Acquitted of Rape, NYPD Ex-Cop Still Going to Jail

Franklin Mata, left, and Kenneth Moreno, via AP Images
Adam Martin 498 Views Aug 8, 2011

The former New York City police officer acquitted of raping a drunk woman he escorted home while on duty has been ordered to serve one year in jail on the misdemeanor charge of official misconduct. Kenneth Moreno, 43, dodged rape and burglary charges in May, along with his partner, 29-year-old Franklin Mata. Moreno had been accused of having sex with a fashion executive the pair brought home after she got too drunk during a night out celebrating a promotion. Mata was accused of aiding by standing watch. Protests erupted in New York when a jury found, on May 26, that there wasn't enough evidence to convict the pair on rape charges, nor burglary charges for allegedly taking the woman's keys. They were both found guilty of official misconduct, a misdemeanor, and promptly kicked off the force. Moreno said in his defense that he did lie in bed with the naked woman, but didn't have sex with her. The New York Post reported on Monday that the woman who accused the pair sat in the front row of court and appeared to sob during their sentencing, at which an angry judge berated Moreno. "You're a trained police officer," the judge reportedly said. "It's not too far a stretch to believe that you couln't avoid being in that bed with a naked female." Moreno walked into custody from the courtroom. Mata is also due to be sentenced on Monday.

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