franklin Mata.
"The fact that there is no DNA, that is a massive, massive problem for them," Tacopina said of prosecutors. "There is absolutely no semen, no semen whatsoever."
Tacopina insisted, in graphic terms, that "there is absolutely no proof beyond a reasonable doubt" that Moreno raped the East Village woman in December 2008.
He said the supposedly unconscious victim was able to tell Moreno that she drank vodka, was moving to California, and didn't have a boyfriend. He said surveillance footage showed her walking unaided into her building.
"She was not unconscious - you can start with that video," he said. "Thank God for that video."
The accuser, a 29-year-old Gap executive, has testified that she blacked out several times that night but clearly recalls she "woke up to being penetrated from behind."
"She's creating memories that are wrong - and that is a show stopper," said Tacopina, who noted that the accuser is also suing the city for $57 million.
Tacopina also dismissed the mark on the woman's cervix as "meaningless redness."
"That is because she was not raped," he said. "No semen, no injuries and no lubricant means no sex."
Then, in an unfortunate choice of words, Tacopina likened the prosecution's case to "trying to fit a square peg into a round hole."
Moreno also made several cringe-worthy statements during his six week trial in Manhattan Supreme Court. He and Mata are both charged with rape, although prosecutors say Mata served as lookout.
When prosecutor Coleen Balbert expressed amazement that Moreno didn't tell Mata - as he told the court - that the victim allegedly tried to seduce him, Moreno replied, "I don't kiss and tell."
Moreno also testified that he spooned with the nearly naked woman in her bed and sang a Bon Jovi tune to her.
Tacopina portrayed Moreno as a well-intentioned officer who bent some rules - like making an "imbecillic and stupid" phony 911 call to cover one of four visits to her pad. "He was trying to help her sober up," he said.
Moreno did not react when Tacopina called him a dim bulb. But he had tears in his eyes when Tacopina wrapped up his summation by saying it was an honor to represent Moreno.
On Monday, Mata's lawyer, Edward Mandery, is expected to argue his client had no idea what Moreno was up to because he was asleep on the woman's couch.
Balbert will later argue that Moreno is as a liar and a letch who took advantage of the fashion executive. Her best evidence is a recording the woman secretly made in which Moreno admitted "it was only me" after she repeatedly asked him whether he and Mata raped her. He also admitted he wore a condom when she confronted him outside his police precinct.
"He tried to appease her," Tacopina told the jury, noting that Moreno denied having sex with her 24 times on the recording. "She was going to get him to say what she wanted him to. So she threatened him: If you don't tell me you used a condom I am going to go in there and tell."
Moreno, 43, and Mata, 29, both face up to 25 years in prison if convicted.
RetiredPD1993
1:47:06 PM
May 13, 2011
These guys are a disgrace to the force and should be fired (rightfully so), but they are being charged with RAPE, meaning either sex against another's will, or when the victim is too drunk to consent. They have proven neither. We have conflciting testimony from the cabbie as to her level of intox, a video showing her walking under her own power, no DNA (condom or not, where's the hairs? Fibers?, Saliva, Blood?). Not ONE shred of DNA. We have a tox level taken HOURS after the alleged incident. We have a victim who showered despite admitting she knew she shouldn't. We have a taped "confession" taken under threat of a felony rape charge, and NOBODY bothers to mention the 4 times he said nothing happened. We have a high dollar lawsuit already filed. SOMEBODY tell me ONE thing that points to this cop having sex with this woman against her will or while she was unconscious. I'd wager they get off, but this cop taking the stand certainly hurt his case. What a moron.
Dizzle
1:48:58 PM
May 13, 2011
@Anacondaman - well said...could not of said it better myself. I have faith that the jury is smart enough to see through the ridiculous story they made up and convict these pieces of trash. The reality is no matter what, they are guilty, and they will rot in hell!
