Updated 06/28/2011 07:02 PM
Sentencing Of Former NYPD Officers Delayed
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The sentencing of two former city police officers convicted of misconduct but acquitted of rape was delayed Tuesday.
The move came after defense lawyers for Kenneth Moreno and Franklin Mata filed motions in court as they considered a possible appeal.
They asked to review unaired footage regarding the case from an HBO documentary about the Manhattan district attorney's sex crimes unit, the same unit that unsuccessfully prosecuted the former policemen.
"You have the prosecutors basically discussing this case while being filmed by HBO. So what we have to do is look at that evidence, assess it from a legal perspective, not just necessarily watch it, and figure out if we have to supplement our motions based on the documentation," said defense attorney Ed Mandery.
Also adding to the delay was a request from the prosecution to allow the accuser to make an impact statement at sentencing.
The defense argued against the request, saying she does not have that right, since the former officers were acquitted of raping the accuser inside her East Village apartment while she was drunk in 2008.
Jurors did convict the officers of official misconduct for returning to the apartment several times after helping her back home.
"She's had an opportunity to testify, she's had her day in court. She has a civil lawsuit pending, she'll have the opportunity to testify before a jury in that matter," said Mandery.
Meanwhile, City Council members, activists and others gathered outside the courthouse in Lower Manhattan to demand the maximum sentence be applied to the two men.
The group also called for accountability and an end to violence against women in the city.
"What is wrong with our justice system, what is wrong with our society to have a verdict that came out like this with overwhelming evidence," said Jean Bucaria of the National Organization of Woman, NYC.
"We recognize that it was very difficult for her and courageous for her to stand up and to charge two police officers with rape. We believe there was credibility in her story," said Brooklyn Councilwoman Letitia James.
Moreno and Mata each face up to two years behind bars.
Both men are due back in court on August 8.