A toxicologist in the NYC Medical Examiner's office testified that the woman who claims a NYPD cop raped her (and another stood watch) could have had a blood alcohol level as high as four times the legal limit. When asked if the accuser could have been unable to move while being raped, Michael McGee said, "The effects you're describing are certainly effects that have been observed."
Back in December 2008, two police officers, Kenneth Moreno and Franklin Mata, were called to check on an intoxicated woman in the East Village—her cab driver had called 911 because she threw up twice in the car. Videos show the police officers escorting into her building and then the cops return repeatedly after that. The woman, who had been celebrating a promotion, was drinking heavily through the night and when she woke up in the morning, she says she realized she was raped. She has accused Moreno of raping her while Mata stood watch.
Prosecutors have said that the woman was unable to consent because she was so severely intoxicated, while the defense has suggested she was still in control of her faculties because she could "pound" drinks and said that Moreno only kissed her shoulder.
The accuser's blood alcohol was tested at 10 a.m., and it was a 0.01; according to the NY Times, "Using a formula that took into account the woman’s weight, what she ate that day and metabolism rates, Mr. McGee said he was able to calculate her approximate blood-alcohol levels during the four hours in which the officers came and went from her apartment." He found her blood alcohol might have been 0.24 to 0.32 at 1 a.m., right before Moreno and Mata responded to the 911, and could have been 0.17 to 0.22 around 5:10 a.m., when the cops were seen leaving her building. McGee also "estimated that the woman drank from 10.9 to 14.5 standard drinks during a five-hour span on the night of the episode," and said, "Nerves in the body become more and more anesthetized, or put to sleep [when drinking]. It causes it to cease functioning."
There is no DNA evidence (from either semen or hair), but the woman's cervix was bruised, which is consistent with how she says she was raped. Moreno is also heard on tape telling the accuser that he wore a condom; however, the defense says he only said that to calm her down so she wouldn't make a scene. The defense is expected to produce its case next week.
Update (9/9/11): Gothamist has published a long-form feature about the Rape Cop case, written by one of the jurors. It takes you behind the scenes during their deliberations, and explains how they came to their controversial verdict. Buy it today as a PDF or on Kindle.
