Top News Story! NYPD Rape Trial!
NYPD officers Franklin Mata (l) and Kenneth Moreno (r).
May 9, 2011
NEW YORK (WCJB) – New York City police officer Kenneth Moreno took the stand during his own trial Monday and told jurors he didn’t have sex with an intoxicated woman who has accused him of raping her after being called to help her get home. He did, however, admit to making a fake 911 call to police that evening to return to woman’s apartment, media sources reported. The officers helped the drunken woman to her apartment and then returned three times within hours. The woman said she passed out but awoke to being raped. Somber but forthcoming, Moreno took the stand as the key defense witness:
“Did you commit rape, Officer Moreno?” asked his lawyer.
“No,” Moreno said frankly.
“Did you have sex with (the woman)?”
“No,” said Moreno, who has been an officer for 17 years.
As media sources report, Moreno’s version of what took place with the woman was stunning.
(Moreno, pictured left, Mata, pictured right)“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,” Moreno testified.
An issue in this trial has been whether the woman was too drunk to say no and whether the cops should have called an ambulance instead of taking her to her apartment, the place of the alleged rape.
“I asked her what was going on. The cab driver said she was drunk. She heard what he said. She said, ‘I’m not drunk. I’m just sick,’” Moreno testified.
His lawyer then asked, “Did she respond to your questions?”
Moreno answered: “Yes she did. I told her, if you can’t stand on your own [I was going to have to call an ambulance]. She said she did not want to go to the hospital. ‘Then you’re going to have to stand up.’ She got up.”
Officer Moreno tried to show that his time with the woman was friendly. But he stunned many in the courtroom when he said he tried to comfort the intoxicated, vomiting woman with, “We talked about music. I even sang to her. I sang Bon Jovi’s ‘Living On A Prayer.’”
Video News Report
A.M. Trial Cross-Examination:
NEW YORK (WCJB) — Assistant District Attorney Coleen Balbert picked up where she left off Friday, aggressively cross-examining NYPD officer Franklin Mata about his partner’s alleged rape of a young, drunk, fashion executive inside her apartment in December 2008. When asked if he could recall anything that was said between the woman and his partner, Officer Kenneth Moreno, Mata testified she told Moreno: “No, she doesnt have a boyfriend,” and later, “I don’t want an ambulance.”
Balbert: “Was it flirty?”
Mata: “She was touching his arm. She was laughing. Giggling. It seemed flirty to me.”
Balbert then went after the cops’ characters, trying to get Mata to admit that he and Moreno intentionally lied to their superior officers by lying on a patrol log about their whereabouts during a lunch break and later placing a fake 911 call to buy them more time inside the apartment.
Balbert: “For that hour, you were not in the precinct stationhouse, were you?”
Mata: “No, we were not.”
Instead, surveillance video shows the officers returning the woman’s Village apartment yet again.
Mata testified that shortly after, his partner went into the bathroom to assist the woman as she tried to vomit.
Mata said about ten minutes later, while he was in the living room sitting on the couch, drowsy, the woman led Officer Moreno out of the bathroom, and into the bedroom where, prosecutors said, he raped the 29-year-old on her bed.
This is where the cross examination turned contentious, because Mata testified that’s exactly when he fell asleep for the next thirty minutes.
Balbert: “So you don’t know whether she was passed out?”
Mata: “I don’t know.”
Balbert: “You said in direct examination Ken did not commit any crimes. But isn’t it true you were asleep and didn’t know what was happening in that bedroom?”
Mata: “I know Ken. Ken wouldn’t do something like that.”
Balbert: “But he would commit a crime like making a false 911 call.”
Mata: “I didn’t know it was fake.”
Mata said he awoke when Moreno nudged him and said they were leaving. He didn’t ask his partner anything about what had happened, he said.
Mata and Moreno have been suspended until a Police Department review after their trial. If convicted, each could face up to 25 years in prison.
March 7, 2011
A judge scolded Manhattan prosecutors today for a grand jury evidentiary error that has caused a brink-of-trial delay for two cops accused in the on-duty rape of a drunken female club-goer. Officers Kenneth Moreno and Franklin Mata had been scheduled to sit through jury selection today in the scandalous rape and burglary case. The cops were set to fight career-ending, prison-risking accusations that they "helped" a beautiful, drunken 27-year-old fashion executive to her East Village apartment last year, with Moreno allegedly raping the woman as Mata stood guard.
Instead, prosecutor Randolph Clarke asked the trial judge for a two-week delay -- until March 21 -- so that the faulty rape and burglary indictment could be tossed and a new one voted by a second grand jury.
"The people are requesting March 21, your honor, based upon some evidence we discovered. We are seeking to re-present this to the grand jury," Clarke told Manhattan Supreme Court Justice Gregory Carro.
"But this is not new evidence," the judge responded -- noting that fault for the delay lies with the prosecution. "This is something you are trying to correct in the grand jury."
