Date: December 2008
In December 2008, on-duty officers Kenneth Moreno and Franklin Matta were charged with raping a woman that they had been dispatched to aid. The woman had become very drunk after celebrating a promotion and upcoming move to California. A cab driver called 911 for assistance after removing the woman from his taxi; Moreno and Matta were sent to help. During her testimony, the woman said that when she awoke in her room, she was being raped by the 43-year-old Moreno. Moreno told the court that, despite fighting off the woman's drunken advances, he ended up in her bed, but did not have sex with her. Matta, 29, was accused of acting as a lookout. He says that he wasn't sure what happened in the woman's room because he was asleep on her couch, but didn't think Moreno raped her because that wasn't his character. The woman subsequently sued the city for $57 million.
The was no DNA evidence collected, and experts were unable to decide whether an internal mark discovered during the examination of the victim was the result of rape. The trial revealed that Moreno and Matta had returned to the woman's apartment three times—they claimed it was to check on her—without alerting superiors, and that 17-year veteran Moreno had created an excuse for a visit by placing a bogus phone call to 911 about a homeless man sleeping in the lobby of a nearby building. In a controversial ruling, both Moreno and Matta were acquitted, igniting protests. However, both were terminated after being charged with official misconduct, which Commissioner Kelly called a "violation of the officer's oath of office." Both Moreno and Matta were convicted; Moreno was sentenced to a year in jail and Matta 60 days. They turned themselves in on December 20, 2012.