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Updated 03/20/2012 05:42 PM

Defense Questions Doctor Testimony In NYPD Officer's Rape Trial

By: NY1 News

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A doctor who examined the woman who claims she was raped by an off-duty police officer took the stand Tuesday in the officer's trial.

The Columbia University physician called by the prosecution examined the 25-year-old teacher after the alleged attack by officer Michael Pena in August and says she was sexually assaulted.

Pena's attorney does not deny an attack took place but says Pena did not rape the woman.

Last week, the woman testified that Pena approached her on the morning of August 19 in Inwood and asked her for directions to a subway.

She says Pena showed her his gun, then guided her to an apartment courtyard where he raped her.

In court, the defense tried to prove some of the woman's injuries could have been caused by intercourse that happened before the alleged rape.

"It doesn't prove anything. That's his basic speculation, and he's coming to that conclusion drawn largely by her account. It comes down to her account," said Pena's attorney, Ephraim Savitt.

Pena's attorney says he's made a decision on whether to allow the officer to take the stand but would not say what that decision is.

If convicted on the top charge, Pena could spend the rest of his life in prison.