Home / Badge Abuse / Cop’s Rape of a Schoolteacher in Broad Daylight So Horrific, He’s Facing Life

Cop’s Rape of a Schoolteacher in Broad Daylight So Horrific, He’s Facing Life

MANHATTAN (CN) — A former police officer who raped a New York City schoolteacher in broad daylight drew no sympathy from New York’s highest court, which unanimously affirmed his 75-to-life sentence on Valentine’s Day.

Michael Pena, now 32, had been off-duty on the morning of Aug. 19, 2011, when he pulled his loaded and police-issued gun on a young woman. The 25-year-old was on her way to her first day of teaching in the Bronx, when Pena pulled her into the courtyard of an Inwood apartment building and raped her.

Prosecutors broke down Pena’s assault into three separate offenses in his indictment, with each carrying a 25-year sentence.

Pena appealed to the New York Court of Appeals, the state’s highest court, after a lower court upheld his sentence in 2015, rejecting the ex-cop’s claim that this punishment was unfairly multiplied.

Pena’s lawyer Ephraim Savitt has emphasized that his client’s penalty is 63 years longer than the average rape sentence. “If that disparity is not cruel and unusual, then perhaps there’s no purpose to having the Eighth Amendment on the books any more,” Savitt said in a phone interview on Tuesday.

In unanimously upholding Pena’s sentence this morning, the Court of Appeals noted that the Pena’s counsel did not invoke alleged violations of U.S. and New York Constitutions.

“Although defendant generally objected to the length of the sentence before the sentencing court, arguing that the sentence was draconian, he did not alert the court to his constitutional argument,” Judge Sheila Abdus-Salaam wrote for the six-judge court.

“Thus, the sentencing court was never given an opportunity to address any of the constitutional challenges that defendant now lodges with this court,” she added.

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Chief Judge Janet DiFiore joined the ruling, as did Judges Jenny Rivera, Leslie Stein, Eugene Fahey and Michael Garcia.

Attorney Savitt bristled at this reasoning. “The Sixth Amendment now takes precedence over weight to give to it than the Eighth Amendment,” he said in an interview.

Another sentencing disparity in Pena’s case involves that between the average U.S. sentence as opposed to other advanced nations.

Marc Mauer, the executive director of the advocacy group Sentencing Project, surprised many in congressional testimony last year by proposing an upper limit of no more than 20 years – barring “exceptional circumstances” – in the federal sentencing structure.

That Pena had been a police officer when he committed his horrific crime likely contributed to his heavy sentence, but Pavitt asserted that international politics may have played a role as well.

Just days after Pena’s attack, New York City prosecutors were forced to withdraw charges against Dominique Strauss-Kahn because of evidence discrediting the hotel maid whom the then-director of the International Monetary Fund director had allegedly raped.

Activists accused Manhattan District Attorney Cyrus Vance at the time of blaming the victim.

Savitt suggested that this political climate created a tough posture in prosecuting his client, though this argument did not come up in Pena’s appeal.

Judge Rowan Wilson did not take part in the decision as he only joined the court in January.

Judge Abdus-Salaam is the first Muslim woman to sit on the state’s highest court.

  • The Cat’s Vagina

    He must have roughed her up pretty badly for them to overlook his “service to the community” and impose such an appropriate sentence. Surely, nobody believes this was the first woman he’s ever raped.

    • David Daisy May Boldock

      With you on that one lass. He deserves all he gets.

      • The Cat’s Vagina

        Let’s hope he conversely gets all he deserves… whatever that may be!

        • David Daisy May Boldock

          We can hope he drops the soap a few times 🙂

          • The Cat’s Vagina

            Not me. I’m one of those weirdos who actually believes that rape is never OK.

          • David Daisy May Boldock

            Correct but some deserve exceptions to the rule.

          • The Cat’s Vagina

            That also means granting a rapist the “exception” as well, and I’m just not willing to do that. Do some people deserve to be raped? YES! Does anyone deserve the right to rape them? Hell no! It’s quite the prisoner’s dilemma.

          • David Daisy May Boldock

            No wonder the US Judiciary is as fucked up as it is.

          • The Cat’s Vagina

            Hey, don’t blame me – I’m not in charge of anything!

          • Guy

            I’am just laughing my self silly, reading all the responses about what some want to do and not do to this creep !

            I think the main point seem’s to be that rape of any type is never okay, regardless of the circumstances, and even though the sentence seems harsh, he got what’s coming to him !

