Two NYPD officers who admitted to having sex with a teen in custody and whose DNA was found on the teen, are now trying to smear her credibility in an effort to avoid indictment on rape charges by a grand jury.
The New York Post reports that lawyers representing NYPD officers Eddie Martins and Richard Hall, who have been stripped of their badges and placed on modified duty, are going with the “it’s not rape because she’s not acting like a perfect victim” defense. The lawyers point to a “provocative selfie” posted by the 18-year-old, along with tweets where she “bragged about being followed by the ‘paparazzi.’” She also reportedly wrote this to someone on Twitter after the alleged incident: “Stop clockin my s- -t u loser, I hope ya mommy gets gang raped gangsta 100%.”
“She has posted Instagram videos of herself using drugs and rapping in her ‘Fi5ty Milli’ persona about the case while joking about the millions that will be ‘in her bank account,” they note in a letter to the Brooklyn District Attorney’s Office. According to the lawyers, “This behavior is unprecedented for a depressed victim of a vicious rape.”
The teen, who is suing the city for $50 million in damages, alleges that the plainclothes officers arrested her in a traffic stop on Sept. 15 after finding prescription drugs in her car. They allegedly cuffed her, forced her to undress, and in an unmarked police van, one officer raped her and both forced her to perform oral sex in order to release her.
The detectives have admitted to having sex with the teen—who, again, was in their custody, and therefore unable to consent—and claimed it was consensual. Their DNA was on samples taken from a rape kit.
“There was zero consent,” the teen’s lawyer, Michael David, told the Post. “The cops were over 6 feet tall. She’s very petite, like 5-2 and maybe 100 pounds. There’s nothing she could do.”