Kenneth Moreno and Franklin Mata, the two New York City police officers convicted of official misconduct last month (while being acquitted of the rape of an East Village woman) will likely have their sentencing postponed, the New York Times reports. This is at least partly so that defense lawyers can look at footage received on Monday from Sex Crimes Unit, a documentary about the Manhattan D.A.’s sex crimes unit, that ran on HBO (the footage was not actually included in the documentary).
The Times explains,
If it contains statements made by witnesses in the case, or by prosecutors or investigators talking about what witnesses said, according to the person, then the defense might be able to claim that the district attorney should have turned it over before or during the trial. A person who works in law enforcement, speaking on the condition of anonymity, said the footage does not contain material that will raise issues with the verdict.
According to DNA info,”‘Several legal issues have come up and we’re addressing them,’ said Mata’s attorney, Edward Mandery, who declined to elaborate.”
It’s also expected that defense lawyers will file motions to dismiss the convictions.
Moreno and Mata were both fired from the police department following the trial. They’re each facing three counts of official misconduct, each of which is punishable by up to a year in jail. (First-time misdemeanor offenders, which the two are, are usually let off without jail time, however.)
NOW has planned a rally today to ask for the maximum sentence. The victim’s $57 million civil suit is still pending against the city.