"Yes, your honor," Clarke said.
"I'm not sure why this took so long to figure out," Carro responded.
When the prosecutor promised to get a transcript from the second grand jury to the judge by Friday, March 18, so it could be reviewed in time for the trial to start the following Monday, the judge added, "In light of the fact that you are delaying the case I'd appreciate it."
The evidentiary error was not elaborated on in court by prosecutors. Moreno's lawyer, complained on the record only that, "This is something that has been in their [prosecutors'] possession for two and a half years." Both sides are barred by grand jury secrecy laws from describing the omitted evidence outside court.
The cops are insisting that no sex whatsoever happened in the woman's apartment, and that Moreno only admitted otherwise -- falsely -- into his accuser's hidden microphone because she repeatedly threatened to march up to Moreno's Ninth Precinct desk sergeant and "make a scene."
March 7, 2011
A former police officer and bus driver charged with aggravated child molestation pleaded guilty today in Floyd County Superior Court and was sentenced to 25 years in prison. Jeffery David Carter, 50, of 45 The Trail, Lindale, was arrested in November 2010. Carter pleaded guilty to one count of aggravated child molestation, enticing a child for indecent purposes and one count of statutory rape. He was was sentenced to 25 years in prison and a life term on probation.
His trial was scheduled to begin this week before Floyd County Superior Court Judge Jack Niedrach.
Carter, a former Rome police officer, was a Floyd County school bus driver and volunteer with the Civil Air Patrol and TigerFlight in Rome. It was at TigerFlight where police say Carter met the victim. Carter was denied bail in December. During that bail hearing a police officer reported that the victim told police Carter had sexual contact with her, including sodomy, in his home, vehicle and at the TigerFlight facility at Richard B. Russell Regional Airport. Carter also facing multiple charges in Cobb County including child molestation, sodomy, enticing a child for indecent purposes and furnishing alcohol to a minor, according to police.
A.A.Gen. Andrew Shirvell!
November 4, 2010
ANN ARBOR, Mich.—An assistant attorney general (pictured left) in Michigan who was accused of harassing a gay student assembly president at the University of Michigan has been allowed back on campus—with restrictions. The school and a lawyer for Andrew Shirvell say he can enter all public grounds and public events such as football games. But he's not allowed to have "physical or verbal contact" with student Chris Armstrong or be anywhere where he can reasonably anticipate Armstrong will be present.
Armstrong claimed Shirvell harassed him over a five-month period. Shirvell started a blog in April that regularly lambasted Armstrong as a racist with a "radical homosexual agenda."
Shirvell had appealed the university's decision to ban him from campus. Shirvell, who is on personal leave from his state job, faces a disciplinary hearing Friday.
Michael Bernard Wilson!
November 4, 2010
A Fulton County police officer has been arrested and charged with aggravated child molestation and rape, police said. Officer Michael Bernard Wilson, 30, was arrested Tuesday by DeKalb County police, Capt. Darryl Halbert with Fulton police told the AJC. The five-year veteran of the department has been suspended without pay, Halbert said.
The mother of a 12-year-old girl reported the crimes to DeKalb police, who secured arrest warrants against Wilson (pictured left) Officer Jason Gagnon said. Wilson, of Ellenwood, was arrested during a traffic stop, Gagnon said. He has been charged with two counts of child molestation, rape and false imprisonment, Gagnon said. The crimes date back to May 2010, according to DeKalb County jail booking records. Wilson was booked into the DeKalb jail, where he is being held without bond.
October 14, 2010
ALBUQUERQUE, N.M. (WCJB) - An Albuquerque police officer has been indicted on 26 sexual molestation counts. Police spokeswoman Sgt. Trish Hoffman says a grand jury handed up the indictment against officer Tank Guenther for criminal sexual penetration of a minor on Wednesday. He is accused of molesting a relative. He has been on administrative assignment and not working as a police officer since the allegations surfaced in June 2009. Hoffman says Guenther was placed on administrative leave Thursday. Guenther has not been arrested. His age wasn't available, but he has been an Albuquerque police officer since 2001.
June 17, 2010
SPRINGFIELD, MA – Cited by a judge as “the most sordid case I have ever heard,” a former city police officer was sentenced on Thursday to two consecutive life terms in state prison for the rape and sexual assault of three young girls. Pedro J. Martinez, a police officer for two decades before he resigned after his arrest last year, pleaded guilty in Hampden Superior Court to 21 sexual offenses. Some included allegations of incest involving attacks on two of his daughters. The case left its prosecutor choked with emotion as she described its facts to the court, including the investigators’ discovery at the police officer’s home of “hundreds, if not thousands” of examples of child pornography in the form of films and photographs that Martinez took.
