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Mistrial in case of Michael Pena, cop accused of rape

A mistrial reported in a rape case against a cop.

After days of deliberation and a deadlocked jury, a judge declared a mistrial in the case of Michael Pena, 27, a police officer accused of an Inwood rape.

But Pena still faces up to life in prison. He was convicted on multiple counts of sexual assault and will be sentenced May 7.

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

The victim reportedly sobbed when Judge Richard Carruthers announced that he would end the trial.

The judge decided to declare a mistrial when the jury forewoman told him Wednesday that they could not arrive at a verdict on the four rape counts against Pena.

Jurors had told the judge they were deadlocked on the rape charge, but had reached a consensus in a partial verdict convicting him of sexual assault. The judge previously had urged them to keep deliberating.

Pena was charged last year after cops responded to a 911 call in Inwood. A schoolteacher, 25, on her way to work, said that he asked her for directions to the train and then pulled out a gun and forced her into a courtyard, where he allegedly raped her.

Pena was a three-year veteran of the police force and was assigned to a Washington Heights precinct.

Pena's lawyer conceded that Pena had attacked the woman, but argued he did not rape her and the prosecutors could not prove penetration.

The minimum time for a conviction on predatory sexual assault is 10 years, with a maximum of 25 years to life.

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