            My 2 cents ! Dose he deserve a long time in prison for his crime, yep ! Also think that the sentence is too long, considering they usually let heavy repeat felons go much sooner than that. Thinking that a solid 20-25 years with no possible parole, ought to cool his jet’s out just fine, while sending a very clear message out to others, is a good thing. Not that it will do any good, as long as we got Judges like that idiot, that gave the Stanford swimmer 6 months and out in 3, for the same damn thing !

          • Blaine

            A factor that may be unreported in this article is the effect on the victim. Is entirely possible and likely she suffers from ongoing psych issues and perhaps inability to work. I don’t know. Running them consecutively in this case is unusual.

            The sentence is harsh but appropriate. If it were my daughter I would at least know I don’t have to come up with a working plan to off the SOB when he gets released (though I’d probably have something on the back burner just in case he does get an early release).

            As for him being raped in prison….meh.

          • Guy

            Yep and agree ! But only differance is, that had this been my little girl, it would be really questionable if the guy would have even made it to his preliminary, with out having a really bad and fatal accident !

            About him getting raped in prison or not ? I’am like you…….meh.

          • Guy

            Oh yes you are. It’s all your fault, just ask anybody here, and they will be happy to tell you it is !

          • David Daisy May Boldock

            You should be. Keep the scum off the street haha

          • TeslaFan

            But you wouldn’t be surprised if his karma hunted him down in prison, would you?

          • The Cat’s Vagina

            Not even a little.

          • Domina Elle

            Me too. Besides over 60% of reported prison rapes are committed by the STAFF. I’m not interested in enabling rape EVER. There is no justification for rape ever. There are no ‘special’ rapists who get to dole out rape as punishment and not be just as sick and disgusting as the ones who they’d be raping with the blessing of the masses. I wish people would stop enabling the prison rape punishment narrative. It’s part of the damn problem.

        • FiuToYou

          Here, hear!!

        • TeslaFan

          Ex-cops in prison are never safe. Or so I’ve heard.

    • Blaq Knite

      Totally crazy that they tried to argue it wasn’t rape as well. Because he supposedly had not penetrated her vaginally and only orally and anally it was not technically rape in NY at the time. Sexual assault, but not rape. Are you kidding me?

      • The Cat’s Vagina

        That is horrifying! Oklahoma had to recently change their laws to concede that yes, it’s rape rape when you stick your dick into the mouth of an unconscious woman!

  • LawrenceNeal

    75 years? My opinion, rapists deserve to be chained to a stake in the ground and slowly stoned, until dead. And then their bodies fed to swine, so their final form upon this earth is pig shit.

  • Abz B Zbas

    The victim received a life-time sentence. I have no problem with giving this guy 75-life.

  • doucyet

    “Prosecutors broke down Pena’s assault into three separate offenses in his indictment, with each carrying a 25-year sentence.”

    Bu bye. Rapists are the lowest form of life………….

  • FiuToYou

    He gets what he deserves and then some! It’s time to show these animals that there’s a law in this land. You go against it and you pay the price. As far as I’m concerned a rape of any woman is right up there with murder and if you’re a cop doing the act it’s lucky he didn’t get the death penalty!!

    • morsextenebris

      Yep, especially after pointing his loaded firearm at said victim, just another POS criminal holding a badge & wearing a uniform.

  • tom browne

    cop in a box. nail his ass good. 73 years hard labor. make an example of the creep

  • Domina Elle

    Police are used to being able to do whatever they want in a variety of circumstances.

    Woman calls 911 to report she was being trafficked. Months later trafficking investigators track her down in another city fly to that city- one of the cops book an appt with her, has sexual contact with her before troopers raid the room. Here’s the recording: https://youtu.be/EWIdgoSNZWI

  • Domina Elle

    Cops can LEGALLY have sex with persons they are ‘investigating’ so why shouldn’t some feel emboldened to do whatever they want?

    Alaskan sex worker describes incident of detective having ‘sex to completion’ with her and how she avoided arrest by being a ‘wise woman’:

  • Little_Caesar


  • Sillywilly

    personally I’m OK with 75 years…as CV stated this is no doubt not his first rape or would it have been his last…rapists, murderers, pedophiles…throw them into an industrial sized wood chipper for all I care

  • Ibcamn

    been telling ya…..all cops are criminals…….

  • Fernesque Golan

    Maybe they should give him a choice, like 10-15 years if Pena lets them lop off a couple of inches from his penis.