Jury in Officer Michael Pena's Trial Is at an Impasse Over Rape Charges March 26, 2012, 3:54 pm The jury deliberating the charges against a police officer accused of raping a woman at gunpoint in Upper Manhattan last August indicated on Monday that it had reached a verdict on several of the charges, but was stuck on others. In a note sent to the judge, the jurors said they had reached a unanimous verdict on three counts of criminal sexual assault and three counts of predatory sexual assault, which carries a maximum sentence of life in prison. But they were at an impasse on two rape counts, and did not believe further deliberations would be fruitful. Justice Richard D. Carruthers of State Supreme Court in Manhattan read the note aloud at noon, and directed the jurors to keep deliberating on all the charges, saying they had only deliberated for a total of about five hours since they began last Thursday. Their verdict was not disclosed. Fifteen minutes after they returned to the jury room, the jurors sent out another note requesting the legal definition of sexual penetration that must be met for a guilty finding on the rape charge, as well as a full re-reading of the victim's testimony. That was completed before the court closed for lunch. Prosecutors said Officer Michael Pena, 27, had been out drinking and pursuing women unsuccessfully since about midnight on Aug. 19 when he came upon the victim. It was just after 6 a.m., and she was waiting on the sidewalk for a ride to her first day at a new job, teaching second grade. Mr. Pena threatened to shoot the 25-year-old woman in the face if she made any noise or opened her eyes during the attack, which took place in a courtyard behind an apartment building. Ephraim Savitt, Mr. Pena's lawyer, acknowledged that a brutal attack had taken place, but said the prosecution did not prove that Mr. Pena had actually penetrated the victim.