Franklin L. Mata is a police officer for the NYPD that sources have identified as one of two officers accused in association to an alleged December 7, 2008 rape of a New York City woman. The other officer is his partner, Kenneth Moreno, who is a 17-year veteran and married father of two. Although neither have been arrested, the two officers in question were put on modified desk duty beginning on December 19, 2008. Mata's partner is the one actually accused of the alleged rape.New York Post: 'Rape' Cops on Tape (March 2, 2009)
On March 3, 2009, the New York Post reported that Mata had admitted, through his lawyer, that Kenneth Moreno did have sex with the woman, but that it was consensual.New York Post: Partner of Rape Cop Says Sex Was Consenual (March 3, 2009) This story was later changed to non-consensual sex.The New York Times: Grand Jury Is Expected in Case of Woman Who... (March 4, 2009)
Alleged Rape
On December 7, 2008, a cab driver contacted the police about a drunk woman that had vomited in his cab in the East Village and needed help up to her apartment. The two officers in question arrived at the scene shortly before 1:00 a.m., and can be seen helping the stumbling woman up to her apartment via video surveillance cameras. According to time stamps on the video surveillance, they left seven minutes later, only to return at 1:59 a.m. They were let in by someone from the building the second time, and one of the officers visibly notices the camera. They are only inside for 17 minutes before leaving again. Then, at 2:59 a.m. the officers return with a key, but this time their faces cannot be seen as their backs are facing the camera.The New York Times: Two Officers Accused of Raping an Intoxicated Woman They... (March 1, 2009) It was during the third visit, which lasted 34 minutes, that the alleged rape is believed to have taken place.New York Post: Partner of Rape Cop Says Sex Was Consenual (March 3, 2009)
On the morning following the alleged assault, the woman told her friends that she had been raped the night before by a police officer. The owner of the bar that had the video surveillance cameras gave copies to the woman, who then turned them over to authorities.The New York Times: Two Officers Accused of Raping an Intoxicated Woman They... (March 1, 2009)
Investigation
The investigation, which began in December, resulted in both officers being put on modified desk duty. The Internal Affairs Bureau is conducting an investigation, and New York City Mayor Michael Bloomberg called the allegations "serious," saying Internal Affairs would be working hard on the case.The New York Times: Two Officers Accused of Raping an Intoxicated Woman They... (March 1, 2009) Although neither of the officers have been arrested, both men have lawyers. Through his lawyer, Franklin L. Mata has admitted that his partner had sex with the alleged victim, but that it was consensual. Investigators, however, do not buy this statement. Because there is video proof the woman is falling down drunk, it would not have been possible for her to give her consent.New York Post: Partner of Rape Cop Says Sex Was Consenual (March 3, 2009)
On March 4, 2009, the District Attorney's office said the case was likely to go before a grand jury in a few weeks. The New York Times: Grand Jury Is Expected in Case of Woman Who... (March 4, 2009)
