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Thread: Cop Avoided Rape Conviction Thanks to Really Unreasonable Doubt

  1. #1
    Elite Member witchcurlgirl's Avatar
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    Default Cop Avoided Rape Conviction Thanks to Really Unreasonable Doubt








    Cop Avoided Rape Conviction Thanks to Really Unreasonable Doubt

    Today's cover of the Daily News boasts the exclamatory word "Rage!" and an ensuing story about the reason a New York jury only convicted Michael Pena, the NYPD cop who attacked a school teacher on her way to work, of predatory sexual assault instead of rape, which would have carried a possible life in prison sentence instead of the 10 years that Pena now faces. Why would the jury stop just short of levelling the harshest possible verdict on Pena? Because, according to the News story, the victim could not remember the color of a car parked across the street where she was forced to her knees.


    In her recap of the News story,The Atlantic Wire's Jen Doll wonders how such a middling detail as the color of a car could have possibly introduced enough doubt among jurymembers for their certainty of Pena's guilt to waver in the face of a rape conviction. She writes,
    But if Pena was convicted of the highest charge possible, predatory sexual assault, and that did not involve the apparent correct identification of a car's color, why would a charge of rape require that?
    Though the Daily News and the New York Post point sensational tabloid fingers at the jury for the tempered conviction, Doll points out that in the follow-up to the Pena case, Manhattan lawyer Lloyd Constantine was identified as one of the trial's "meddlers" who kept turning the jury's attention back to strangely irrelevant points, such as the car. According to the Post's Laura Italiano, Constantine (a one-time adviser to ex-Governor Eliot Spitzer) led a holdout faction, holding it "against the schoolteacher victim that she couldn't remember the color of a car parked near the Inwood back yard where now-fired cop Michael Pena violated her last August, the source said." Constantine, who Doll notes is an "apparent friend" of DA Cy Vance, would seemingly have had little motivation to insist on such details, especially considering the preponderance of evidence that led at least to Pena's sexual assault conviction.


    Pena also continued (and has continued) to insist that his DNA was not found "inside of the woman," this despite the fact that his semen was found in her underwear. And even though New York law requires proof of penetration for a rape conviction, former chief of the Manhattan DA's sex crimes Linda Fairstein told the News, "The office has tried hundreds and hundreds of cases in which there is no ejaculate in the vagina and won. It's not a required element of the crime to find semen."


    There's a precedent — "hundreds and hundreds" of precedents, according to Fairstein — for Pena to have been convicted of rape. The jury convicted him, in fact, of sexually assaulting a woman and Pena hasn't denied this fact, only that little bit about penetration, which accounts for the difference between a temporary or permanent term in the jailhouse for a police officer who exploited his authority to carry a loaded gun around in public. Doubt over the color of a car, a trifling detail, something that flits in and of a person's head, was enough for the jury to hesitate over a rape conviction.


    Such doubts have been a running current in NYPD rape trials, as they were in last May's acquittal of NYPD officers Kenneth Moreno and Frank Mata for "lack of forensic evidence." In fact, juror Patrick Kirkland was so skeptical about their apparent guilt, that he wrote a whole internal monlogue about it in which he ponders whether the victim might have "hit it off" with her alleged rapists.


    Yes, let's all wonder about the shine a rape victim might have taken to her alleged attacker and not, say, that in a little less than a year, three NYPD officers — men authorized to carry guns, to write tickets, to protect and serve and all that fun cop stuff — have been accused and tried for rape, and have subsequently avoided a rape charge. Is anyone looking forward to the longform by the jury member who wonders, "What if Pena's victim not remembering the color of that car meant that she'd possibly been momentarily teleported to another dimension and thus avoided penetration?" Seriously, these doubts are getting a little unreasonable.




