Brooklyn prosecutors dropped rape charges Wednesday against two disgraced ex-NYPD detectives accused of having sex with a woman in their custody.
Former cops Richard Hall and Eddie Martins now face only bribery and official misconduct charges for letting a prisoner go after receiving a benefit — sex — from the young woman.
Assistant District Attorney Frank DeGaetano on Wednesday moved to dismiss all charges not listed in a new superseding indictment. Under the old indictment, the pair faced charges of rape, kidnapping, unlawful imprisonment, sex abuse and sexual misconduct.
Judge Danny Chun agreed to dismiss the earlier indictment, and Hall and Martins pleaded not guilty to the new string of accusations. They’re expected to answer the charges in court at a later date.
In the controversial case, Martins and Hall arrested a woman, who goes by the name Anna Chambers on social media, on a minor drug charge at Calvert Vaux Park in Gravesend in September 2017. Chambers, now 20, alleged the cops took turns raping her in a police van.
The detectives quit the NYPD in November 2017, and said through their lawyers that the sex was consensual.
Chambers didn’t testify in front of the new grand jury, and the Brooklyn District Attorney’s office won’t be calling her to testify if the case goes to trial, prosecutors said.
“We do believe however that the charges are still serious,” DeGaetano said. “We believe that it’s a strong case, with compelling scientific evidence.”
A law enforcement source said prosecutors still believe Chambers is a victim, although she’s stopped cooperating with the Brooklyn DA’s office. A spokesman for the DA couldn’t say if prosecutors asked the grand jury to file rape charges this time around, citing grand jury secrecy rules.
“We are fully committed to holding to holding these defendants accountable by vigorously pursuing the charges in this case that can be proven with independent and reliable evidence,” the spokesman said. “We believe — as the newly-created statute recognizes — that any sexual conduct between police officers and a person in their custody should constitute a crime. However, that was not the law at the time of the incident.”
“Because of this and because of the unforeseen and serious credibility issues that arose over the past year and our ethical obligations under the rules of professional conduct, we are precluded from proceeding with the rape charges,” the spokesman added.
It’s not believed Chambers will face bribery charges.
The two ex-partners were about to go to trial for rape when their lawyers and the Brooklyn DA’s office asked for a special prosecutor take over the case.
In the letter requesting a special prosecutor, the DA’s office claimed Chambers “made a series of false, misleading and inconsistent statements about the facts of this case and about collateral or unrelated matters. Most troubling, she made some false statements under oath…. We have had to confront (her) many times about these statements.”
A judge refused to allow a special prosecutor, forcing the DA to go back to the grand jury for new charges.Chambers wasn’t in court Wednesday when the new charges were filed.
“She’s so fed up and depressed about this whole situation, that she’s in a state of hopelessness right now,” said her lawyer Michael David, who plans to take the case to the U.S. Attorney’s office, and request that federal civil rights charges be lodged against the two former officers. “This is a bad message for all victims of sexual assault in this country. It’s just a horrible message that they won’t prosecute a rape case against cops,” David said. “There is something wrong with the system if this is going on,” he said.
Neither cop would comment as they left court.
Martins’ attorney, Mark Bederow, said the rape charges “should never have been brought.”
“It’s a belated benefit for us,” he said. “And now we can try the case, what’s left of it.”
Bederow denied allegations that he and Hall’s lawyer, Peter Guadagnino, tried to smear Chambers in an attempt to get the charges dropped.
“We brought to light facts that demonstrated that her testimony was false,” Bederow said. “They dismissed the indictment because they don’t believe her. It’s not personal.”
“Cases have to be brought with credible evidence,” Bederow said. “This wasn’t. The DA agrees.”
Chambers’ supporters were outraged.
“We are infuriated and outraged at the Brklyn DA’s decision to drop all rape and sexual assault charges at today’s hearing, but we are unsurprised by a system that continues to protect its rapist agents. Solidarity with @annaaachambers and all victims of sexual violence by police,” members of the Metropolitan Anarchist Coordinating Council of NYC said on Twitter.
