Convicted Butler rapist charged with trying to influence jury

A carpenter from Vernon, who was found guilty last week of sexually assaulting a woman outside a Butler bagel shop in 2007, was charged Tuesday with collaborating with an acquaintance to try to influence the jury.

The Morris County Prosecutor's Office on Tuesday afternoon served convicted rapist Andrew Pena, 48, at the Morris County Jail with copies of the criminal complaints, authorized by state Superior Court Judge Stephen Taylor, who presided over Pena's trial.

As the trial that began on Oct. 27 was underway, an investigation began into alleged attempts by Pena to influence the jury and obstruct the administration of law, according to a release from Morris County Prosecutor Fredric M. Knapp.

Ultimately, Knapp stated, it was discovered that Pena conspired with Michael Campbell, 44, of Wharton "to distribute information that was previously deemed inadmissible during trial, in an effort to influence the jury."  Confidential documents, provided to Pena in accordance with the Rules of Court, were duplicated, altered and then disseminated in areas near the Morris County Courthouse, according to the release.

The probe "also revealed communications between Pena and Campbell detailing their plans to disseminate this information, including which documents were to be used, the manner in which they would be disseminated, the areas they would be disseminated to, the appropriate time to disseminate the information and the urgency of following through with this conspiracy," the release said.

The release did not detail how communications between Pena and Campbell were intercepted, but in some prior cases, authorities have received judicial permission to listen in on phone calls involving Morris County jail inmates.

Michael Campbell was arrested by detectives with the Morris County Prosecutor’s Office on Nov. 5 and charged with obstructing the administration of law or other governmental function, and corrupting or influencing a jury.  The crimes are third and fourth-degree offenses, respectively. Campbell was released into his own custody.

Pena also is charged with obstructing administration of law or other governmental function and corrupting or influencing a jury.  Bail on the new charges was set at $25,000, but his bail on the aggravated sexual assault case already was revoked upon his conviction on Nov. 10, so the new bail is meaningless.

Knapp credited the work of the office's Major Crimes Unit, as well as the Criminal Investigation Section, the Bureau of Corrections, and the Protective Services Unit of the Morris County Sheriff’s Office for their efforts in this investigation.

Pena previously was found guilty after a trial in 2009 of the same charges -- aggravated sexual assault, sexual assault, criminal sexual contact and burglary -- but won a new trial on appeal.  At his second trial before  Taylor in Morristown, Pena represented himself and got testy with the judge by declaring that he believed four female jurors who seemed to believe him were selected as alternates and did not deliberate.

The jury of 10 women and two men deliberated about three hours before finding Pena guilty of all charges on Nov. 10.  He faces a minimum of 20 years in prison when sentenced on Dec. 4.  After his first conviction, which ultimately was reversed, he was given a sentence of 27 years and nine months.

Pena was found guilty of burglary by opening the then-19-year-old victim's car door, yanking her out, pulling off her pants and underwear, molesting her and forcing her to touch his genitals.

The attack occurred around 3:30 a.m. on Jan. 28, 2007, when the young woman, accompanied by two  friends, drove her friend's car to G&A Bagel shop on Route 23 in Butler for late-night snacks.  The victim  remained in the unfamiliar car while her friends went in the shop.

She testified that a man she believed was an employee because he was sweeping snow in front of the store ordered her to move the car to the rear of the shop because she was blocking other vehicles.  She said she thought she could circle around the back of the store to the front but found herself in a dark, alley-like area.  The man, with "a disgusting grin" on his face, then approached her car with his genitals exposed and pulled the car door open while she panicked trying to restart the vehicle.

She was assaulted on the ground by the car and the attacker fled when he heard voices.  Pena's fingerprints were found on the car, his boot prints in the snow and the victim identified him in a photograph array.

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