Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
"Gunpoint Rape" Cop Convicted Of Sexual Assault, Jury Still Deliberating Rape Charge
By
Christopher Robbins
Published Mar 27, 2012
Modified Oct 12, 2017
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
By
Christopher Robbins
Published Mar 27, 2012
Modified Oct 12, 2017
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
A jury of eight men and four women have convicted 28-year-old Michael Pena of three counts of predatory sexual assault, which carry a maximum sentence of life in prison. However, the jury remains deadlocked on the rape charge, and according to the AP, Manhattan Supreme Court Justice Richard Carruthers instructed them to keep deliberating on other unresolved charges, including rape. The Post reports that the 25-year-old victim "burst into audible, gasping sobs" when the jury foreman announced that their deliberations kept resulting in deadlock.
Before the partial verdict was handed down, the trial was mired in confusion when it was revealed that one of the jurors was a friend of Manhattan District Attorney Cyrus Vance. Lloyd E. Constantine, an attorney who at one point advised former Governor Eliot Spitzer and wrote a revealing account of his tenure, donated $5,000 to Vance's campaign in 2008.
When Justice Carruthers asked Constantine to explain why he didn't speak up about his connection to Vance, he replied that he wasn't biased and had passed "my own subjective test."
According to the Daily News, Pena's attorney was elated: "Confusion is never a bad thing for the defense," Ephraim Savitt said. "He's saying he's neutral. I can accept that."
Savitt's defense has been that Pena, an off-duty cop who drunkenly assaulted the victim on her first day as a Bronx schoolteacher, never penetrated the victim, despite her testimony that he most certainly did. “My client showed her a gun. She was scared to death. He did a terrible thing. He did an unforgivable thing," Savitt told the jury last week, adding that the victim was in such "abject terror" that she fabricated any penetration.
Tagged
bronx
gunpoint rape cop
michael pena
nypd
rape
tragedies
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Staten Island fire injures 2, but spares historic 'Godfather' church
Dozens of firefighters responded to the blaze, which started in a vacant warehouse. It was contained within three hours.
By
Giulia Heyward
Published Oct 18, 2026 at 10:34 a.m. ET
Bail reform remains major issue in NY governor's race, 7 years after it became law
Repeat offenders are a big talking point in the governor's race.
By
Gino Fanelli
News
Bail reform remains major issue in NY governor's race, 7 years after it became law
Repeat offenders are a big talking point in the governor's race.
By
Gino Fanelli
NYPD searching for 'person of interest' in fatal Midtown subway platform shooting
By
Ryan Kost
and
Elizabeth Kim
Have you seen this Yorkie? NYPD looking for adorable pup dognapped from her Queens home
By
Ryan Kost
Being reigning champions is weird for Knicks fans, but we could get used to this.
By
Catalina Gonella
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .