Woman Accusing NYC Cops Frank Mata, Kenneth Moreno Of Rape, Cross-Examined
NEW YORK (CBSNewYork) -- The woman accusing two New York City cops of rape returned to the witness stand Friday for cross-examination.
WCBS 880's Irene Cornell: The Defense Attacked The Alleged Victim's Memory
Defense attorneys immediately zeroed in on how much the woman had to drink the night she said two cops -- officers Kenneth Moreno and Frank Mata -- raped her inside her East Village apartment.
PHOTO GALLERY: Evidence Submitted By Prosecutors In Court
She testified to drinking wine with lunch, then later half a bottle of champagne, a shot of jagermeister and at least one vodka drink. It was enough, she said, to affect her memory.
"I remember being on a dance floor," she said. "The next memory is being in the backseat of a cab throwing up."
TRANSCRIPTS: Controlled Call Between Accuser And Officer | Controlled Meeting Between Accuser And Officer (WARNING: VULGAR LANGUAGE)
Defense Attorney Joseph Tacopina then centered on that memory loss. The woman admitted she was intoxicated and didn't remember much about the night of the incident in December, 2008. Tacopina asked a series of questions about how she got home.
1010 WINS' Juliet Papa reports: The Accuser Is Back On The Stand
"You have no recollection of that cab ride at all?" he asked.
"No," the plaintiff answered. She then clarified: "I remember being in a cab. I remember two police officers helping me in the hallway. And I remember being raped by them."
The alleged victim came off as articulate and strong when pressed by the defense. At one point, Tacopina asked her if she recalls telling a friend via email that she was 'OK.'
The woman responded to the question saying "My friend was in London. Three thousand miles away. I wanted her to know that I was 'OK'" She explained the email further stating "when something like this happens to you, the shock is so severe. You tell people you're OK even though you're not. Because you're trying to get through it."
The woman said Thursday that one of the two cops who helped her get home wound up raping her.
"What I'm hoping is that the jury doesn't become overwhelmed with emotion, and I don't think they will. I think if they decide this case on the facts given by the court, we'll be fine. It's just an emotional situation," said Tacopina.
WCBS 880's Irene Cornell On The Alleged Victim's First Day Of Testimony
"I woke up to being penetrated from behind," she said.
Surveillance tape released in court showed the two accused officers going in and out of her building.
Breaking down several times, she told jurors she remembered being shaken from her stupor by someone rolling her tights down her legs, hearing the sound of clothes rustling and velcro ripping, and feeling helpless.
"I was so intoxicated, I was dead weight," she said. "I couldn't move, or do, or say anything."
"I remember lying face down on the bed. I was naked except for my bra," the woman said.
When asked how often she sleeps naked, the woman said, "Never! I saw the light from the morning and I felt the shock of the rape. I felt like I had been penetrated. My body felt like someone had sex with me."
Prosecutors said Moreno raped the woman while his partner, Frank Mata, stood guard.
Prosecutors carted in boxes of evidence, including photos showing what the woman's bedding looked like after the alleged incident.
Another photo showed the woman's living room. Prosecutors put emphasis on the photo depicting the curtains being closed, alleging the officers shut them before the attack.
Prosecutors also played a 20-minute audio tape of a secret recording the woman made 10 days later where Moreno admits to wearing a condom.
"You're asking me to admit to something that never happened," Moreno said on tape.
"Did you use a condom?" the woman asked.
"Yes, yes I did," Moreno replied.
Outside the courthouse, his attorney tried to clarify the remarks.
"You have more than two dozen denials before Moreno says 'if you want me to admit to something I didn't do, then I will.' That's on the tape," said attorney Joseph Tacopina.
On Monday the alleged victim will be cross-examined by the lawyer for Officer Mata. It will be her third full day on the witness stand.
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