NYC
03/01/2011 10:12 am ET Updated May 25, 2011

Cop Accused Of East Village Rape Confessed On Tape: Prosecution

In 2008, a cab driver concerned about his fare appearing inebriated called the police to make sure she got home safely. 10 days later, she accosted the officer who responded to the call in front of his precinct and accused him of taking advantage of her drunk state, and raping her.

The woman secretly recorded her conversation with the officer, whose defense grows more vague as he both admits and denies her allegations.

"I don't want to go and make a scene in there!" she tells officer Kenneth Moreno, referring to the police precinct.

"I don't want you to make a scene," Moreno responds.

"So then, just answer me honestly. Did you use a condom?" the woman says. "That's all I want to know, OK?"

"Yes," Moreno says. "Yes, I did."

A judge ruled the confession is admissible at the impending trial for the alleged 2008 rape. NYPD officer Franklin Mata also faces rape charges for acting "in concert" with Moreno, according to the New York Post.

"'It wasn't done intentionally," Moreno claims on the tape, according to the AP. "I didn't mean to hurt you. I just got caught up. I'm sorry."

Moreno's attorney will argue that the confession was made involuntarily. More than a dozen times, Moreno denies having sex with the woman and only admits to using a condom after the alleged victim threatens to make a scene.

The two cops met the woman when they responded to a 911 call from a cabbie who worried she would not be able to make it inside her home, according to the Daily News.

The paper also reports that the two officers returned to the apartment two more times that night.

Mata acted as the "lookout" for Moreno, but did not participate in the attack, prosecutors claim.

The New York Post also notes that despite awaiting very serious rape charges, the two cops are still getting paid their normal salary -- over $100,000 each -- by the police department, even though they aren't currently working.