Conviction

12-8-2009 New York:

BIURNY PEGUERO, 27, has been indicted on multiple counts of perjury. The crimes charged in the indictment occurred on September 30, 2005 and September 26, 2006.

On October 7, 2005, William McCaffrey was indicted by a New York County Grand Jury for three counts of Rape in the First Degree, and one count each of Kidnapping in the Second Degree, Unlawful Imprisonment in the First Degree, Assault in the Second Degree, and Criminal Possession of a Weapon in the Third Degree. The charges arose from allegations of a sexual assault by three males, including McCaffrey, alleged to have taken place on September 18, 2005, inside a vehicle driven by one of McCaffrey’s associates from upper Manhattan to a secluded area of the Bronx.

The complainant in the case was PEGUERO. She testified before the grand jury and, later, before a trial jury that McCaffrey and two of his associates offered her assistance in moving her friend’s car, which was illegally parked in a bus stop. PEGUERO swore in both proceedings that she was then taken against her will over a bridge and raped by the three men after having been threatened at knife point.

On October 4, 2006, McCaffrey was convicted of all charges after a jury trial conducted before State Supreme Court Justice Richard Carruthers. On October 20, 2006, Judge Carruthers sentenced McCaffrey to determinate terms of 20 years imprisonment on each count of Rape in the First Degree, 18 years for Kidnapping in the First Degree, and 7 years for Assault in the Second Degree. McCaffrey received an indeterminate term of imprisonment of 1⅓ to 4 years for Unlawful Imprisonment, and 2⅓ to 7 years for Criminal Possession of a Weapon in the Third Degree. All sentences were imposed concurrently, resulting in an aggregate sentence of 20 years imprisonment.

In the spring of 2009, PEGUERO recanted her testimony and admitted she had perjured herself before the grand jury and at trial. Her recantation was thoroughly investigated and the District Attorney’s Office consented to McCaffrey’s release from prison on August 31, 2009.

PEGUERO was indicted for six counts of Perjury in the First Degree, a class D felony. She pleaded guilty today to two counts of Perjury in the First Degree. One count relates to her perjurious testimony in the grand jury accusing McCaffrey of rape and the second relates to her testimony at trial accusing McCaffrey of rape.

The potential minimum sentence for each count of perjury is probation, and the potential maximum sentence is 2⅓ to 7 years incarceration. While those sentences can be imposed consecutively, the Court has promised PEGUERO that she will receive a maximum of 2⅓ to 7 years incarceration. Sentencing is scheduled for February 9, 2010. ..Source..