Two NYPD detectives surrendered to police early Monday morning after being accused of arresting and raping an 18-year-old girl in South Brooklyn last month.
Detectives Richard Hall, 33, and Eddie Martins, 37, were arrested in the confines of the 94th Precinct in Greenpoint at :00 a.m., according to the NYPD. Both Hall and Martins were arraigned on a 50-count indictment around 11:30 a.m. Charges include first-degree rape, first-degree criminal sexual act, second-degree kidnapping and official misconduct.
Both have been released on bail, according to attorney Mark Bederow, who is representing Martins. Martins made $250,000 bail, while Hall made $150,000 bail.
The charges stem from a traffic stop the two Brooklyn South Narcotics detectives made around 8:00 p.m. on September 15th, in Calvert Vaux Park in Gravesend.
According to the DA's office, both detectives were on-duty in plainclothes that night, and had been assigned to a "buy and bust operation" in the 60th Precinct. They allegedly left their post without permission, though, and drove to the park. There, Hall and Martins allegedly pulled the victim over and found a small amount of pot and two Klonopin pills in her Infinity Coup. The 18-year-old had two friends in the car with her, who the detectives allegedly let go.
According to prosecutors, the detectives then told the woman to call her friends and instruct them not to follow. Martins then allegedly told her that he and his partner were "freaks" and asked "what she wanted to do" to get out of the arrest.
Martins then allegedly forced the handcuffed teen to perform a "sex act" on him in the back seat of the van while Hall drove and "watched through the rearview mirror," according to prosecutors. Martins then raped the woman. The two detectives switched places in Bay Ridge, and Hall allegedly forced the woman to perform a sex act. Hall and Martins then allegedly dropped the victim off a few blocks from the 60th Precinct and told her to call her friends.
"They allegedly gave her back the Klonopin pills, told her to keep her mouth shut and released her," prosecutors said. The teen's friends took her to Maimonides Hospital, where doctors used a rape kit to recover DNA evidence of both detectives.
When the investigation into the alleged rape began, Martins and Hall reportedly claimed that sex did happen, but that it was consensual.
"I don't know how anything is consensual when you're on-duty, undercover, handcuff somebody and brutally rape them. It's just a mockery," the woman's civil lawyer, Michael David, told Gothamist after that claim. David has filed a $50 million lawsuit against the city on his client's behalf.
"I'm not surprised [by the charges] because her lawyer has been telling the press daily what they allege happened," Bederow, Martins's lawyer, told Gothamist today. "On the other hand I'm glad we are now in court where there is a burden of proof, as opposed to a lawyer making unchallenged allegations."
Speaking with reporters outside court, Bederow also pointed to what he sees as a contradiction in the charges.
“The DA is not fully invested in the young woman’s credibility either,” he said. “If they were, they wouldn’t be hedging by saying ‘on the one hand this was a horrible rape but on the other hand if you don’t believe that, they made an agreement where if she performed sexual acts they would let her go.’ Pick one, you can’t have both."
These charges are "very consistent with each other," acting District Attorney Eric Gonzalez countered. "They have a teenager in their car and within five minutes they've committed a litany of crimes. They raped this woman and they also committed the offense of bribery in doing so."
“To think that these are grown men in a position of power, who are blaming this on an 18-year-old girl, speaks in my opinion to desperation,” Gonzalez added.
Councilmember Mark Treyger, who represents Gravesend, has proposed a bill that would make it illegal for police officers to have sex with people in their custody.
It is currently not illegal for a law enforcement official to have sex with someone in their custody. The NYPD says "it is against department policy to have sex on duty," but if officers have "consensual" sex with someone in their custody before they get to the station house, they are not technically breaking the law.
Hall and Martins will appear in court on January 18th. If convicted, they could face up to 25 years in prison.