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Defense Attorneys Attempt To Show Inconsistencies In Rape Accuser's Testimony

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TWC News: Defense Attorneys Attempt To Show Inconsistencies In Rape Accuser's Testimony
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Attorneys for officers Kenneth Moreno and Franklin Mata tried to point out holes in the story of the woman accusing the two NYPD officers of rape, as she took the stand for a third day.

Lawyers for Moreno and Mata tried to paint inconsistencies between what the accuser told friends, investigators and the grand jury and what she now remembers from the night she said the officers raped her in 2008.

"Obviously when we piece this together for summations it really going to be illuminated," said Edward Mandery, the attorney for Mata.

Last week on the stand the woman admitted she was drunk the night of December 6th, 2008, and could not remember anything from the time she left the bar to when she got home because she blacked out.

The woman broke down on the stand Monday when she said she has no doubt she was raped inside her apartment.

Prosecutors say Officer Moreno raped the woman in her East Village apartment while Officer Mata stood watch.

The officers helped the woman get to her apartment. Surveillance video shows the officers entering and leaving the building several times.

The emergency room doctor who examined the woman at Beth Israel Medical Center provided some key testimony. He said he administered a rape kit, and although it found no injuries to the accuser, it did uncover redness that could be caused by trauma.

Defense lawyers argue the redness could have been caused by something other than a sexual attack.

The doctor also said the woman still had her makeup on from the night before even though the woman testified she showered before going to the hospital.

This information is important because there is no DNA evidence in this case.

"The whole notion that there was no internal bleeding is very important because they found absolutely no DNA semen no saliva that links up to our clients," said Joseph Tacopina, the attorney for Moreno.

About 15 more witnesses are expected to take the stand. The defense has not decided yet if the officers will testify. The face up to 25 years in prison if convicted of rape.

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