On Wednesday, officer Kenneth Moreno testified he never had sexual contact with the alleged victim while she was intoxicated.
Moreno said she flirted with him, but he simply kissed her on the forehead and cuddled with her in her bed.
When asked why he didn't tell his partner, who was allegedly passed out in another room, Moreno said, "I don't kiss and tell. I have a reputation of not saying...if have anything with a lady, I don't say anything."In his second day of testimony, Moreno said the victim was trying to hook up with him and that he turned her down.
He denied undressing her and said she was already half naked when she called him into her bedroom, only wearing a pink bra.
Prosecutor Coleen Balbert asked him about his direct testimony, when he admitted his temptation.
"I said I could have put up more resistance," Moreno said. "She held onto my hand and pulled me down."
In all, Moreno spent nearly three hours sweating it out on the witness stand under aggressive cross-examination. At times, Balbert shouted and pointed her finger at him, and at one point accused him of lying.
"You're just making this up as you go along, aren't you?" she said.
Prosecutors then asked him about the secretly taped meeting with the victim in front of the 9th Precinct and why he didn't deny having sex with her.
"You didn't think she was accusing you of a crime?" Balbert asked.
"No," he replied.
He said he was confused when she confronted him.
"I was trying to figure out in my head why is she making these accusations," Moreno said. "Then I thought, maybe something did happen to her.
Moreno and Franklin Mata both face charges including rape in the December 2008 incident. Prosecutors say Moreno raped the woman while Mata served as a lookout.
(Copyright ©2011 WABC-TV/DT. All Rights Reserved.) Get more New York News »new york city, nypd, rape, new york news, darla miles
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