NYPD Officers' Rape Case Goes Back to Grand Jury

Monday, Mar 7, 2011  |  Updated 12:15 PM EDT
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NYPD Officers' Rape Case Goes Back to Grand Jury

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A rape case against two New York City police officers has taken an unusual turn just as it was about to go to trial.

Prosecutors say they plan to return the case to a grand jury. Defense lawyers say that's because of overlooked evidence that bolsters the officers' claims of innocence.

Jury selection was abruptly postponed Monday at Manhattan prosecutors' request. They alleged that Officer Kenneth Moreno raped a drunken, semiconscious woman and that Officer Franklin Mata acted as a lookout after they were called to help her get home in December 2008.

Prosecutors did not discuss reasons for wanting to revisit an indictment obtained about two years ago.

Moreno lawyer Joseph Tacopina says prosecutors realized they had evidence that wasn't presented to the grand jury.

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