Closing arguments for the defense ended Monday in the seven-week rape trial of two city police officers.
Officer Franklin Mata's lawyer told jurors that his client broke police department rules, and that's it.
Mata is accused of acting as a look out as his partner, Officer Kenneth Moreno, allegedly raped a drunk woman in her East Village apartment in 2008.
Surveillance video shows that the officer and his partner went back to the woman’s apartment three times after initially helping her home after a 911 call.
They didn't tell their bosses about the visits.
"If any of us violate our job duties on the job that doesn't mean that we committed a crime," said Edward Mandery, Mata’s attorney.
During his summation, Mandery argued no one was raped and Mata had very little contact with the 27-year-old clothing store executive as his partner spoke with her in the bathroom and bedroom. During summations, Mandery said, "He's a separate human being, he's a separate person and when you discuss him I'm asking you to discuss him separately."
After the closing arguments, Mandery then told reporters, "If you heard the testimony, my client was asleep on the couch. So, you know, I think it is an important distinction that has to be highlighted.”
The officers are also charged with falsifying records, official misconduct and burglary for entering the woman's apartment.
They say they went back because officer Moreno is a recovering alcoholic and wanted to help the woman kick her drinking habit. There's no DNA evidence in this case.
Mata's lawyer also told jurors the accuser is a woman with, "…a significant lawsuit and a significant jackpot." She has filed a $57 million lawsuit against the NYPD.
The case is in its seventh week. Jurors still have to deliberate.
"I hope the jury bears with us and understands that how significant it is," said Mandery.