Kidnapping, Rape Suspect Performed Obscene Act During Jury Trial

BOSTON — A man accused of kidnapping and raping a woman in Boston in 2019 was ordered out of the courtroom during the jury selection of his trial Wednesday for performing a lewd act.

Victor Pena, 42, of Charlestown, suddenly appeared naked on a monitor in the courtroom and began performing "an obscene" act in front of potential jurors in another room for approximately 16 seconds before an officer appeared and the video was shut off.

The potential jurors who witnessed the act were excused based on what they had seen alone. Pena will continue to be allowed to hear and view the proceedings remotely, but will no longer appear on a monitor in the main courtroom, officials said.

Pena currently faces one count of kidnapping and 10 counts of aggravated rape. Authorities said he held a 23-year-old woman against her will and sexually assaulted her at his Walford Way home in Charlestown in January 2019.

Pena underwent a mental competency evaluation following his arrest in January. His attorney told reporters in early 2019 at Charlestown District Court that he likely would be fit to stand trial, despite Pena's brother describing his brother as mentally slow.

Dr. Jodie Shapiro, a court-appointed mental health clinician, said in court earlier that when she talked to Pena, he acted bizarrely, falling to his knees several times, sucking his thumb and praying loudly for forgiveness, and that he appeared to be hearing voices.

"His behavior appears to be somewhat psychotic, but also bizarre," Shapiro said. "Some symptoms are so bizarre to suggest exaggeration."

Pena was ordered held without bail and was taken to the Nashua Street Jail after his pretrial court appearance in March.

The woman went missing in January, setting off a three-day search that ended when she was found alive in Pena's Charlestown apartment. She told police she had been held against her will and that Pena had taken her cell phone from her.

"It's clear to me something is missing," Jose Pena told reporters inside the Charlestown courtroom Friday. He said his brother's ex-wife would testify on his behalf later.

Authorities have said Charlie Card information and images from security footage helped identify Pena and helped lead to his arrest.