Two New York police officers were found not guilty of raping an intoxicated woman after helping her back to her apartment, although they were found guilty of official misconduct for making a fake 911 call at a nearby payphone.
The trial of Kenneth Moreno and Franklin Mata hinged on what exactly occurred when the officers escorted the woman back to her apartment in December 2008. Moreno maintained that he simply cuddled with her, while the woman produced a tape from a conversation the day after in which he seemed to acknowledge using a condom while also denying repeatedly that they had had sex.
Moreno noted that the prosecution never found damning DNA evidence and said the trial should have ended there.
I thought she made the whole thing up, he said.
The officers admitted placing the call on the payphone to have a justification for entering the woman's apartment. Official misconduct is a misdemeanor carrying a maximum sentence of two years.