Butler rapist gets 29 years in prison

Ranting and accusing the trial judge, prosecutors, public defenders and a court clerk of misconduct, convicted rapist Andrew Pena was sentenced Friday to 29 years and four months in prison for pulling a woman out of a car and sexually assaulting her in 2007 outside a bagel shop in Butler.

Former Vernon carpenter Andrew Pena, now 48, repeatedly disparaged the victim and flung around accusations against court staff so that Superior Court Judge Stephen Taylor in Morristown ordered sheriff's officers to remove Pena from the courtroom. The judge gave Pena a few minutes to cool down in a cell and then tried to bring him back to the courtroom to hear his sentence but Pena refused to be present for the actual sentence.

While Pena -- who represented himself at trial this fall -- was still in the courtroom he asked the judge to dismiss the charges or order a new trial. Agitated and shouting at times, Pena charged that inadequate DNA tests were performed to link him to the Jan. 28, 2007 sexual assault, and that four female jurors who "were crying" out of sympathy for him when he delivered his closing arguments in November were deliberately selected as alternates.

"This case has been nothing but discovery violation after discovery violation. Judge, you said you were going to give me a fair trial. You didn't give me a fair trial," Pena said to Taylor.

"Justice. This is not justice, judge. Justice is what you'll get from the Appellate Division," Pena said.

Referring to the Bible in the courtroom on which witnesses swear to tell the truth before testifying, Pena even suggested he was designated by God to fight the charges.

"That's who's chosen me to bring justice to this county," Pena said.

Pena, who has two prior convictions for exposing himself to women, was originally convicted after trial in 2009 of sexually assaulting the woman, then 19, outside G&A Bagel Shop in Butler.  Pena was sentenced to 27 years and nine months in prison but because of judicial errors, the state's appellate division ordered a new trial. The second Morris County jury on Nov. 10 found Pena guilty of aggravated sexual assault, sexual assault, criminal sexual contact and burglary, for illegally entering the victim's vehicle to yank her out around 3:30 a.m. on Jan. 28, 2007.

Taylor's sentence Friday of 29 years and four months in prison requires him to serve at least 23 years and eight months before parole eligibility. With credit for time he already has spent in custody, he has to serve about 16 more years in prison before parole consideration.

"The record will disclose it is a verdict that is just," Taylor told Pena, who vowed to appeal. "You're not an innocent man."

"There were no jurors crying at the end of Mr. Pena's summation. That is delusional," Taylor said. He also called Pena "a narcissist" and "a misogynist" -- a man who hates women. Taylor characterized Pena as a woman hater because of his past lewdness convictions and the savage way he defiled the victim on Jan. 28, 2007.

Both the judge and Morris County Assistant Prosecutor Christopher Schellhorn, who tried the case, were incensed at the allegations Pena threw out.  His accusations included that the victim went to the bagel shop "to cop some drugs," that Pena had a personal relationship with the female prosecutor who tried his first case, and that court workers conspired to make sure certain jurors were alternates who did not deliberate.

"You're unhinged, you're out of control," Taylor told Pena, noting that Pena throughout the trial displayed a lack of self-control as did the man who raped the victim. The victim, now 28, chose not to appear for sentencing but her mother did.

Schellhorn said that Pena re-victimized the woman when she testified at trial. Though Pena represented himself, standby legal counsel Elizabeth Martin cross-examined the victim using questions dictated by Pena.

"It was not enough that he inflicted harm mentally, emotionally, sexually, physically," Schellhorn said.  "When she came into this courtroom to testify, this defendant continued to chisel away at what little dignity that young lady had left."

Pena interrupted: "This was a drug deal gone bad."

No evidence was ever produced that the victim was at the shop to buy drugs; she had gone there with three friends buy snacks and remained in the vehicle while her friends went inside. Pena pretended to be an employee and directed her to drive to the rear of the store so she didn't block the cars of other patrons. He then approached her car in the isolated, dark space and attacked her.

"That absolutely is harm inflicted on that woman's psyche," Schellhorn said of the drug allegation. As Pena continued to try to talk over Schellhorn the judge ordered him removed from the court.

Schellhorn asked that Pena be sentenced to at least the length of time Pena received after the first trial. Taylor imposed roughly two more years than called for in the first sentence.

"I lack the vocabulary to capture the type of person he is," Taylor said. "To attack the victim again goes beyond the bounds of human decency."

"Mr. Pena's conduct shows a complete lack of control," the judge said. "I think Mr. Pena is a danger, to women in particular."

At the start of sentencing, Pena also had railed at new charges of witness tampering that were filed against him after the verdict. He is accused of conspiring with an acquaintance, a man he met in the Morris County jail, to leave reports and trial-related documents that were barred as evidence, on the cars of jurors.

Authorities said the documents were mistakenly left on vehicles owned by court employees. Those charges have not been resolved.

The victim's mother thanked police, Schellhorn and the Morris County Prosecutor's Office after the sentencing.

"I want to thank the jurors, the judge and a special thank you to Chris and his team for giving us a happy holiday and some peace for my daughter," the victim's mother said.

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