BOSTON - Accused kidnapper and rapist Victor Peña is being held without bail for at least 120 days after a judge ruled there were no conditions that could be met to keep the victim safe.
The 38-year-old Charlestown man accused of kidnapping a Boston woman and holding her in his apartment for three days was ordered held without bail last month after a judge deemed him competent to stand trial.
On Wednesday, the judge heard testimony and arguments on the question of whether Peña should stay locked up while awaiting trial because he is a danger to the public.
"It is an unacceptable risk to release Mr. Peña at this point," said Suffolk County Assistant District Attorney Ian Polumbaum.
Day 2 of a dangerousness hearing for Victor Pena is scheduled to begin at 2pm. Prosecutors are asking a judge to keep the accused kidnapper and rapist locked up while he awaits trial. We are expecting to hear closing arguments on the motion in just a bit. https://t.co/MFCzosRU4g— Robert Goulston (@rgoulston) April 11, 2019
The lead prosecutor in the case argued Thursday that Peña is either mentally unstable or manipulative - or possibly both.
"There are claims of inability to understand things and hearing voices. Whether those are genuine or whether those are fabricated as the clinicians seem to believe, it's bad either way," said Polumbaum.
The 23-year-old victim told police she last remembers drinking two gin and tonics at Hennessy's Bar in Boston the night she went missing. The detective said she remembers waking up the next day naked in a dark apartment with Peña by her side.
"She woke up and wanted to get out of the apartment so she was trying to locate her clothing and the male stopped and she told him she wanted to leave... He told her she couldn't, stop and he threatened to kill her at some points," said Boston Police detective Mary Rooney.
Prosecutors want Pena held while awaiting trial. Pena’s attorney’s pitched idea of having suspect’s sister move to Boston and be his full-time custodian with any and all conditions put on his release. The Judge just took a recess and plans to rule shortly from the bench. https://t.co/7fuX0uH3tq— Robert Goulston (@rgoulston) April 11, 2019
In Peña's statement of the case, he says he gave the victim warm clothes and she listened to him talk about how sad he was when he lost his parents. Peña says he and the victim showered together and she even offered to help clean the apartment when she started to look for her keys. He described their relationship as consensual.
Police testified that Peña took 300 photos of the victim, some of which were sexually explicit and some while she was not awake.
Judge has ruled Victor Pena is going to be held without bail until trial because there are no clear and convincing conditions that he could be released without posing a threat of danger to the victim. https://t.co/BJ1QfE0gJR— Robert Goulston (@rgoulston) April 11, 2019
Peña's attorney told Boston 25 News they respect the judge's decision. Peña's brother has said his brother is mentally challenged and basically has the education of a sixth-grader so that is something they plan to enter into evidence at trial.
Peña is charged with ten counts of rape.
© 2019 Cox Media Group.