NEW YORK (Reuters) -- After listening to a secret tape recording of a New York City police officer saying he used a condom, an alleged rape victim told the jury hearing her case on Thursday, “I knew what he had done.”
The 29-year-old woman testified at the trial of officers Kenneth Moreno and Franklin Mata, who are charged with rape, burglary and misconduct in the December 2008 incident.
They responded to a 911 call from a cabbie who said his fare was too drunk to exit his taxi, and they escorted the woman to her apartment.
The two officers were arrested in April 2009 after the victim secretly taped the conversation -- using a watch equipped with a microphone -- with Moreno outside his police precinct.
“Did you wear a condom - yes or no?” the victim is heard asking.
“Yes, I did,” Moreno responded.
After the tape was played for the jury in state Supreme Court in Manhattan, the woman testified it confirmed her suspicion she had been raped.
“In that moment, when he finally admitted it to me, that was everything for me because I knew what he had done,” she told the jury.
Despite acknowledging wearing a condom, Moreno insists on the tape several times that nothing occurred and that the victim had nothing to worry about.
Earlier in the day, the woman told the jury in state Supreme Court in Manhattan that she vomited and repeatedly passed out during the evening, waking once to the sensation of someone removing her tights. She said she heard “the rustling of clothing and very loud Velcro ripping.”
Bulletproof vests worn by city police officers are fastened with Velcro, prosecutors have said.
“I was so intoxicated I couldn’t say or do anything,” the woman said. “My body was complete dead weight.”
After passing out again, the victim said, she later woke up when she was being raped.
“I woke up to being penetrated from behind,” she said.
Twice during her testimony the woman became so distraught her statements were unintelligible, and Judge Gregory Carro ordered a break in proceedings to allow her to regain composure.
Moreno is accused of raping the woman and Mata of standing lookout, making him culpable in the crime.
Moreno’s defense lawyers contend he was merely trying to calm the victim and keep her from causing a disturbance at the police station.
Moreno denies raping the woman, and has said he was simply comforting her because she was upset about drinking too much.
The officers face up to 25 years in prison if convicted of the charges.
Editing by Barbara Goldberg and Jerry Norton