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Franklin Mata: Ex-cop sentenced to 60 days

Franklin Mata, convicted of official misconduct after returning to a woman's apartment on duty, sentenced to jail time. 

Franklin Mata, one of two cops acquitted of rape but convicted of official misconduct, was sentenced to 60 days in jail this morning.

Mata’s partner, Kenneth Moreno, was accused of raping a drunk woman the two officers were called to help in the East Village. Mata was accused of acting as a lookout.

Moreno was sentenced to one year in jail Monday, a much harsher sentence than Mata received. Both are appealing the ruling, so have not entered prison yet.

Judge Gregory Carro told Mata that he had failed to stop his partner from breaking the law.

He portrayed Mata as a young officer reluctant to turn in his more experienced partner with “morally bankrupt” intentions.

“For some reason you continued to carry your partner's bags throughout the trial, which quite frankly, I don’t understand,” he said.

Carro hoisted most of the blame on Moreno, saying, “You certainly drew the short straw when you drew him as your partner.”

Carro added, “Maybe his attorney was talking about you when he described a simpleton. Maybe you are the simpleton following the fox.”

Mata spoke at the sentencing, his voice cracking and his eyes filled with tears, as he said, “I didn’t think this one night would cost me two and a half years of my life. I have endured plenty. I have lost my job, my name and the respect of the people of New York.”

Carro concluded his sentencing statement by saying, “Forever you will be a disgraced police officer. Forever you will have the scarlet letter shining on your back, and that’s a serious punishment.”

Mata, biting his fingernails in the elevator while leaving the courthouse, declined to speak with reporters.

His lawyer, Ed Mandery, said outside the courthouse that the judge was fair by delivering a lighter sentence to Mata.

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