Second ex-cop sentenced to jail for misconduct after rape acquittal

By the CNN Wire Staff

New York (CNN) -- Former New York police officer Franklin Mata was sentenced Wednesday to 60 days in jail and three years on probation for three counts of official misconduct in a case of alleged rape involving himself and another New York Police officer, according to the Mahattan district sttorney's office.

The other officer, Kenneth Moreno, was sentenced Monday to one year in prison.

A jury acquitted Moreno and former partner Mata of felony rape and burglary in May, but found them guilty of official misconduct, a misdemeanor. Moreno and Mata were on duty at the time of the alleged incident.

Moreno and Mata were accused of returning to the apartment of a 27-year-old woman whom they had helped earlier in the evening and raping her in December 2008.

The case set off a public storm, and the men were later fired from the New York Police Department. On Monday when Moreno was sentenced, a group of female protesters gathered in front of the courthouse holding signs that read, "NYPD: Protect women," and, "Take rape seriously."

Moreno and Mata admitted they broke police guidelines by hiding from their superiors the fact that they went back to the woman's apartment. Moreno admitted to making a fake 911 emergency call so that police dispatchers would send the officers back to the woman's apartment, according to Judge Gregory Carro at New York County Supreme Court.

Carro acknowledged that a parole committee recommended the two men be given probation instead of prison time in their sentencing. But in sentencing Moreno on Monday the judge declared, "Law enforcement plays an important role in the fabric of our society."

"You ripped that fabric," Carro said.

Both Moreno and Mata have stated plans to appeal.

CNN's Logan Burruss and Hussein Saddique contributed to this report.