Jurors Reach Partial Verdict In NYPD Officer Michael Pena’s Rape Trial

NEW YORK (CBSNewYork/AP) — Jurors deciding the fate of NYPD Officer Michael Pena reached a partial verdict, finding him guilty on several charges, but continue to be at an impasse on others.

The jury of eight men and four women found the 28-year-old Pena  guilty of three counts of predatory sex assault, for possessing a weapon, and three counts of criminal sex acts involving “touching.”

1010 WINS’ Juliet Papa With More Details From The Trial

The jury was deadlocked on 2 counts of rape in the first degree.  The judge has ordered the jury to continue deliberating the rape counts when they return on Wednesday.

Pena’s lawyer said a note from the jury indicated they were bitterly divided.

“They indicated there’s a lot of division and rancor. It’s become very personal in certain cases.  There are arguments going on the in the jury room that are more than just academic,” said Ephraim Savitt, Pena’s attorney.

The victim hid her tear-streaked face in a huddle of family and friends as she left the courtroom, clearly upset after hearing the partial verdict. She had testified Pena forced her at gunpoint off an Inwood street last August and raped her.

Authorities said on Aug. 19, 2011, a drunken Pena stopped to ask the schoolteacher 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 at gunpoint, 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.

On Monday, jurors said they’d reached a verdict on several of the other sex-attack charges. His lawyer admitted there was a sex assault but said a lack of DNA evidence indicated there was no actual rape, no penetration.

Savitt said his client is ashamed and knows he’s going to prison.

“He’s been remorseful from the very first moment his head cleared and he realized what a terrible thing he did,” he said.

WCBS 880’s Irene Cornell reports

The NYPD suspended Pena when he was charged. With this partial conviction he’ll now be fired. Judge Richard Carruthers told jurors to continue deliberating on the outstanding charges.

One juror questioned juror Lloyd Constantine’s ability to decide fairly in the case.

WCBS 880’s Irene Cornell reported Constantine is an attorney who works in a firm with a man who ran unsuccessfully against current district attorney Cy Vance.

Constantine was also a top adviser to former Gov. Eliot Spitzer and wrote a book about his downfall. Constantine told the judge that his position has not been affecting his deliberations in the case.

Pena could face life in prison.

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(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.)

  • Only the Truth

    if you knew how stupid you hear !! , better dont talk! … you were not even on that site to see if it’s true! … much less have parted with the court … to really know what was said! … stop to be judging anyone knowing! … if the case has been taken so much time is becasue, the DNA tests do not prove rape! .. the semem found is not of him! .. the jury is not stupid! .. I advise you to go to court, and really listen to what you say … the news are all!, against the police! … if I was the victim, also lie, there are very many millions of dollars in the middle! …

  • NYC sewer mom

    I hope your mother got it too

  • Bullett

    As of the 10 PM news last night, Pena was found guilty on all but two counts. I hope he enjoys cell time with “Big Bubba”.

  • Keystone Kop

    Cops are supposed to be Legally Designated Heroes and thus 100% exempt from all laws. What changed?

  • May they rot in hell

    How stupid is this jury.He admits doing it and the lady who is a teacher says she was raped which I think she would know more then these idiot jurors.This is total BS.May the jury rot in hell and may them and there families suffer what this woman did .Then and only then would they regret their decision.So fed up with this joke of a Justice system.Corrupt lawyers and judges what do you expect a police officer to get convited even when he admitted it.I bet it was a male jury lets wait for them to explain their decision.

    • I'll slap you

      You sound like a little bit(h

  • thor's hammer

    25yrs to life so far for this sorry excuse for oxygen consumption on the planet. he’ll not be part of the “general population,” that’s for sure. a 4 ft in diameter cell, no windows, random electricity (not to exceed 2 hrs a day). no perks for perps in the pen. i hope you have no visitors. may each day for the rest of your life be more miserable than the day before. a disgrace to the family of the long blue line and your own family. to hear the attorney say how remorseful this loser is gave me my biggest laugh of the day. line up his female relatives to dope slap him on the way into the big house.

    • Only the Truth

      only god can judge! .. I hope that God will multiply everything you wish him! .

    • alfred fun gus

      even if he’s not in the general population, a cop in prison (esp a rapist) is going to be walking funny for the rest of his life.

  • WHY?!?!!?

    how the hell is flashing a gun, drag a woman to the back alley not considered rape????

    • Change the system

      This is why the jury system needs to be revamped.You need a college education for most city jobs now and you need a college education for pretty much any decent job but to be a juror you can be a dropout and still get on.Justice in USA is a joke.

      • Only the Truth

        the entire jury has Masters! .. investigate and go to court to comment!!

  • Liars4hire

    This verdict is total BS. This cop’s atty admits Pena tried to rape her, but didn’t- the reason being was because he was too drunk to perform


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