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Deliberations Continue in Trial of East Village Cops Accused of Rape

By DNAinfo Staff on May 19, 2011 12:25pm

Kenneth Moreno arriving at court on Thursday.
Kenneth Moreno arriving at court on Thursday.
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DNAinfo/John Marshall Mantel

By Shayna Jacobs

DNAinfo Reporter/Producer

MANHATTAN SUPREME COURT — Jurors in the rape trial of two East Village cops have asked to look at evidence regarding alleged misconduct while they were on duty.

During the first full day of deliberations, the jurors asked Thursday to see the memo book of police officer Kenneth Moreno, 43, accused of having sex with a drunk woman as she lay unconscious and helpless on her bed on Dec. 7, 2008.

They also asked to see records of the officers signing out of the precinct to go on a meal break and the NYPD patrol guide that dictates when they should be filling out an "aided card" for someone who needs medical assistance.

The officers are accused of covering up their four trips to the woman's apartment by fudging official department records and failing to call an ambulance for the extremely inebriated woman.

Franklin Mata on his way into the courtroom Thursday.
Franklin Mata on his way into the courtroom Thursday.
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DNAinfo/John Marshall Mantel

Both are charged with failing in their official duties on the night of the alleged rape.

Moreno's partner, Franklin Mata, 29, is also charged with rape for allegedly standing guard while the older officer allegedly attacked the woman, a 27-year-old clothing company professional who gave tearful testimony about her experience last month.

The jurors, seven men and five women, also asked to end deliberations slightly early on Thursday, at 4:00 p.m., a possible indication that they don't believe they will arrive at a verdict until at least Friday.

On Wednesday, after hearing nearly seven weeks of testimony and arguments, they began the first day of deliberation at about 11:45 a.m.

The officers face up to 25 years in prison if convicted of rape.  Official misconduct carries up to a year in jail.

They are charged with rape, burglary for allegedly entering the apartment without permission, official misconduct, falsifying records and criminal facilitation.