The woman became “flirtatious,” and so the cop kissed her shoulder. He patted her back. He got “physical.”
But everything was consensual, and there was no penetration, the defense lawyer for Kenneth Moreno contended in blockbuster opening statements in the so-called “Rape Cops” trial this morning.
Moreno, a recovering acoholic, was just trying to counsel the drunken woman before things got out of hand.
“The woman became flirtatious with Moreno. He made an impulsive decision. He succumbed to physical contact,” Moreno’s lawyer, Joseph Tacopina, told the four-woman, eight-man jury — in the first-ever admission of sexual activity by the cop in the history of the two-year-old case.
And in the hours after the alleged attack in her East Village bed, the drunken fashion executive at the center of the case was not even herself sure if she’d been raped, the defense insists that the prosecution’s own witnesses will show.
The woman — a then-27-year-old boss at the Gap clothing chain — had woke up naked in her bed after being helped into her apartment by Moreno and his partner after a December, 2008 night of heavy drinking. But when she ran upstairs to tell neighbors she’d been attacked, she was doubtful of what had happened, Moreno’s lawyer, Joseph Tacopina told jurors.
“She wasn’t even sure that she was raped,” the lawyer told jurors.
“She told them she thought she was. She told them she believed she was,” the lawyer said.
“If she can’t say without conviction that she was raped, how are you going to say it beyond a reasonable doubt?”
Only after that day did the woman become “sure” she was a rape victim, the lawyer told jurors — now that she has filed a more-than-$60-million lawsuit against the NYPD and the officers.
“When did that become ‘I’m 100 percent sure that I was raped?'”
Moreno, a 17-year-veteran, and his partner, Officer Franklin Mata — also charged with rape for allegedly playing lookout that night — did nothing illegal in the woman’s apartment, the defense is insisting.
But in their own openings, prosecutors say the two defendant officers committed “unspeakable acts of brutality” against a semi-conscious woman they were supposed to be helping.
“The defendants…on Dec. 7, 2008, were supposed to be the ones to protect us,” assistant district attorney Randolph Clarke told the jury.
Instead, “they used their positions of authority to commit unspeakable, incredible and repetitive acts of brutality,” and destroyed paperwork to cover their crimes, the prosecutor said.
The woman had drank too much before and during a party celebrating her promotion and impending move to California, the prosecutor told jurors.
When she was too drunk to even get out of the cab that drove her home to East 13th Street, the pair of officers was dispatched to help her.
Sidewalk surveillance video from the bar downstairs shows the officers made a total four visits to the semi-conscious woman’s apartment, the prosecutor said.
Her memory of what happened on those visits is sporadic, the prosecutor concedes.
“But she does remember being offered a glass of water, being picked up off the floor of her bathroom, and being face down on her bed,” the prosecutor continued.
“She remembers her tights were taken down. She remembers the sound of Velcro–” the sound of Moreno unfastening his bullet proof vest, prosecutors contend. “She remembers being penetrated,” the prosecutor told jurors.
“She could not stop the abuse,” he said. “She was helpless.”
Prosecutors have accused Moreno, the senior of the two officers, of committing the actual rape; Mata faces the same charge — first degree rape — under the theory that in standing guard, he acted in concert with his partner.
The woman didn’t wake until 10 the next morning — and will testify she was still lying naked and face down on top of her bed’s comforter. Internal injuries are consistent with being penetrated while lying face down, the prosecutor promised a medical witness will testify — though Tacopina told jurors that the so-called injury doesn’t even amount to a bruise.
“They struck up a rapport,” Tacopina told jurors of the woman and the cop.