Dizzle
1:57:08 PM
May 13, 2011
@RetiredPD1993 - You may want your indisputable proof since its clear why you are taking their side, but unfortunately for you and for them, it doesn't have to be there. I'll tell you that I believe the evidence that the prosecutors are presenting and the story that the victim is telling. I absolutely do not believe a single word these cops are saying, their story is absolutely ridiculous and its insulting and beyond unbelievable that they would even come up with something like that. I am sure the jury will feel the same way and lets be honest here, especially with your experience as a cop... you know that people have been convicted on MUCH LESS. And its not like these are sympathetic figures, these are 2 dirty cops caught in about 10 different lies. Maybe Mata gets off on the rape charge, but Moreno will be found guilty on all charges.
dishonestleaders
2:36:37 PM
May 13, 2011
Moreno gave me all the proof I need to convict him of rape. He was in the woman's bed when he was suppose to be on the job and he made a false 911 to call to give him a reason to go back to the woman's apartment. As far as I'm concerned, Moreno raped her. Hopefully the jury will feel the same way.
Think4UrSelf
2:43:21 PM
May 13, 2011
The keyword is "reasonable". As in, "reasonable doubt" concerning the rape (with a confession, medical proof, video proof, there is no "doubt" let alone "reasonable") or "reasonable excuse" as to why these rapist pigs BROKE THE LAW, TRIED TO COVER IT UP, neglected to tell their exculpatory statements to their bosses, friends, family, um, even EACH OTHER. Cop fellaters, wannabes, formers or never-were, will try to claim since there is no DNA or vide of penetration, then you must acquit (unless it's a non-cop defendant, then they will say you can convict without DNA). Hopefully the jury will do what is right. It's a shame the "lookout" won't go for his raping of her, but she only awoke when Moreno was raping her.
gratefuldan54
3:06:04 PM
May 13, 2011
I find it quite amusing when the attorney for the police officer says his client is a simpleton. Then says he would have to be a moron to return to the scene of the crime. Is that an admission of guilt?
NJYankeeFan
3:07:47 PM
May 13, 2011
RetiredPD 1993 the thing is, their story makes no sense whatsoever. He isn't saying he had consentual sex with her so how drunk the cabbie says she was doesn't matter. There isn't any DNA; not unusual since he admits to using a condom but he also admits to spooning her on the bed so that would cover him in case tehy did discover DNA. It's such a poor story that you have to say clearly this is not what happened. It didn't happen the way the cops are saying so what did happen and why can't they tell the real story. Guilty!!!
Think4UrSelf
3:21:11 PM
May 13, 2011
I love the admission from the attorney. Saying his client is a simpleton, and then in the same breath, only a moron would go and come back as many times AS HIS CLIENT DID, and only a moron would write a victims name/address/nicknames in his personal (not his police issued) memo book. Simpleton=moron...see, that is how this shyster can claim to "tell the truth" in a court of law, yet still try to "represent" this piggy rapist. As for convincing the cop fellaters, it'll never happen. There could be video of the rape itself, and unless the helpless victims screams NO...or the rapist pig hold up his badge to the camera, they'll never believe it.
bravethestupidity
3:24:15 PM
May 13, 2011
Enough with the dirty cop ****. Society is at fault for all the screw ups on the PD and every other job in this country. We need to stop pacifying everyone and get our heads out of our A*$es. Until we stop with all the political correct BS we are never going to be allowed to use our God given discretion. Everyone on this planet is a color; and everyone has a nationality; a large majority belong to an organized religion. The only major differences between people is gender. So with that being said, as long as there is a job that majority consists of males, there will be major incidents of either stupidity or criminality, so if we are going to be politically correct lets tell it like it is. Now, an extremely drunk female adult is claiming she was to the point of unconciousness, somehow got home, because it of course is societies responsibility to make sure she is safe if she makes an adult decision to become inebriated. I mean, come on, she was celebrating, and she of course, bel
Martinburgisser11400
3:26:45 PM
May 13, 2011
She could of just been acting drunk? You can't believe anything a women says. To get the cops attention and seduce them? then file a forty million dollar lawsuit. Sure was convenient that she was leaving the city? Nifong?
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