29 May 2011

You Don't Say: NYPD Officers Guilty of "Misconduct"

Kenneth Moreno's Wife To Rape Accuser: "She Can Go To Hell"

052911RapeCop.jpg Julia Moreno, wife of former NYPD officer Kenneth Moreno, who was acquitted on charges of raping a woman in her East Village apartment on Thursday, told reporters that her husband's accuser "should go to jail for this." Telling the Post that the victim "had two days to make up this story with her lawyer friends before she went to the hospital," and added "She can go to hell." In addition to believing that the woman lied throughout the ordeal, Moreno reasoned why the woman would undergo the ordeals of a high-profile trial that included extensive viewing of photographs of her cervix in open court: "Money."
Kenneth Moreno and his partner, Franklin Mata, were acquitted of rape and burglary charges but convicted on charges of misconduct and await sentencing as the focus will now turn to their accuser's $57 million civil trial, at which the burden of proof will be considerably lower.
The Post also spoke to several legal experts to explain why, given the totality of the evidence presented at trial, the jury arrived at its verdict. One reason given is the "CSI Effect," as jurors believe that sure-fire DNA evidence is the only factor that matters: "CSI has made things difficult, there's no law saying that 'beyond a reasonable doubt' means we show you DNA. It means 'evidence that points to a moral certainty that is beyond dispute.'"

Another factor influencing the jury is a perception that "50 percent of rape claims are fabricated," when the actual rate is closer to 3-5 percent, "on par with false theft claims." Compounding all of this is that, according to a source at the DA's office, "traditionally, our harsher jurors tend to be women—they think'I would have never been so drunk that I needed to call for help." Five of the jurors in this case were women. The rapist of a 61-year-old woman in a nursing home was sentenced to 7 years in prison this week. But she was just "an elderly lady lying in bed." Speaking about Moreno's case, a trial lawyer says "The subtext is, 'She deserved it.' That is what is so appalling."

Source:  Gothamist.com


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