The lawyer for an NYPD cop accused of sexually assaulting a minor he knew said Friday the charges are unfounded and that the victim may recant part of all of the allegations.
Officer Joshua Acosta was taken into custody Wednesday night and charged with three counts of rape, three counts of sexual misconduct and acting in a manner injurious to a child. Acosta, 39, was also charged with course of sexual conduct against a child, which is defined as engaging in sexual conduct with a child younger than 13.
At Acosta’s arraignment Friday, his lawyer, David Gelfand, maintained the cop’s innocence.
“Our office has begun a preliminary investigation into the matter which has revealed real issues with the complaint’s credibility,” Gelfand said in Brooklyn Criminal Court.
He also said the girl as “recently as yesterday indicated to family members, she desired potentially to recant at least part, if not all, of the testimony she’s offered to the people in this matter.”
The alleged crimes occurred in Brooklyn over the course of several years and while Acosta was off duty, prosecutors said.
Acosta joined the NYPD in January 2014 and had been assigned to the Police Action Litigation Section of the NYPD’s Legal Bureau. He was suspended without pay for 30 days upon his arrest.
Acosta was arraigned Thursday night before Judge Jacob Zelmanovitz, and released on $20,000 bail.
Brooklyn Assistant DA Jordan Will Rossman asked for an order of protection for the child, which the judge granted.
The department’s Internal Affairs Bureau is also investigating the allegations, officials said.