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Woman Says Her 'Heart Broke' After Cops' Rape Acquittal

By Patrick Hedlund | May 31, 2011 6:22pm | Updated on June 1, 2011 7:05am
Kenneth Moreno (l.) and Franklin Mata (r.) address reporters outside Manhattan Supreme Court, May 26, 2011, after being acquitted of rape charges.
Kenneth Moreno (l.) and Franklin Mata (r.) address reporters outside Manhattan Supreme Court, May 26, 2011, after being acquitted of rape charges.
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DNAinfo/Paul Lomax

By Patrick Hedlund

DNAinfo News Editor

MANHATTAN — The woman who accused two police officers of raping her in her East Village apartment spoke about the case Tuesday, just days after the pair was acquitted of the charges.

The alleged victim, whose identity is being kept confidential, said her "heart broke" when the jury found officers Kenneth Moreno and Franklin Mata not guilty of raping her inside her former East 13th Street apartment after police were called to escort her home from a cab following a night out drinking with her friends.

"I have waited two and half years for closure that will now never come," said the woman, who moved out of New York City shortly after the 2008 incident.

"Hearing that verdict brought me to my knees; it brought me back to my bedroom on that awful night when my world was turned upside down by the actions of two police officers who were sent there to protect, but instead took advantage of their authority and broke the law."

From left: Attorney Joseph Tacopina, Officer Kenneth Moreno, Officer Franklin Mata and Attorney Edward Mandery exit Manhattan Supreme Court Thursday after Mata and Moreno were found not guilty on rape charges.
From left: Attorney Joseph Tacopina, Officer Kenneth Moreno, Officer Franklin Mata and Attorney Edward Mandery exit Manhattan Supreme Court Thursday after Mata and Moreno were found not guilty on rape charges.
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DNAinfo/Andrea Swalec

Former NYPD Officer Kenneth Moreno, who was accused of raping the woman while his partner stood guard, told reporters immediately following the verdict that "she made the whole thing up" and testified previously that he sought to comfort the alleged victim as a former alcoholic himself.

Moreno's wife reportedly called the woman a liar who made up the story to cash in on a civil lawsuit.

The accuser's attorney, Yasmin Saeed, said she would move forward with a civil case against the NYPD.

"The civil case will go forward as planned," said Saeed, of the law firm Bauman Katz & Grill LLP. "Obviously we're shocked by the results of the criminal trial."

The woman's entire statement appears below:

I know that in a criminal trial a verdict of not guilty does not necessarily mean the defendants were found innocent, but I am devastated and disappointed by the jury's decision. I have waited two and half years for closure that will now never come. Hearing that verdict brought me to my knees; it brought me back to my bedroom on that awful night when my world was turned upside down by the actions of two police officers who were sent there to protect, but instead took advantage of their authority and broke the law.

Everything they say about the difficulties of a rape trial is sadly true. One's word is not enough in these days of CSI and DNA. Even if people believe you, you are tested beyond what any crime victim should have to endure. While on the witness stand, the defense attorneys seek to shame and humiliate you for hours, even days, with deeply personal questions about your body, your intimate life and your social life simply because you dare to come forward. How saddening, how utterly disheartening. 

I want people to know I take great comfort and express my thanks in the swift action from Mayor Bloomberg and Police Commissioner Kelly to fire Misters Moreno and Mata from service immediately following the verdict. Thank you both for making such a strong statement that this City will not tolerate criminal actions by its police officers. Not a single officer in uniform sat behind the defendants when I testified. That speaks volumes. I know there are thousands of real and good New York City police officers who would have acted very differently that night.

I want to especially thank Coleen Balbert, Edward Tacchi, Randolph Clarke, Dianne Spence and the entire District Attorney's Office. I cry as I write this because I know they are hurting just like me, and because I know that beyond just doing their jobs, they are real people who care. I have spent countless hours over two and half years with these people and I am blown away by their dedication to fight for truth and justice. Before the jury went into deliberation, I told Coleen this has been personal for me, and their endless efforts to help me has meant the world. And even after this shocking ending, I mean that still, I will love them forever. When Ed told me after the verdict, "I am saddened for this injustice, and so sorry to you for this failure," I lost it. My heart broke. What I can only say about Ed, Randolph and Coleen is that they did the best for me, they are the best to me, and to so many others they have touched. What sets them apart, makes them best-in-class, is their heart. They gave me a voice after a night when I had none. 

To my friends and family, you are the silver lining of this, you keep me going. I am also so amazed and touched by the thousands of people who have expressed their outrage at what happened to me. How amazing are the people of New York City, and all over the country, to speak up in my honor. Thank you so much. I am overwhelmed by your support. I want you to know that if I could I would shake your hand, I would hug you, and I hear you. For me, public opinion will be the ultimate verdict.