Victor Pena decides to testify at last minute in kidnapping, rape trial
BOSTON - Victor Pena, the man charged with kidnapping and raping a woman after she left a Boston bar in 2019, took the stand at his trial Monday in a surprise turn of events.
Closing arguments were set to begin this morning in Suffolk Superior Court after the defense rested Friday, but Pena decided to take the stand at the last minute.
Pena had not been in the courtroom for the trial, but he has listened in on a live video feed remotely.
Last week, Pena's accuser testified he kidnapped her in January 2019 after she left Hennessy's bar near Quincy Market and then raped her repeatedly for three days. A ping from her cell phone and surveillance video led police to Pena's apartment in Charlestown where they found her and arrested him.
He took the stand Monday and began testifying with the help of an interpreter, denying it was rape.
Pena told the court he met the alleged victim when she asked for help crossing the street. He said the woman kept making advances toward him and the whole ordeal was consensual. He wanted to take her to a hospital or police station because it seemed like she was very drunk, but she insisted on going to his apartment, Pena said.
He also testified that he was scared to call police for help because of an open warrant against him.
Pena said the alleged victim faked how intoxicated she was and willingly turned her phone off and hid it.
"The love grew, we liked one another," Pena said about when the victim was in his apartment.
The defense finished their line of questioning before a lunch recess. The prosecution did not have any questions for Pena.
Last week, his defense attorney focused in on his mental health. He told jurors that Pena was depressed, would often go on long rants and that Pena thought he and the victim would start a family together. Pena was animated during his testimony Monday, waving his arms, standing up, and was told by the judge to get back on topic.
During the alleged victim's testimony last week, the jurors were focused, listening to every word. But, according to WBZ-TV's Tiffany Chan, during Pena's time on the stand Monday, some were looking off, perhaps a bit skeptical.
After a break, the prosecution brought up forensic psychologist Dr. John Young. He testified that after interviewing Pena and reviewing his record, he does not believe Pena has a major mental illness but heavily doubts how accurately Pena can recall historical events and psychological symptoms.
"He informed me that he experienced hearing voices in different languages, that's very, very atypical for someone with an actual psychotic disorder," Young said.
Closing arguments are expected to begin Tuesday morning.