    Cop Avoided Rape Conviction Thanks to Really Unreasonable Doubt
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    Elite Member greysfang's Avatar
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    Wow, really? I hope he at least gets the max 10 years for the assault he was convicted of.
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    Elite Member sluce's Avatar
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    Hope the jurors are proud of themselves.
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    Elite Member witchcurlgirl's Avatar
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    If someone was holding me at gunpoint and sticking his dick in me I doubt I'd notice the color of the fucking car either.
    McJag likes this.
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    This is like the epidemic of Casey Anthony. Lawyers are learning that if they can pound through the "details" as if this creates reasonable doubt, their clients will get off. He's a fucking cop. A cop that sexually assaults anyone should go to jail for the maximum anyway. This is so stupid.

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    Elite Member witchcurlgirl's Avatar
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    No, this has absolutely no connection to Casey Anthony.

    This is the just the latest incident in thousands of years of women not being believed about rape.
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    Elite Member hustle4alivin's Avatar
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    This is absolutely disgusting

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    Well, you know he'll get raped in prison, so he will find out what it's like. I hope someone asks him: "So, what was the color of the blanket on the bed you were bending over?"

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    Elite Member Charmed Hour's Avatar
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    Quote Originally Posted by witchcurlgirl View Post
    No, this has absolutely no connection to Casey Anthony.

    This is the just the latest incident in thousands of years of women not being believed about rape.
    This, and especially in NYC. Our rape conviction rate is way, way low- iirc the Bronx is 35%

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    Super Moderator twitchy2.0's Avatar
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    Quote Originally Posted by Bluebonnet View Post
    Well, you know he'll get raped in prison, so he will find out what it's like. I hope someone asks him: "So, what was the color of the blanket on the bed you were bending over?"
    No he won't. Sorry to interrupt your fantasies, but as a former police officer he'll be separated from the bulk of the prison population.

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    Elite Member Mel1973's Avatar
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    Quote Originally Posted by twitchy2.0 View Post
    No he won't. Sorry to interrupt your fantasies, but as a former police officer he'll be separated from the bulk of the prison population.
    yep. cops don't necessarily get thrown in with the general population BECAUSE they will be killed.
    Kill him.
    Kill her.
    Kill It.
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    Elite Member witchcurlgirl's Avatar
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    Default Rapey Cop Given 75-Year Sentence



    Rapey Cop Given 75-Year Sentence

    Michael Pena, the former New York City cop who allegedly raped a woman at gunpoint in an alleyway last summer, has been convicted of three counts of predatory sexual assault. Each count carries with it a mandatory 25-year prison sentence, so the 28-year-old cop will be at least 103 before he's even up for parole.


    Even though the evidence against Pena was overwhelming and he basically admitted to being drunk and assaulting the woman, in March, a jury failed to convict Pena of rape. Apparently, juries think that some cop failsafe prevents them from being capable of raping people?


    But although a lack of rape conviction for Pena is disheartening, the "predatory sexual assault" conviction isn't a bad thing; according to The Atlantic's Jen Doll. "Predatory sexual assault," a Class A felony, actually carries a harsher sentence than rape, a Class B felony.


    Pena's victim, a 24-year-old teacher told the judge before the sentencing, "This has impacted every single aspect of my life, on every single day of my life. It affects every single thing. He used his weapon, and basically destroyed my life with the choices he made that day. That's it. Thank you."


    Rapey Cop Given 75-Year Sentence
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    Elite Member Air Quotes's Avatar
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    Thank god, sick little fuckface.
    "A true whore just loves her life." - Sluce

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    Elite Member shedevilang's Avatar
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    Quote Originally Posted by monk View Post
    This is like the epidemic of Casey Anthony. Lawyers are learning that if they can pound through the "details" as if this creates reasonable doubt, their clients will get off. He's a fucking cop. A cop that sexually assaults anyone should go to jail for the maximum anyway. This is so stupid.
    fucking idiot
    Quote Originally Posted by witchcurlgirl View Post
    No, this has absolutely no connection to Casey Anthony.

    This is the just the latest incident in thousands of years of women not being believed about rape.
    vouch!

    Quote Originally Posted by twitchy2.0 View Post
    No he won't. Sorry to interrupt your fantasies, but as a former police officer he'll be separated from the bulk of the prison population.
    sad but true, glad to see the slimy bastard got time though
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