By Shayna Jacobs
DNAinfo Reporter/Producer
MANHATTAN SUPREME COURT — A woman who was allegedly raped by a pair of police officers while she was stumbling drunk said the officers tried to track her down at her mother's house in California weeks after the incident, the woman testified Monday.
The woman, who was trembling on the witness stand as she told the story in her third day of testimony, said she has no solid proof that police officer Kenneth Moreno was the deep-voiced caller with a New York accent, but that she believed it with all her heart.
"My mother received a call at her house. It was a New York accent. It was a man and he said 'This is the police' and he asked for me," said the 29 year old. "No matter what, I believe that it was him."
The woman said she believed the officers could have found her mother's address, where the alleged victim hasn't lived since she was 18, from her driver's license as they rummaged through her paperwork and belongings during one of four visits to her apartment on Dec. 7, 2008, the night of the alleged rape.
Prosecutors said they were never able to officially determine who the caller was because they did not get cooperation from California authorities to subpoena the phone company records.
The call, the woman said, was placed on Dec. 26, after she'd relocated from New York for work. She was allegedly raped after her going-away party.
Moreno, 43, allegedly took off the woman's clothes and took advantage of her while she was passed out after she'd been vomiting profusely. His partner Franklin Mata, 28, waited outside the bedroom at the woman's East 13th Street apartment.
Defense lawyers had opened the line of questioning about the alleged call to her mother's house when they brought up the notice of claim in her $57 million lawsuit against the city and the officers.
The claim noted that the officers called her mother's home, but the allegation was dropped by her civil attorneys when it was clear they would not get solid proof.
The defense attorneys, Joe Tacopina and Edward Mandery, have argued she concocted the whole story to profit from a large settlement or civil jury award.
The woman wrapped up three days of gruelling testimony Monday.
"Thank you for listening," she told the courtroom as she left.
On Monday afternoon, an emergency room doctor who treated the woman at Beth Israel hospital the day of the alleged rape testified that he found an abnormal redness on her cervix, the physician Burnell Brunious said.
That evidence was inconclusive though, he said, and his medical observation was not necessarily evidence of sexual contact, forced or otherwise, he testified.
Testimony will resume on Tuesday in what is expected to be a month-long trial in Manhattan Supreme Court.
