The two former "Rape Cops" who were famously acquitted of rape and burglary last year are back in court to fight their misdemeanor convictions. Kenneth Moreno and Franklin Mata were accused of raping a 27-year-old in her East Village apartment in 2008, and after a controversial trial they were convicted only of three counts of official misconduct; Moreno was sentenced to one year in jail and Mata was sentenced to 60 days in jail and three years probation.
Both were fired by the NYPD and lost their pensions after the verdict. Though they admit to returning to the then-inebriated woman's apartment three times on the day of the accused rape—singing to her, spooning her and taking naps on her couch—they argue they are not guilty because prosecutors did not prove that they received any benefits for their misconduct, and they were therefore not in her apartment on any official basis. "If it's not related to your official duties, it's not misconduct," Mata's attorney, Edward Mandery, said in court. "Going to check up on a woman that is drunk is not part of their job, but it shouldn't constitute a crime."
It could take the court months to decide on the appeal. Last year Gothamist published a long-form non-fiction feature on the case written by one of the jurors, which gives readers a behind-the-scenes look at how the initial verdict came to pass.
