By Shayna Jacobs
DNAinfo Reporter/Producer
MANHATTAN SUPREME COURT — The fate of two police officers on trial for the 2008 alleged rape of a drunk woman in the East Village is now in the hands of 12 Manhattan civilians.
Jury deliberations began late Wednesday morning in the trial of Kenneth Moreno, 43, and his partner Franklin Mata, 29. The pair each face a total of 15 counts of rape, burglary, official misconduct and falsifying records and could face up to 25 years if convicted.
The jury, comprised of seven men and five women, received instructions on the the law pertaining to each of the 15 counts they face before heading into a back room to deliberate just before noon.
They came back with their first question for the judge just before 4 p.m., asking if they could have a copy of the transcript of the tape-recorded phone call and meeting that prosecutors arranged between the alleged victim and Moreno in the days after the alleged attack.
They also asked for a copy of the judge's instructions on deliberating, but by law they're not allowed to have a hard copy of the instructions, only a verbal reminder.
Moreno allegedly stripped off the drunk woman's pantyhose and raped her in her bedroom while Mata stood guard and answered calls from dispatch to their radio.
The officers were caught on security camera entering the alleged victim's East Village apartment a total of four times on Dec. 7, 2008 between about 1 a.m. and 5 a.m., prosecutors said. Moreno claimed on the stand that he was a recovering alcoholic and felt like he needed to keep the victim company as she sobered up.
Jurors were told in order to find the officers guilty of first-degree rape, the top charge, they must decide that sex actually took place between the alleged victim and officer Moreno, a subject of contention since there is no physical evidence of the rape. Jurors must also rule that the woman was helpless and unable to consent "beyond a reasonable doubt," which could be covered if they believe she was too drunk.
The alleged victim, a 29-year-old clothing company professional, testified last month that she woke up to Moreno having sex with her as she lay unable to move. She floated in and out of consciousness and was so intoxicated her body felt like "dead weight," and she was unable to move, she testified.
The story the officers gave on the witness stand is vastly different from what the woman said. Moreno testified he never had sex with the victim, only "snuggled" with her. He also testified he never told his partner or anyone else what happened because he doesn't "kiss and tell."
Mata testified that he was dozing off on the couch and that Moreno never told him that anything took place in the bedroom.
The trial, which played out before Manhattan Supreme Court Judge Greogry Carro, opened on April 4.
