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Officer testifies in NYPD rape trial

May 6, 2011 3:12:57 PM PDT
An NYPD officer on trial for raping a woman who was drunk insisted on the stand Friday that he did nothing wrong.

But prosecutors hammered the officer about why he was in the woman's apartment four times in one night.

After a full day of testimony, Police Officer Franklin Mata left the courtroom and said nothing, choosing instead to tell his side of this case for the first time before jurors.

He told of encountering the alleged 29-year-old rape victim outside her apartment building, after a taxi driver called police to come and get a drunken woman out of his cab.

Mata and his partner, Kenneth Moreno are accused of raping the woman.

Mata is accused of being the lookout.

"I committed no crimes," Mata reportedly testified.

"Did you see Kenneth Moreno commit any crimes that night?" his attorney asked.

"No I did not," Mata said.

The victim previously testified that she was so drunk, that in her apartment all she remembers is hearing a police radio and the sound of Velcro that was thought to be one officer taking off his bullet proof vest.

But describing his partner's interaction with the woman, Mata reportedly said, "Their conversation seemed very friendly, a little flirty at times."

Cross examined by prosecutors, Mata admitted, "She was drunk", with slurred speech, red eyes, and heavy feet.

In surveillance video, Officer Kenneth Moreno is seen helping the victim into her East Village apartment building.

Mata said she went into her apartment and, "The door closed and Ken realized the key was still in the door and we went in to return the keys."

During an exchange with the prosecutor he said, "She was drunk and she says she was alright."

"But you went back to check on her three times," the prosecutor charged.

"She asked us to come back," Mata said, "and check."

"What, are you Socials Services?" the prosecutor asked, "Do you go to peoples' homes and check on them?"

"No," Mata said.

Under persistent questioning, Mata admitted he and his partner went back to check on the victim without their superiors knowing.

"The only reason you went back to the apartment was so that he (Moreno) could have sex with her?" the prosecutor said.

"Absolutely not," Mata replied.

Pressing further, the prosecutor said, "You were not authorized to be in that apartment but you were supposed to be on patrol."

"Yes," Mata admitted, "We should have been on patrol."


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