Jury Divided On Counts In Case Of NYC Cop Accused Of Raping Teacher

 NEW YORK (CBSNewYork/AP) — A jury is struggling to decide whether an off-duty New York City police officer who admitted sexually attacking a woman also raped her.

WCBS 880’s Irene Cornell reports

Jurors said Monday they were stuck on the rape and some other charges against Michael Pena. They say they’ve reached a verdict on other charges, including three counts of predatory sexual assault. That’s the top charge and is punishable by up to life in prison.

They did not announce a partial verdict.

Manhattan state Supreme Court Justice Richard Carruthers told the jurors to continue deliberating.

Authorities said on Aug. 19, 2011, a drunken Pena stopped to ask the woman for directions to the subway.  When the woman refused, he allegedly opened his jacket to display a handgun and told the woman “you’re coming with me.”

Pena, who was coming off an overnight shift, allegedly forced the woman to the courtyard of a building on 217th Street and raped her, said authorities. Police said a resident of the building noticed something happening and called 911.

Pena was arrested by arriving officers who later found his police badge and gun.

The defense, for its part, argued that Pena did a terrible, unforgivable thing, but that technically it wasn’t a rape. Defense attorney Ephraim Savitt said there would have been more DNA found it it were a rape.

The jurors said they don’t think further deliberations would help them reach a complete verdict in the case, but the judge sent back anyway to keep trying.

Please share your thoughts below…

(TM and Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

  • Justice

    Let him get life in prison. C’mon jurors!

    • sick of it all

      A jury of Morons,the guy admits to the assault,but says he didn’t penetrate the poor victim,yet his dna is on her panties and hers on his body………..how much more evidence do they need,a video of the assault….incredible stupidity

  • thor's hammer

    what a disgraceful human being you are. you used a gun and flaunted your position as a copy, and criminally assaulted a young woman. may many of your future days be in a cell no more than 4 ft in diameter, random electricity (no more than 2 hrs total a day), no windows, no perks of any kind for perps. hear her screams over and over, louder and louder. may your family shun you, as the family of the long blue line surely has. may each day be more miserable than the day before.

  • Bullett

    Here’s hoping this low like of a cop doesn’t walk.

  • Glenn Erdmann

    New York jurors are the STUPIDEST in the USA.

    • Barry

      i promise you that race is playing the role here. there are probably some on the jury who do not want an hermano going to jail just because some blancito cops and lawyers so say. his lawyer admits it and they still cannot convict?
      por favor, baby.

  • Jury should be sentenced

    So because he did not finish meaning he never left a sample he is not guilty of rape.So are they saying he used the pull out method so not enough DNA in her.This jury and his lawyers should be ashamed of the 2nd rape they are doing to this poor victim in this injustice.We all wondered how OJ got off it was idiots like this.

    • The Realist

      Jurors are supposed to follow THE FACTS and THE LAW, not their own feelings (or yours).

      • Extremely Real

        Give me a break he admitted sexually assaulting her.They are just a dumbed down jury pool.If you served on jury duty you would see it is a bunch of people who do not want to be there.They should hang this animal by the balls.

      • sick of it all

        The facts in this case speak for themselves,and the Jury in this case ,are a bunch of idiots……….

  • NYCsewer

    Either he put his pee pee in her or he did not.this jury must be retarded

  • gus

    a drunken Pena stopped to ask the woman for directions allegedly forced the woman to the courtyard of a building on 217th Street and raped her

    I don’t get it?

blog comments powered by Disqus
Giving Tuesday
Charles Osgood Event

Listen Live