As rape trial for ex-cops stalls, legislation makes its way toward Cuomo

January 22, 2019 By Christina Carrega Brooklyn Daily Eagle

Supporters for the woman accusing two former detectives of raping her stand outside Brooklyn Supreme Court. Eagle photo by Paul Frangipane

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It’s been more than 16 months since an 18-year-old Brooklyn woman reported to NYPD from a Borough Park hospital that two of their fellow officers kidnapped and raped her in the backseat of a law enforcement vehicle.

Since the alleged crime was reported in September 2017, the alleged rape survivor has introduced herself to the public under the alias “Anna Chambers,” and anti-crime Detectives Richard Hall and Eddie Martins have together been charged in a 50-count indictment, which carries up to 25 years in prison.

“They took an oath to protect and serve but allegedly violated that oath by raping a young woman who was in their custody,” said Eric Gonzalez at the time of the indictment, then the acting Brooklyn District Attorney. “We will now seek to hold them accountable for this flagrant betrayal of public trust.”

Hall, 33, and Martins, 38, both admitted to having consensual sex with Chambers and resigned from NYPD.

In February 2018, state Sen. Andrew Lanza sponsored Bill S7708 to amend the lack of consent laws to include prohibiting officers from having sexual contact with suspects in custody.

“Police officers come into contact with people in all kinds of vulnerable situations — people who are using drugs, who are engaged in minor lawbreaking, who have unstable living situations or who may have mental health challenges,” said a law enforcement source familiar with the case. “Nothing illustrates the need for the new statewide law more — and the importance of enforcing it vigorously going forward.”

Tuesday morning’s brief court appearance was scheduled as the beginning of jury selection before Justice Danny Chun. But in a turn of events last week, prosecutors and defense attorneys Mark Bederow, Daniel Bibb and Peter Guadagnino requested that a special prosecutor step in to take over the case.

“When this kind of request is made, certain rules have to be followed,” said Justice Chun to the attorneys in Brooklyn Supreme Court. The chief administrative judge and the judges with the Second Department Appellate Division have to decide whether or not their request should be granted, Justice Chun said.

Chambers’ day in criminal court could be delayed for several more weeks. However, she began seeking justice in federal civil court through a $50 million lawsuit filed against Hall, Martins and the city.

“She was ready to proceed to [criminal] trial and have the truth come out. Nothing has changed since that night on Sept. 15. She was kidnapped, handcuffed, raped and thrown onto the street,” said Michael David, Chambers’ civil attorney.

Because David declined to pause the proceedings in Brooklyn Federal Court until the criminal case wrapped up, the ex-cops’ attorneys paid close attention to the accuser’s statements every time she’s been under oath in the civil case, using her sworn words as grounds to file motions to dismiss the criminal matter.

In a letter to Justice Chun earlier this month, Bederow, Bibb and Guadagnino cited grounds to charge Chambers with perjury after she allegedly gave testimony in the civil proceedings that was inconsistent with the grand jury testimony that led to their clients’ indictments. Prosecutors recommended that Chambers get appointed a criminal defense attorney.

Chambers then took to Twitter, charging that she was coerced during her testimony to the grand jury. Chambers’ accusations, coupled with other reasons cited in a letter to Justice Chun, sparked the prosecutors to join in the defense’s application to back away from handling the case.

“[The defense team is] trying all these tactics now to attack her and demean her, to shame her, to smear her. We want the truth to come out; we don’t want this to delay. We want this to go to trial as soon as possible,” said David.

Justice Chun set Feb. 6 as the next court date, but if the higher court does not make a decision before then, another date will be determined.

Meanwhile, as of June 2018, state Sen. Lanza’s bill is still under review and has several steps to go before it is signed into law by Gov. Andrew Cuomo. “… laws in nearly three dozen states have allowed police officers to argue that such sexual contact can be consensual and that their standing as an arresting officer is essentially a non-factor in such allegations,” The Washington Post reported in October 2018.

Nonetheless, the proposed statewide law is, so far, the best scenario to come out of “this horrible situation,” the source familiar with the case told the Eagle.