MANHATTAN (CN) - A New York City police officer is charged with raping a drunken woman in her East Village apartment after escorting her home, while his partner kept lookout. State prosecutors say Kenneth Moreno, 41, had sex with the 27-year-old while she lay face down in her bed after vomiting.
Moreno and Franklin Mata, 27, responded to a 911 call from a cab driver who said a passenger had thrown up in the back seat and didn't have money for the fare, the New York County District Attorney's Office said. Video surveillance showed the cops helping the visibly drunken women into her building around 1 a.m. and leaving soon after, then returning twice that night, prosecutors said. Authorities say Mata lied to dispatchers about their whereabouts and later claimed he misplaced his logbook.
Investigators say the woman was unable to consent to sex because her blood alcohol level was more than twice the legal limit.
Both men pleaded not guilty to rape, burglary and official misconduct charges. They face up to 25 years in prison if convicted. Both were placed on suspension after the December incident.
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.