UPDATE: Cop Rapes School Teacher on Her Way to Work, Says He Was Only Cheating

Posted on May 8, 2012

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NYPD officer Michael Pena pleaded not guilty to rape charges today.

NYPD Officer Michael Pena Pleaded Not Guilty at His Preliminary Hearing

Originally posted 9/27/2011

The update on this story follows the original article below.

New York – (New York Post) – Rape? What rape?  A drunken off-duty cop claimed he was just “cheating” on his fiance when he was caught with a terrified young school teacher in an Inwood alleyway last month.  “I wanted to call my girlfriend but how am I going to call her when I got arrested for cheating with another girl,” Michael Pena told a sergeant after he was busted.  I have a feeling she’s not going to be your girlfriend for much longer.  Pena, 27 — a three-year cop who worked out of the 33rd precinct — didn’t like being in custody very much, awe, he didn’t like being in custody much… according to statements released late this morning, as he sat cuffed in an orange jumpsuit in Manhattan Supreme Court, and pleaded not guilty to a 10-count rape and assault indictment.  What a piece of shit.  Hope you like orange, asshole!

Once under arrest, he complained about his cuffs being too tight, and said he felt “dizzy.” He worried aloud about his car getting impounded, and asked if there was any way his case could be “fast tracked,” the statements released today say.  Sure…  yeah buddy, they’ll get right on that… “Do you know what the sentence is?” he asked a lieutenant at Metropolitan Hospital.  Asked at the scene — Park Terrace West — if he was drunk, he told an officer, “Yes.”  “No need for an 85,” he told another police officer, referring to a “10-85” or request for backup. “I’m already cuffed. Tell them to slow it down.”  This assclown thinks he’s calling the shots?

Officials say the 25-year-old victim was on her way to work as a Bronx school teacher at just after 6 a.m. on August 19 when the drunken Pena asked her for directions to the train.  He “displayed a firearm” and took her to a driveway between two buildings, then “forced her to perform the acts described in the indictment,” assistant district attorney Evan Krutoy said in court today.  “You’re coming with me,” authorities say Pena demanded as he locked her in his grip.  This is the kind of fuck stick that gives good cops, a bad name…  Eyewitnesses told cops they desperately phoned 911 and tried to yell to scare him off, only to hear the beast bark, “I’m almost done.”

“He raped me! Be careful! He has a gun!” the woman cried as Pena was surrounded and arrested.

Manhattan Supreme Court Justice Richard Carruthers kept Pena’s bail at one million dollars bond or $500,000 cash. Pena’s family members, who filled three rows of the courtroom today, have been unable to afford the bail, said his lawyer, Ephraim Savitt.

He’s having a “difficult” time in jail, Savitt told reporters after today’s court appearance.  awwwwwe… poor guy!  “It’s a very difficult situation for a police officer to be in an orange jump suit coming out of Rikers Island,” Savitt said. Inmates tend to be not too fond of cops, maybe he should have thought about that before he decided to rape a school teacher on her way to work.  “whether they wear a blue uniform or an orange uniform,” he said.

The charges have been a “shock” to Pena’s closely knit family, who are standing behind him, the lawyer said. That includes the fiancée, the lawyer added.  Yeeeeaaah…  we’ll see about that.  “Certainly, the engagement is still on track,” he said, calling the fiancée a college grad with a degree in architecture. “They were engaged to be married in the next couple weeks,” he said, noting that those plans are on hold now that Pena’s in jail “They clearly jumped the gun over here,” the lawyer said, insisting Pena is not guilty of the charges.  Yeah, accusing a cop of rape in broad daylight, when there’s under a dozen witnesses, is just ridiculous!

Pena’s gun was in his waistband when he was arrested, not brandished, and so far prosecutors have provided him with no forensic evidence to substantiate rape charges, the lawyer told reporters.  “It remains to be seen if whether or not this is strike three in the DA’s office,” he said, referring to two recently scuttled sex cases — the rape acquittals of former officers Kenneth Moreno and Franklin Mata, and the dismissal of charges against Dominique Strauss-Kahn.  The public’s going to want this guys ASS.  This was some little school teacher he did this to.

