MORRIS COUNTY

Morris County jury to deliberate fate of accused rapist

Peggy Wright
@PeggyWrightDR

Equating himself to Jesus Christ, alleged rapist Andrew Pena asked a jury Monday not to "scapegoat" him for the attack on a woman outside a Butler bagel shop, while an assistant prosecutor said all evidence and the victim's identification of Pena mark him as guilty.

Sexual assault suspect Andrew Pena gives his closing statement in Superior Court, Morristown, on Nov. 9, 2015

"It's just so embarrassing.  It's embarrassing, the label that's been on my head for 10 years," Pena, now 48, told a Morris County jury in his hour-long summation at his trial on charges of aggravated sexual assault, burglary, criminal sexual contact and sexual assault on a 19-year-old woman on Jan. 28, 2007.

Jurors heard closing arguments from Pena and Morris County Assistant Prosecutor Christopher Schellhorn before Superior Court Judge Stephen Taylor gave them the legal jury charge they must follow in their deliberations.

Pena insisted on representing himself at trial but had attorney Elizabeth Martin serving as standby counsel, and she cross-examined the accuser, who now is 28. In recent days, Pena has been claiming to the judge that he has been short-changed on a defense and experts and that the charges should have been transferred out of Morris County for prosecution.

Morris County Assistant Prosecutor Christopher Schellhorn

Pena started his summation with references to the crucifixion of Christ and said one of two men crucified along with Jesus believed in his innocence. He urged at least one juror to believe in his innocence, saying "It just takes one."

The verdict has to be unanimous among 12 jurors. If at least one disagrees with the others, the jury would be declared deadlocked.

Pena was highly emotional, starting to cry, when he recalled how the victim had described her attacker as having a ruler-length sexual organ.

"For crying out loud, I don't have a 12-inch member," he cried out.  He said he was humiliated that he showed jurors naked photographs of himself but Morris County Assistant Prosecutor Christopher Schellhorn said Pena was not aroused in the photos or feeling "exhilaration" as he did when he spotted a vulnerable woman to accost.

In contrast to Pena, who frequently was emotional and on the verge of tears, Schellhorn calmly itemized the evidence against Pena and asked for a guilty verdict.

"He didn't anticipate that his face would be burned into (the victim's) memory," Schellhorn said.

Schellhorn noted that Pena's fingerprints were found on the driver's side of the vehicle operated by the victim. The woman had testified that she was hanging out with friends in Butler and she drove one friend's car to G&A Bagel shop around 3 a.m. on Jan. 28, 2007 to get snacks.

Boot prints that matched distinctive-patterned boots recovered at Pena's home were found by the victim's vehicle.  She also picked his photograph out of a photo array of six men.  Pena, who did not testify at trial, has highlighted that he drives a Dodge pickup.  Schellhorn said a vehicle described as a Ford F150 was seen fleeing the shop and was similar to Pena's truck.  Pena's license plate and the partial plate observed on the fleeing truck are very similar, Schellhorn noted.

The victim testified that her two friends went into the store while she remained in the unfamiliar car. A man sweeping snow in front of the shop directed her to move her vehicle, to turn off the headlights and again to drive to the rear of the store.  The victim testified she thought the man with the broom was an employee and that she could circle the building but she found herself in a dark alley.

The man, she said, approached her car with his genitals exposed and wearing "a disgusting grin." She said she couldn't get the car started and that he yanked her out of the driver's side, pulled off her pants and underwear, molested her, and whispered to her to touch his genitals. She said the attack ended when the man ran off at the sound of voices.

"There is no reasonable, logical explanation for why that man's fingerprints are on her car," Schellhorn said.

Pena multiple times mentioned the lack of DNA that links him to the attack and said store employees, customers and tenants above the shop weren't interviewed as possible suspects.  Schellhorn said DNA analysis was undertaken but a forensic scientist was not able to develop a profile from the biological material submitted.

Claiming that evidence was withheld from him, Pena said: "As an American, a red-blooded American, a taxpayer, I'm entitled to that evidence."

The jury wasn't told but Pena was tried previously for the sexual assault, found guilty and sentenced to almost 28 years in prison.  Because of errors committed by the first judge, his conviction was reversed and a new trial granted.

   Peggy Wright: 973-267-1142; pwright@GannettNJ.com.