Day 2 of Deliberations Expected in NYPD Rape Trial

By John Noel
|  Thursday, May 19, 2011  |  Updated 7:47 AM EDT
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Kenneth Moreno, left, and Franklin Mata, right, both NYPD officers, are standing trial for rape.

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Jurors ended their first day of deliberations Wednesday without reaching a verdict in the rape trial of two New York City police officers accused of preying on a woman they were summoned to help.

The jury is expected to start a second day of deliberations Thursday.

Jurors requested a transcript Wednesday of a taped conversation between the woman and Moreno in which he denied having sex but also said he wore a condom.

The prosecution arguing the case against the two NYPD officers said in closing arguments earlier this week that instead of being New York's finest, they were "New York's worst."

Coleen Balbert said the officers not only took advantage of a drunk woman they had been called to help home, but they committed crimes in trying to cover up what they did.

Officers Kenneth Moreno and Franklin Mata both face rape, burglary and official misconduct charges in the case stemming from the December 2008 encounter. Moreno is accused of raping the then-27-year-old woman and Mata is accused of acting as a lookout.

Both officers deny the charges; Moreno says no sex took place and that he was comforting the drunk and sick woman, while Mata says he fell asleep on her couch and doesn't know what went on.

The officers returned to her apartment three times after bringing her home, and Moreno even made a bogus 911 call about a sleeping vagrant so the officers could have an excuse to return to her block.

Attorneys for the defense have said in their closing arguments that the accuser's memory of the December 2008 encounter was faulty.

Mandery represents Officer Franklin Mata.

"There was not a single stitch of evidence that a rape occurred in that room," Mandery said. "They're trying to make my guy a scapegoat."

After a day of deliberating Wednesday, the jury left for the night without a verdict. They will return to continue deliberations Thursday.

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