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Lawyer in NYPD rape trial: Accuser's memory wrong

May 16, 2011 2:21:54 PM PDT
The attorney for a New York City police officer charged in the rape of a woman he was called to help says there's no forensic evidence that a crime occurred.

Officer Mata's attorney argued there were more than 225 exhibits presented to the jury and he claims not one proves that a rape happened.

Edward Mandery spent hours planting the seed with jurors of reasonable doubt, hoping they'll come back with a not guilty verdict.

In closing arguments, Officer Franklin Mata's attorney tried to convince the jury that the accuser's memory of what happened is spotty.

Saying there is no evidence of rape, no DNA, and no fingerprints found anywhere in the bedroom.

Officer Kenneth Moreno is charged with sexually assaulting the intoxicated fashion executive inside her East Village apartment in December 2008.

Mata is the accused look-out.

"Don't fault my client that because she drank so much alcohol she can't remember what happened," Defense Attorney Edward Mandery told the jury.

Surveillance video shows the men returned to the apartment four separate times.

Officer Moreno testified he faked a 911 call to buy them more time to go back to the apartment so that he could council the woman on drinking.

"They want you to believe they were sneaking back. You saw Frank looking at the cameras. How many buildings in New York have cameras? Wouldn't you go in disguise?" Mandery said.

The accuser testified after the officers escorted her into her home, and she spent the rest of the night throwing up and passing out.

The defense believes her civil lawsuit against the officers and the city is a motive for the allegation.

"$57 million dollar lawsuit and you don't know what you're suing for?" Mandery said.

Friday, we heard from Officer Moreno's attorney Joseph Tacopina, and Officer Mata's attorney completed his closing Monday afternoon.

Both are pushing for reasonable doubt.

It's something Assistant District Attorney Coleen Balbert is sure to address when she gets her turn in front of the jury.

If convicted, Moreno and Mata face up to 25 years in prison.

Once the prosecutors give their summation, the decision is in the hands of the jury.


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