Crime & Safety
Butler Sexual Assault Conviction Overturned
Andrew Pena was found guilty in 2009 of sexual assaulting a 19-year-old woman two years earlier.
A state appeals court tossed out the conviction of man charged with sexually assaulting a 19-year-old woman in Butler almost seven years ago.
Andrew Pena, 46, was found guilty of sexual assault, criminal sexual contact, criminal restraint, and burglary in August 2009, the Daily Record reported. Pena allegedly entered the victim's vehicle and "violently" yanked her from it at 3:15 a.m. on Jan. 28, 2007 behind the G&A bagel shop on Route 23 in Butler. He was originally sentenced to 27 years and 9 months in prison.
The court determined that Salem Vincent Ahto, the Superior Court judge who presided over the trial, "allowed prejudicial testimony that warranted reversal," the website reported.
The Morris County Prosecutor's Office can request the Supreme Court to review the decision. It can also retry the case.
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