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Kenneth Moreno

From EverybodyWiki Bios & Wiki



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This article qualifies under above-indicated subsection 2. The crime or the execution of the crime is unusual—or has otherwise been considered noteworthy—such that it is a well-documented historic event, indicated by sustained coverage of the event in reliable secondary sources which persists beyond contemporaneous news coverage and devote significant attention to the individual's role. This is self-evident, reflected in the 30 refs to this article. I have difficulty imagining why one would read those refs, and not see it as obvious - this is certainly not limited to "routine" and "contemporaneous" news coverage of one event. It is non-routine. And spans half a decade.2603:7000:2101:AA00:894B:9C69:E769:856B (talk) 18:30, 25 November 2023 (UTC)
Kenneth Moreno
Born1967/1968 (age 56–57)
💼 Occupation
Former police officer
📆 Years active  1991-2011
👔 EmployerNew York City Police Department ("NYPD")
Criminal statuscompleted nine months in Riker's Island

Kenneth Moreno (born 1967/1968 (age 56–57))[1] is a former police officer of the New York City Police Department ("NYPD"). He was indicted in 2011, on counts of rape, burglary, falsifying business records, and official misconduct.[2] The charges stemmed from his conduct toward a Manhattan, New York, woman whom he and his patrol partner had been dispatched to assist.[2] Moreno his patrol partner were convicted in New York Supreme Court, New York County, on three counts of official misconduct, and acquitted on all other charges.[2] Moreno was sentenced to one year in prison, and his partner was sentenced to 60 days.[2]

Biography[edit]

Moreno is a former officer of the New York City Police Department ("NYPD"), whose service in the NYPD began in April 1991.[3] He is married, with two children, and the family lives in Park Slope, Brooklyn.[4][5] Moreno said he became alcoholic after stress over the Sept. 11, 2001 terror attacks and a custody battle over his daughter, but beat the addiction with counseling in 2002.[6]

Events of December 7, 2008[edit]

On December 6, 2008, Moreno (41 years old at the time; a 17-year NYPD veteran) and his patrol partner Franklin L. Mata (27 years old, and an officer for three years) were police officers on patrol during the late shift in the 9th Precinct in Manhattan, New York City.[7][8][9][10] They were dispatched to respond to a taxi driver's 911 call, reporting an intoxicated, incoherent, and vomiting female passenger who was unable to get out of the driver's taxi.[11][8][9][10][2][12] The officers were asked to escort the woman to her apartment.[13]

At 1:10 AM, Moreno and Mata assisted the passenger in getting out of the taxi in front of her apartment building, and escorted her upstairs to her apartment. The passenger was a 27-year-old fashion product designer for The Gap Inc., who had been out drinking at a job promotion and going-away party for her that night with her friends in Park Slope, Brooklyn. The police officers initially left a few minutes later.[14][15][16][17][18][5][9][10] The woman, who was vomiting, asked them to return, and asked them to take her keys to her building and her fifth floor apartment, on East 13th Street in the East Village neighborhood of Manhattan.[19][5][9][10][13]

Although not assigned to do so, and while giving their command false information as to their whereabouts, while still on duty the two police officers returned three additional times that night to the woman's apartment within hours, as was reflected on security camera footage.[20][21][10] The officers didn't tell police dispatchers where they were as they returned to her apartment three times.[15] During one of their entries, the officers falsely assured the woman's neighbor that they were investigating a report of a prowler.[10] The officers made their first return visit at 2 A.M, staying for 17 minutes.[14] They made their next return visit at 3 AM, staying for 33 minutes.[14] The officers made their third return visit at 4:27 AM, stayed for 40 minutes, and left the apartment the final time at 5:07 AM.[14]

The events that occurred in the apartment were later disputed, and were the subject of charges of which the officers were acquitted.[10]

The next morning the woman reported the incident to prosecutors, and was treated at Beth Israel Hospital.[9]

