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Accused 'Rape' Cop Michael Pena Disgusted Arresting Officer

By DNAinfo Staff on December 15, 2011 12:48pm  | Updated on December 15, 2011 6:49pm

Pena (in white suit) is being held on held on $500,000 cash bail or $1 million bond.
Pena (in white suit) is being held on held on $500,000 cash bail or $1 million bond.
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DNAinfo/Ben Fractenberg

MANHATTAN SUPREME COURT — A police officer who found a fellow cop allegedly raping a 25-year-old teacher at gunpoint in an Inwood alley tossed the suspect's shield to the ground "in disgust," he testified Thursday.

Officer Timothy Kraft and his partner allegedly found Michael Pena mid-attack in the back of a Park Terrace West building on Aug. 19.

"What the f--k are you doing?" the shocked Kraft asked before drawing his handgun and forcing Pena, 27, to the ground, the arresting officer said in Manhattan Supreme Court during a pretrial hearing.

Seeing that the suspect had an NYPD-issued gun and was familiar with police radio code "85," or a call for backup, Kraft asked if he was a cop and searched him for a badge.

"I thought, 'Oh, s--t' he might be a cop," the officer said, shortly before he found Pena's shield in the back pocket of the suspect's jeans.

"What happened next?" Assistant District Attorney Evan Krutoy asked.  

"I looked at his shield and I threw it to the ground in disgust," the officer said.

Police said the accused rapist had bloodshot eyes, smelled of alcohol and was admittedly drunk.

Kraft's partner tried to speak to the alleged victim as other officers arrived to help arrest Pena, according to the details revealed at the hearing.

The teacher told police that Pena led her to the alley from a nearby subway station at gunpoint after he asked her where the No. 1 train was. She had been waiting nearby for a ride to the school she worked at in the Bronx, she told cops.

But after she refused his advance, he flashed his police weapon and told her, "You're coming with me," before taking her to the isolated spot and raping her, she told police.

Cops arrived after neighbors reported the alleged attack.

Pena's attorney, Ephraim Savitt, has argued no attack took place and that the alleged victim consented to sex.

Thursday's hearing was held to determine whether statements made by Pena — including apparent guilt that he had "cheated" on his girlfriend — would be admissible at trial.

The hearing, which also featured police testimony about the photo lineup conducted, was continued through Thursday afternoon with several additional police witnesses taking the stand and is scheduled to resume on Monday.