Ex-NYPD Officers Acquitted of Rape Want Misconduct Charges Tossed

Two former NYPD cops acquitted of rape charges want their misconduct convictions thrown out in the trial of a woman who accused them of raping her as they helped her into her East Village apartment.

Lawyers for ex-officers Kenneth Moreno, 43, and partner Franklin Mata, 29,filed papers Tuesday asking a judge to toss their misdemeanor charges for technical reasons.

Defense attorneys also said they wanted to review un-aired footage related to the case from an HBO documentary that featured Manhattan District Attorney's sex crimes unit. The next court date has been scheduled for August 8.

The pair face no jail time or up to two years after they were found guilty of misconduct for returning to the woman's apartment multiple times on December 7, 2008. They were found not guilty of sexual assault.

Moreno was accused of raping the drunk woman while Mata served as lookout.

The jury took seven days to reach a verdict during the weeks-long trial in which it heard graphic details of the case — including tearful testimony from the accuser who claimed she awoke to being raped after she passed out drunk in her apartment.

"Obviously, if I could go back I wouldn't have done it," Moreno said outside Manhattan court following the verdict last month. "I went there with all sincerity to help somebody. From the purest of my heart's my intentions were from the beginning just to help her."

Moreno claimed he lay with the woman in her bed but did not have sex with her. Mata said he was napping on the couch in the woman's apartment. No DNA evidence linked the officers to the scene.

With the Associated Press