NYPD rape trial could be handed to jury Tues.

May 17, 2011 3:26:02 AM PDT
The rape trial of two NYPD officers could end up in the hands of the jury Tuesday, with prosecutors set to deliver their closing arguments.

On Monday, defense lawyers argued there is no forensic evidence that a rape happened. And they said the accuser's memory was spotty from drinking.

Prosecutors say officer Kenneth Moreno raped the woman in her East Village apartment in 2008, while his partner Franklin Mata stood watch.

Mata's attorney argued there were more than 225 exhibits presented to the jury, and he claims not one proves that a rape happened.

Edward Mandery spent hours planting the seed of reasonable doubt with jurors, hoping they'll come back with a not guilty verdict.

"Don't fault my client that because she drank so much alcohol she can't remember what happened," Mandery told the jury.

Surveillance video shows the men returning to the apartment four separate times. Moreno testified he faked a 911 call to buy them more time to go back to the apartment, so that he could council the woman on drinking.

"They want you to believe they were sneaking back," Mandery said. "You saw Frank looking at the cameras. How many buildings in New York have cameras? Wouldn't you go in disguise?"

The accuser testified that after the officers escorted her into her home, she spent the rest of the night throwing up and passing out. That's when she says Moreno repeatedly had sex with her.

The defense believes her civil lawsuit against the officers and the city is a motive for the allegation.