The New York Times by John Eligon - CityRoomBlog - August 10, 2011
A second former New York police officer was sentenced on Wednesday to jail for his role in a case that involved lurid accusations of rape committed by two on-duty officers. The officer, Franklin L. Mata, was accused of standing guard while his partner, Kenneth Moreno, raped a drunken woman whom the two officers had been summoned to escort to her Manhattan apartment. Both men were acquitted of rape charges in May, and convicted only of identical misdemeanor counts of official misconduct. Mr. Mata, 29, was sentenced to 60 days in jail, although the judge ruled that it was stayed until Sept. 12, meaning Mr. Mata can remain free until then. On Monday, Mr. Moreno, 43, was sentenced to a year in jail, though he remains free pending his appeal of his conviction. The former officers, who were fired because of the convictions, had each faced up to two years in jail. This was the first criminal conviction for each man, however, and first-time misdemeanor offenders are commonly let off without jail time. In sentencing Mr. Mata, Justice Gregory Carro of State Supreme Court in Manhattan said “you drew the short straw” when he got Mr. Moreno as a partner.