“The brazenness of the horrific attack charged by the grand jury is truly shocking,” District Attorney Cyrus Vance said in a statement released after the proceeding.

“It is all the more disturbing that the defendant in this case was a law enforcement officer sworn to protect the citizens of this city. Our Sex Crimes Unit is committed to investigating cases of sexual assault in Manhattan and bringing the perpetrators to justice,” he said.

Guys like this are what give good cops, a bad name.  What this guy did was beyond disgusting.  Who the hell does this guy think he is, America?  I believe in innocent until proven guilty, but there are just too many witnesses.  From his statements, he sounds like the whole thing means nothing to him, like he can’t believe that people are overreacting to this.  I hope his fiance has self-respect enough to walk away from this guy.  Grabs a girl right off the street, displays a gun, drags her over between two houses in BROAD DAYLIGHT!  When a bunch of women try to help the poor girl, he replies, “I’m almost done?”  What kind of sadistic fuck thinks like that?

This fucker deserves no mercy.  He was a sworn officer of the law, charged with the duty to serve and protect the citizens, and instead decides to indulge as he pleased.  This is what the term “pig” means, when they are talking about a cop.  If you betray the public’s trust, then you betray your country, your word is forever shit.  Enjoy your time behind bars, asshole.  Let this be a lesson to all out there who think they can abuse their power; no one is above the law.

Source for story – http://www.nypost.com/p/news/local/manhattan/cop_pleads_not_guilty_to_rape_charge_5LhuK2RHiOZEIfMGjVv59H

Ex-NYPD Officer Michael Pena, as he arrived in court. Photo: Michael Appleton-New York Post

UPDATE – 4/6/2012 – Credit to Gaslamp Post reader Otto, for this update – Outrage ensued after the completion of the trial of ex-police, Michael Pena March 28, 2012, when the judge declared a mistrial for two of the charges.  The jury in the case found Pena guilty of sexual assault and predatory sexual assault (because he used a gun), but not guilty to the charge of rape.  The now 25-year-old victim broke down into tears and was escorted from the courtroom after she became inconsolable, upon hearing the jury read the verdict.

The jury of eight men and four women, were deadlocked on two remaining charges of rape because of three not guilty votes.  They also dismissed the charge of attempted rape.

The jury found him guilty of orally and anally assaulting a woman at gunpoint. But three of the 12 jurors refused to convict Pena of rape.

Even though the victim testified that she had been penetrated.

Even though two witnesses supported the woman’s account.

Even though Pena’s semen was found in her underwear.

Even though a doctor testified to injuries consistent with rape.

It might also be a point of interest, that one of the jurors who voted not guilty, was reportedly an attorney who has ties to District Attorney, Cyrus R. Vance Jr.  Juror Lloyd E. Constantine, is reported by the New York Times, as having been Vance’s opponent in the last election, and due to this fact, may not only have had a conflict of interest, but may have spitefully held the prosecution to an unfair and partial standard.  He is also reported to be an acquaintance and advisor of former New York Governor, Eliot Spitzer.

“In this brutal attack against an innocent young woman, the defendant showed no mercy,” Attorney Vance said. “At sentencing, we will recommend that he receive none.”

The jury was hung on the charge of rape because unlike the charges of sexual assault, required proof of penetration, whereas the other charges did not.  A note given to the judge from a juror, described the jury as “being at each other’s throats.”

Pena’s attorney based his defense of that charge, on whether or not the victim could identify the color of a car she had seen nearby.  This was used to call into question, the victim’s recollection of the event.  The District Attorney’s Office declined to comment if they intend to order a retrial for Pena on the final two outstanding counts.

Pena is due back in court for sentencing on May 7, 2012.  He faces 25 years to life in prison.

(h/t:  NY1.com, NYTimes, NYDaily News)

UPDATE – 5/8/2012 – The dishonored ex-police officer Michael Pena has been sentenced to 75 years in prison for his violent rape of a school teacher last year.  Oddly he was only found guilty of sexual assault and not rape because the jury was unable to determine whether or not the victim was penetrated.

He will be well over 100-years-old before he will be eligible for parole.

May justice prevail.

(h/t:  Newsone.com)