Judge Cornelius J. Moriarty told Martinez he deserved significant punishment for “the utterly despicable and depraved acts that you committed.” The crimes involving his children occurred over a period of years ending in 2008, according to a prosecutor; the third victim was the child of an acquaintance and those crimes occurred more than 20 years ago when she was a child, the court was told.
The 49-year-old Martinez pleaded guilty to: two counts of incest; six counts of rape of a child; four counts of indecent assault and battery on a child under 14; three counts of posing or exhibiting a child in the nude in a lascivious manner; two counts of engaging a child in sexual conduct; two counts of indecent assault and battery on a person 14 years old or over; one count of rape; and one count of possession of child pornography.
We do not usually identify the victims of rape and sexual abuse, but the nature of incest charges identifies victims as family members of the accused.
The prosecution sought the consecutive life sentences because concurrent terms would have allowed Martinez to be eligible for parole after serving 15 years, assistant district attorney Karen J. Bell said. It was Bell who provided the judge with a narrative of the offenses and what investigators found at Martinez’s home.
Martinez’ lawyer recommended a 10- to 12-year sentence, telling Moriarty his client acknowledged he is sick and looks forward to treatment while he is incarcerated. He said Martinez had served well as a police officer, but had another life caused by his illness. “He was unable to control himself,” the attorney said.
His attorney also told the court Martinez had wanted to plead guilty from the day he was arrested to spare his victims from enduring “anything additional” in the court system. But, the defense lawyer said it had been his ethical duty as an attorney to file certain motions on his client’s behalf before proceeding.
In his sentencing, Moriarty said he considered the fact that Martinez would use the sex crimes to punish the children or as a requirement if they wanted to be allowed to do certain activities or buy things. One mother, in an impact statement for the judge, said that while she recognized Martinez is sick, “I hope he never sees the light of day.” Bell said the now-adult victim in the case told the prosecution that she had waited 20 years for justice and also hoped Martinez is never released from prison. Moriarty praised the “extra courage and grace” of the two victims who were in the courtroom and noted that their expressed forgiveness of Martinez “is extraordinary.”
Martinez, who was housed at the Franklin County Correctional Center in Greenfield while awaiting prosecution, will be credited with the 455 days he served toward his sentence.
Update - March 22, 2009:
Authorities say two more underage girls came forward alleging Martinez raped them. Search warrants uncovered a stock pile of child pornography and other evidence that lead police to connect Martinez with the rape allegations. Martinez is now behind bars at the Springfield Police station until his arraignment in court on Monday.
February 23, 2009
SPRINGFIELD, Mass. (WWLP) - A Springfield police officer has been arrested on rape and incest charges.
Sergeant John Delaney of the Springfield Police Department told 22News Officer Pedro Martinez, 47, has been charged with three counts of rape of a child with force and three counts of incest.
Police Commissioner William Fitchet has suspended Martinez for five days without pay pending his grand jury indictment, which will result in suspension without pay until the outcome of his trial.
Marc Javier Diaz
Anthony T. Miller
Wilton Police Officer Barone update: Andrew Barone was a Central Connecticut State University (CCSU) student from 2004 to 2008. Officer Barone was hired by the Wilton Police department in January 2008. CCSU police have charged Officer Barone with second-degree sexual assault, three counts of third-degree computer crime, eight counts of breach of peace and one count of sixth-degree larceny, according to court records. He is free on $150,000 bond and is scheduled to appear March 13, 2009 in Superior Court in New Britain. According to an arrest warrant affidavit, Barone’s ex-girlfriend and her sister, who was 16 at the time of the alleged incident, described to police a night of heavy partying about three years ago at CCSU that ended with all three of them falling asleep in a dorm room. The sister said that at some point during the night, Barone left the bed he was sharing with his girlfriend and sexually assaulted her. The younger woman also told police Barone had previously touched her inappropriately when he was visiting her sister at their home. Officer Barone told police that his girlfriend’s sister had been jealous of their relationship and had told lies about him. He said he had passed a polygraph test to become a police officer, which included questions about sexual deviation. Officer Barone also is accused of posting nude photos on the Web of a female student while on campus in December 2008, McLaughlin said. The arrest warrant affidavit on those charges has yet to be released.
• Cops that Sexually Offend! (Part I)
• Cops that Sexually Offend! (Part II)
• Sexually Offensive Cops! (Part III)
• Cops that Sexually Offend! (Part IV)
• Cops that Sexually Offend! (Part V)
• Cops that Sexually Offend! (Part VI)
• Cops that Sexually Offend! (Part VII)
• Cops that Sexually Offend! (Part VIII)
• Cops that Sexually Offend! (Part IX)
• Cops that Sexually Offend! (Part X)
• Cops that Sexually Offend! (Part XI)
• Cops that Sexually Offend! (Part XII)
• Cops that Sexually Offend! (Part XIII)
• Cops that Sexually Offend! (Part XIV)
• Cops that Sexually Offend! (Part XV)
Cops that Sexually Offend