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Woman Who Accused Cops of Rape is Out for Money, Attorney Says

By DNAinfo Staff on May 16, 2011 5:08pm  | Updated on May 17, 2011 8:09am

Police officers Kenneth Moreno (l.), 43, and Franklin Mata (r.), 28, are on trial for an alleged  rape of an East Village woman in 2008.
Police officers Kenneth Moreno (l.), 43, and Franklin Mata (r.), 28, are on trial for an alleged rape of an East Village woman in 2008.
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DNAinfo/John Marshall Mantel

By Shayna Jacobs

DNAinfo Reporter/Producer

MANHATTAN SUPREME COURT — A lawyer for a police officer who allegedly served as a "lookout" while his partner allegedly raped a drunk woman suggested Monday that the accuser pressed charges so she could win a multimillion-dollar settlement from the city.

The woman, who says she was raped by Officer Kenneth Moreno, 43, while Officer Franklin Mata, 28, stood watch, filed a $57 million lawsuit against the city and the NYPD after the alleged incident.

During his closing arguments Monday, Mata's attorney, Edward Mandery, said the fashion executive is out for money.

"She's a woman who's got a very significant lawsuit — a significant jackpot," said Mandery.

He also said that the prosecution's case was weak because no forensic evidence was found that links Moreno or Mata to a rape.

"There are more holes in this case than a slice of swiss cheese," Mandery said, according to the Daily News.

The officers made a total of four trips to the woman's apartment between about 12:30 a.m. and 5 a.m. on Dec. 7, 2008, after their first visit in response to a call that an intoxicated woman needed help getting out of a cab.

On the wintess stand, the woman testified the only reason she filed the suit was to hold the officers accountable for what they did.

She said she woke up to Moreno "penetrating" her from behind while she lay helpless after throwing up repeatedly from drinking too much.

But Mandery insisted there is no proof she was actually raped. There's also no proof she was physically helpless at the time because her memory of much of the night was erased due to alcohol-induced blackouts.

The prosecution is expected to deliver their closing arguments on Tuesday morning.

The officers, each charged with rape, burglary and official misconduct, face up to 25 years in prison if convicted.