Two former NYPD detectives who dodged rape raps involving a young Brooklyn woman are now asking a judge to prevent the DNA evidence in that case from being used in the new one against them.
Defense lawyers Mark Bederow and Peter Guadagnino claim that the evidence was obtained under false pretenses, when prosecutors and police probers knowingly misled a judge into green-lighting the collection of then-Officers Eddie Martins and Richard Hall’s DNA amid accusations the officers raped the woman in 2017.
Investigators “deliberately or recklessly sugarcoated the actual contents of the NYPD records and in essence told [the judge]: ‘trust our source,’ ” the lawyers state in court papers.
The lawyers say the judge only allowed for the collection of their clients’ DNA based on the statements of their accuser — and prosecutors and NYPD probers had credible proof that she “was not raped” and “created ‘facts’ out of whole cloth and embellished the truth in order to make her rape claims appear believable.”
Martins and Hall have maintained they had consensual sex with the woman — explaining the presence of their semen in her mouth and vagina. She still insists she was raped by the men while handcuffed in the back of their official vehicle.
The ex-cops initially were charged with rape and kidnapping, but the charges eventually were dropped and replaced with new ones: felony bribery and official misconduct.
“We will respond to the motion in court,” said a spokesman with the Brooklyn DA’s office.
The men are due back in court on May 8.