Victor Peña trial: Peña’s cell phone had hundreds of explicit photos of victim, report says; prosecution expected to rest Friday - masslive.com

2022-07-24 13:41:35 By : Ms. Betty Lin

Prosecutors in the rape and kidnapping trial for Boston man Victor Peña told jurors on Thursday that Peña’s cell phone contained hundreds of explicit photos of the victim, according to a report by WCVB.

Meanwhile, jurors are expected to go on crime scene view today, according to the Suffolk County District Attorney’s office. The prosecution is expected to call one additional witness and then rest, with closing arguments possible on Monday, the DA said.

Peña, 42, faces 10 rape charges and one kidnapping charge stemming from a 2019 incident in which he allegedly abducted a 23-year-old woman in Boston, held her in his apartment for three days and sexually abused her, according to the Suffolk County District Attorney’s Office.

There were 322 photos and six videos of the victim from the three days she was allegedly held in Peña’s home on his phone, according to a digital forensic specialist, WCVB reported.

On Wednesday, the victim took the stand herself and told jurors that Peña threatened her life while holding her in his apartment, WCVB reported.

“I didn’t want to die,” the victim told jurors, according to the news station. “He threatened to kill me.”

She further said that Peña told her that he rescued her and they would start a family, WCVB reported. She said she tried to escape twice unsuccessfully and wondered whether she could hit him or stab him with something, but feared what would happen if she failed.

After numerous delays in the trial, and an incident during which jury selection had to be interrupted due to Peña allegedly being seen naked and committing a lewd act on a monitor in the courtroom, the trial began on Monday, the district attorney’s office said.

On Tuesday prosecutors showed jurors surveillance video that they said showed Peña and his victim together, with the victim falling down and Peña picking her up and guiding her in the direction of the T, according to NBC Boston.

From there, prosecutors say that Peña held her in his Charlestown apartment for three days, sexually assaulted her and refused to let her leave as authorities searched for her, the news station reported.

A retired Boston police detective, Michael Talbot, was first to enter the apartment and find the victim, according to WCVB.

“She was shaking, crying, had her arms clutching her face. She was disheveled and had a horrified look on her face,” Talbot said, according to the WCVB report.

On Monday, during opening statements, Assistant District Attorney Ian Polumbaum told jurors that for the victim, “a night out with her twin sister and some friends turned into almost three days of hell, three days of fear, three days of isolation,” according to the Boston Globe.

Peña’s own attorney, Lorenzo Perez, said during opening arguments Monday that the jury would see, “evidence of bizarre behavior and thinking which will inform your decision with regard to that element, that state of mind, that element of intent,” according to WCVB.

A Suffolk County grand jury indicted Peña on one count of kidnapping and 10 counts of aggravated rape, all of which he pleaded not guilty to. He was deemed competent to stand trial but was held without bail after being deemed too dangerous for release.

The trial has been delayed several times, prolonging the court case for the past three years — most recently, in February, when Peña asked for medical release from jail. In September 2021, Peña fired his lawyer after the lawyer reportedly refused to argue that the woman was a prostitute and later fired his public defenders — once again delaying the trial.

Earlier this month, the judge for Peña’s case determined that Peña was competent to stand trial. The same day, Peña attempted to dismiss his counsel and defend himself — the judge refused both requests, the Suffolk County District Attorney’s office said.

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