Updated 04/15/2011 10:28 AM
Alleged Victim Testifies In Rape Trial Of Two NYPD Officers
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A Manhattan woman accusing two city police offers of raping her in 2008 is being cross-examined, following her emotional testimony about the alleged incident on Thursday.
Breaking down in tears several times, the accuser told jurors and a crowded court room Thursday she could not believe police officers raped her, but she said it did happen.
"Waking up in my bed I'm face down in the mattress … My legs are out … Somebody was rolling my tights down my legs,” the alleged victim said when questioned by the prosecution.
The accuser, 29, said that somebody was one of the officers who helped her home back in December of 2008 after she got very drunk while out with friends.
Surveillance video shows the officers going into and out of her apartment building several times. She said she remembers one of them penetrating her.
The Manhattan district attorney says that officer is Kenneth Moreno and that he raped the woman in her East Village apartment as officer Franklin Mata acted as a look out.
The prosecution played audio from a wire tape that the woman wore while confronting Moreno at his precinct station house, asking several times if he had worn a condom during the alleged attack.
“Yes, Ma'am I used a condom,” Moreno is overheard saying on the tape. “You don't have to worry 'bout being pregnant. You don't have to worry about getting any diseases. Ok? All right? All right."
Defense attorneys say that proves nothing.
"It was a statement that was made after two dozen denials of any sex or improper conduct,” said defense attorney Joseph Tacopina. “It is a statement that is only made after she threatens to go inside and make a scene. It is a statement that comes directly after Officer Moreno says if you want me to admit to something that didn't happen, I'll do."
While on the stand the woman did say she was so intoxicated that she could not do or say anything. She says she passed out six times while the officers were with her.
The defense lawyers says they will continue to question the woman about that during their cross examination. The officers say they only helped the woman get home safely and she was too drunk to remember what really happened.