If it's not one thing, it's another! First not-guilty cop Kenneth Moreno loses his job after being accused of rape (when all he did was spoon with a half-naked drunk woman in her bed), now they're on his case for the heroin they found in his locker. Can't an exonerated "rape cop" catch a break? You may recall that when the allegations against Moreno and his partner Franklin Mata surfaced, investigators found some horse in the locker, for which Moreno still has to answer—that is, if the DA decides to prosecute. Of course, Moreno's lawyer has a very simple explanation for all this.
"It wasn't his," attorney Joseph Tacopina tells DNAinfo. He claims that the locker was shared by Moreno and another officer, so maybe they belonged to the other guy? Tacopina doesn't know for sure whose smack that was, but he swears Moreno, a recovering alcoholic, isn't on the spike. In addition to the narcotics, investigators found two red Bic lighters, three toothbrushes, a Lifestyle condom, a New Jersey drivers license, and a Yankees t-shirt, according to court documents obtained by DNAinfo.
The drug case remains open and on the docket, but the DA has not said whether Moreno will be prosecuted. He's still awaiting sentencing, along with his partner, on charges of official misconduct, which could get them up to two years in prison. The sentencing was supposed to have taken place at the end of last month, but the defense asked for a postponement in order to review review material from an HBO documentary about the Manhattan DA's sex crimes unit.
No footage related to the sensational case was included in the final documentary, but lawyers for the ex-cops wanted time to watch footage that was edited out. Now Tacopina says he'll seek a mistrial, because he believes the footage may include information about the case that prosecutors failed to turn over to the defense, as required.
Update (9/9/11): Gothamist has published a long-form feature about the Rape Cop case, written by one of the jurors. It takes you behind the scenes during their deliberations, and explains how they came to their controversial verdict. Buy it today as a PDF or on Kindle.
