Poor little threatened alleged ‘rape cop.’
Officer Kenneth Moreno is back on the witness stand today in the scandalous Manhattan trial, insisting to jurors that he only ‘fessed up to having worn a condom on the night in question because the petite, 5’5” alleged victim repeatedly “threatened” him, saying she’d march into his precinct and cry rape.
“She just started hitting me with these accusations and hard questions,” Moreno complained, at the start of his second day of testimony.
“I was confused,” he told jurors.
Moreno, 43, and his partner, Officer Franklin Mata, 29, are in their sixth week of trial, fighting charges that on a predawn morning in December, 2008, after being dispatched to help a highly intoxicated woman out of a cab outside her East Village apartment, they returned three more times to her building and conspired in Moreno’s raping her as she lay semi-conscious on her bed.
Moreno spent much of the morning trying to diffuse the big ticking time bomb in the prosecution case — a confrontation between himself and the alleged victim, set up and secretly-recorded by investigators from the DA’s office a couple days after the alleged incident.
The voice recording — taped through a device hidden in the woman’s wristwatch — is highly damaging.
In it, the alleged victim is heard storming up to Moreno as he crosses the sidewalk in front of his workplace, the East Village’s Ninth Precinct.
“Did you wear a condom?” she asks again and again. Again and again Moreno tells her, “Ma’am, nothing like that happened.”
Once, twice, three times she threatens to tell his bosses he’d raped her, even using the words “make a scene.” Moreno holds his ground: “Nothing happened.”
“I don’t want to go in there and make a scene,” she tells him — her fourth threat. “Did you use a condom?” she shrieks. Moreno then answers “Yeah, I did.”
Twice on the tape he admits to having used a condom. He also attempts to remind her that more than sex transpired — there were conversations, he tells her. “A lot more happened,” he consoles, trying to remind her of things they’d told each other. When the woman then asks whether both cops had had sex with her, or just Moreno, Moreno voice answers “It was just me.”
“Things got a little crazy,” he tells her on the tape, by the end of which he toggles firmly back into denial mode
“She was threatening me,” Moreno explained this morning of the damaging admissions. “I took it as a threat. She was going to walk into my command and tell them something happened that didn’t happen.”
“Look where I am now, two and a half years later,” he said of his regret over making the damning statement
But why say something that isn’t true, asked his lawyer, Joseph Tacopina.
“She was freaking out,” Moreno told jurors. “I was feeling really bad. I thought this girl really thinks something happened.”
He’d just wanted to “please” the woman, he insisted.
“I was just thinking about pleasing her, telling her what she wanted to hear,” Moreno explained at another point in his testimony.
“I was considering just telling her anything, whatever she wanted to hear just to make her happy.”
Moreno also addressed his asking her out, offering “If you stop drinking I’ll be your boyfriend,” at the end of the tape.
“It was the first time I got a good smile out of her,” he claimed of the remark. Not so, the victim herself had testified four weeks ago. Moreno’s asking her out, and adding, “I’m not a bad man — I’m a good friend to have,” left her so sickened, she ended the conversation, she told jurors.
“I want to go,” she says suddenly at the end of the tape.
Moreno’s direct testimony ended at 11:37 a.m., and will be followed by what’s expected to be a lengthy cross examination, likely to keep him on the stand for the bulk of today.



