Ex-Officer Admits to Rape
A former New York City police
officer pleaded guilty Thursday to raping a teacher at gunpoint, three months
after a jury that convicted him on other charges deadlocked on rape counts.
Michael Pena's guilty plea to
the rape counts spares the victim, who was 25 years old at the time of the
August 2011 attack, from having to testify again in court during a new trial.
In March, a jury found Mr.
Pena, 28, guilty of three counts of criminal sex act and three counts of
predatory sexual assault. But jurors told the judge they couldn't come to an
agreement on two rape counts and two counts of predatory sexual assault
associated with the rape accusations.
Under an agreement with
prosecutors Thursday, Mr. Pena's sentence for the rape-related counts will run
concurrent with his current prison term.
He is already serving a
minimum 75-year sentence and is almost certain to spend the rest of his life
behind bars: the former police officer won't be eligible for parole before he
is 103.
During the trial, Mr. Pena's
defense attorney never disputed that a sexual assault occurred. His lawyer had
argued instead that there hadn't been intercourse, which is required to prove
rape under state law.
The defense attorney also
argued that the off-duty police officer had been drunk and didn't remember the
incident.
On Thursday, Mr. Pena pleaded
guilty to snatching the victim off the street in Inwood last year and raping
her in the courtyard of a building. He used his New York Police
Department-issued pistol to threaten the woman, who was on her way to the first
day at a new job as a schoolteacher.
Manhattan District Attorney
Cyrus Vance Jr., in a statement made following Thursday's court appearance,
noted that Mr. Pena "took responsibility for his violent criminal actions
and will serve up to life in prison."
"This plea spares the
victim from testifying again about the crimes committed against her, and it is
my hope this resolution brings a brave young teacher a measure of justice and
closure," Mr. Vance added.
Mr. Pena had been an NYPD
officer for three years at the time of the attack. He was fired immediately
after his conviction in March.