Jury Deadlocks on NYPD Officer Rape Counts After Conviction on Sex Assault Charges

Michael Pena was convicted on several counts Tuesday but the jury could not agree on the rape charges Wednesday

Thursday, Mar 29, 2012  |  Updated 6:22 AM EDT
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NYPD Officer Guilty of Sex Assault, Jury Deadlocked on Rape Counts

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Jury Deadlocks on NYPD Officer Rape Counts After Conviction on Sex Assault Charges

A judge has declared a mistrial on the rape charges against an off-duty NYPD officer who was convicted on other counts in his attack of a woman he grabbed off the street. John Noel reports.

NYPD Officer Guilty of Sex Assault, Jury Deadlocked on Rape Counts

A jury has found an off-duty NYPD officer guilty of sexual assault after he grabbed a schoolteacher off the street and attacked her, but is deadlocked on the rape counts against him. John Noel reports.
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A judge has declared a mistrial on the rape charges against an off-duty NYPD officer who was convicted on other counts in his attack of a woman he grabbed off the street.

Michael Pena was convicted on six counts Tuesday, including predatory sexual assault. But the jury, after deliberating into Wednesday on the two charges of first-degree rape, could not agree on those counts.

The victim had testified that Pena forced her into an apartment courtyard and raped her at gunpoint. Pena's defense lawyer said Pena admits attacking the woman but never completed intercourse with her.

The predatory sexual assault charge carries the potential for life in prison.

Pena, an officer for three years, was suspended since his arrest. He was officially terminated Tuesday after his conviction of sexual assault.

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