Ten days after the alleged attack, working with the Manhattan District Attorney's office, the woman confronted Moreno outside his precinct house for 20 minutes while she was secretly wearing a wire.[15][12] She said to Moreno: "Tell me did you use a condom? I just have to know; that is my biggest concern," and asked him several times before he eventually responded: "Yes I did."[12] In the tape the woman also said: "I remember waking up on the bathroom floor and you giving me water. The next thing [I know] I'm in my bed and you're taking my clothes off and having sex with me."[12] Moreno also said: "It wasn’t done intentionally. I didn’t mean to hurt you. I just got caught up. I’m sorry."[18] In the tape Moreno told the woman he would be her boyfriend if she stopped drinking, to which she responded: "Are you kidding me?"[12]

Indictment and trial[edit]

Moreno was indicted on March 16, 2011, with regard to their conduct that night on counts of raping the woman, burglary, falsifying business records, and official misconduct.[2] Mata was accused of standing guard outside the woman's apartment during the alleged rape.[12] The officers insisted they had not raped her. Moreno admitted only to snuggling with the woman while she was naked but for a bra.[21]

At a two-month jury trial in 2011, the woman testified that Moreno had raped her from behind, leaving her with a bruised cervix.[21][17][22][12]

Moreno testified that he made a fake 911 call to police that evening to return to the woman's apartment.[20]

Moreno testified:

She told me to come over to the bed. I said 'I'm good where I'm at.' She only had a pink bra on. She came over to me and asked me if I liked her. She tried to kiss me, but I smelled the alcohol. I said 'you don't like me.' She got upset. I kissed her forehead. She took my hand and put it on her stomach and turned so my hand was on her lower back. She started moving her buttocks around my groin area. It was getting crazy. This was totally unexpected. I kind of pushed her away. I said there's another time for this. She looked at me. I held her on the shoulders and said we're not doing this. She got upset... She said I want you to stay. I said you want me to stay? She said, yes, stay with me. She just wanted to be held. So I held her.[20][6]

On August 10, 2011, after the jury of seven men and four women considered the evidence for seven days, Moreno and Mata were convicted in New York Supreme Court, New York County, on three criminal counts of official misconduct, and acquitted on all other charges.[23][13][21][2][10] One of the jurors later explained in an essay that the jurors did not doubt the woman's testimony that she was woken up by being penetrated sexually; however, thought they believed that this constituted sex, they did not believe that it constituted rape.[24] The National Organization for Women established an online petition asking that the two men be given the maximum sentences.[25]

Moreno was sentenced to three concurrent terms of one year in prison, one for each count of which he was convicted with the judge saying to him: "During your testimony, you told a story that was incredible."[13][26] Mata was sentenced to concurrent terms of 60 days, with 3 years' probation.[2][10] New York City Police Commissioner Raymond W. Kelly said the officers, who had been suspended without pay, were fired immediately.[21][13]

Moreno and Mata appealed, but in November 2012 a New York State appeals court upheld their convictions.[27] Moreno then asked federal judge Richard J. Sullivan to allow him to remain free on bail while the judge considered a motion to overturn Moreno's conviction, but in December 2012 the judge declined, saying Moreno had committed a final act of “chutzpah” in trying to further delay serving his jail sentence.[28]

Moreno served nine months behind bars at Riker’s Island.[29][30]

Aftermath[edit]

After prison, Moreno has worked as a general contractor at construction sites.[29]

In July 2014, Moreno filed a $175 million false arrest lawsuit against the woman and New York City.[29] He said she falsely accused him of rape.[29]

References[edit]

  1. ↑ Eligon, John (May 10, 2011). "In Rape Trial, Officer Calls Woman the Aggressor and Says They Only Snuggled". The New York Times.
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Nina Gershon (January 28, 2015). "Opinion, Moreno v. City of N.Y., 14-cv-6062 (NG)". Casetext.
  3. ↑ "Kenneth Moreno, Badge #11910, Hispanic Male". 50-a.org.
  4. ↑ Eligon, John (May 30, 2011). "For Ex-Officer's Wife, Anger at His Accuser and Tears at an Upended Life". The New York Times.
  5. ↑ 5.0 5.1 5.2 Hauser, Christine; Moynihan, Colin (April 28, 2009). "Two Police Officers Are Arraigned on Charges of Raping Drunken Woman". The New York Times.
  6. ↑ 6.0 6.1 "Cop Accused of Rape Says Woman Tried to Seduce Him". DNAinfo New York. May 9, 2011.
  7. ↑ Eligon, John (August 10, 2011). "2nd Ex-Officer in Rape Case Is Sentenced for Misconduct". The New York Times.
  8. ↑ 8.0 8.1 "NYPD cops charged in rape of drunken woman they escorted home". The Daily News. April 29, 2009.
  9. ↑ 9.0 9.1 9.2 9.3 9.4 "NYPD officers accused of raping drunk woman; A New York police officer called to help a drunken woman get home safely has been accused of raping her as she lay semiconscious and covered in vomit and as his partner stood as a lookout". NBC News. April 28, 2009.
  10. ↑ 10.0 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 Mazzarelli, J.P., Friedman, Catterson, Freedman, JJ. (November 8, 2012). "People v Moreno". Justia Law. New York Appellate Division, First Department.CS1 maint: Multiple names: authors list (link)
  11. ↑ "Alleged cop-rape surveillance tape and 911 call". The New York Daily News. 7 April 2011 – via youtube.com.
  12. ↑ 12.0 12.1 12.2 12.3 12.4 12.5 12.6 "Cop Accused of East Village Rape Admitted Using Condom, DA Says". DNAinfo New York. February 28, 2011.
  13. ↑ 13.0 13.1 13.2 13.3 13.4 Eligon, John (August 8, 2011). "Ex-Officer in Rape Case Gets Jail Term for Misconduct". The New York Times.
  14. ↑ 14.0 14.1 14.2 14.3 Patrick Hedlund (April 8, 2011). "Alleged 'Rape Cops' Didn't Report Return Trips, 911 Dispatcher Says". DNAinfo New York.
  15. ↑ 15.0 15.1 15.2 "NYPD officers Franklin Mata, Kenneth Moreno acquitted of rape in '08 encounter". silive. May 26, 2011.
  16. ↑ Copeland, Libby (April 15, 2011). "The Disturbing Transcript in the NY Rape Cop Trial". Slate.
  17. ↑ 17.0 17.1 "Accuser in Kenneth Moreno, Franklin Mata 'rape cops' details alleged attack on stand". The Daily News. April 15, 2011.
  18. ↑ 18.0 18.1 Gray, Rosie (February 20, 2011). "Cops Accused of Raping Woman Still On NYPD Payroll". The Village Voice.
  19. ↑ "Police Blotter; Cop rape trial opens". amNewYork. April 19, 2010.
  20. ↑ 20.0 20.1 20.2 "NYPD Officer Moreno Denies Raping Drunken Fashion Executive". CBS News. May 9, 2011.
  21. ↑ 21.0 21.1 21.2 21.3 21.4 Eligon, John (May 26, 2011). "Two New York City Police Officers Acquitted of Rape". The New York Times.
  22. ↑ "Woman Accusing NYC Cops Frank Mata, Kenneth Moreno Of Rape, Cross-Examined". CBS News. April 15, 2011.
  23. ↑ "The CSI Effect: Lack of DNA Evidence Spared Cops Accused of Rape". DNAinfo New York. May 27, 2011.
  24. ↑ Hänel, Hilkje C. (December 1, 2022). "Problems of conceptual amelioration: The question of rape myths". Journal of Social Philosophy. 53 (4): 535–555. doi:10.1111/josp.12381 – via CrossRef.
  25. ↑ Eligon, John (June 27, 2011). "Lawyer Takes Opposing Roles in Two Rape Cases". The New York Times.
  26. ↑ Joseph Ax (August 8, 2011). "Former cop gets prison for misconduct with drunk woman". Reuters.
  27. ↑ Jason Fisher (November 8, 2012). "Two NYPD cops, acquitted of raping woman in her apartment, going to prison". The Daily News.
  28. ↑ Buettner, Russ (December 21, 2012). "Ex-Officer Loses His Bid to Delay Serving Jail Term". The New York Times.
  29. ↑ 29.0 29.1 29.2 29.3 Marzulli, John (July 31, 2014). "Struggling ex-NYPD 'rape cop' files $175M lawsuit against accuser". The Daily News.
  30. ↑ Grove, Lloyd (September 26, 2014). "Can This Female Crime Fighter Save NFL?". The Daily Beast.

External links[edit]


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