Friday, September 14, 2007

Defense attorney pleads to battery

Pena disbarred last year

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By GREG MOORE
Express Staff Writer

Ray Pena, a Rupert criminal defense attorney who has represented numerous clients in 5th District Court in Hailey, has agreed to plead guilty to misdemeanor battery in a case originally involving felony charges of trading legal services for sex.

Minidoka County Prosecuting Attorney Nikki Cannon said in an interview that the plea agreement covers the sexual procurement charges as well as two felony assault charges in Jerome County, where Pena is accused of threatening his brother with a handgun. She said Pena pleaded guilty to one count of felony aggravated assault in 5th District Court in Jerome County on Monday.

Cannon said the battery charge in Minidoka County involves an unwanted touching of the alleged victim in one of the alleged procurement incidents. She said Pena has also agreed to plead guilty to one count of misdemeanor malicious damage to property, a charge related to the same alleged battery incident. She said she expected Pena to file a guilty plea by today.

"Until the guilty plea is entered, he could always change his mind and say no," Cannon said.

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She said sentencing on the Jerome case is set for Nov. 13, and she expects a sentencing date of around that time on the Minidoka charges.

Pena's attorney, Keith Roark, could not be reached by press time Thursday.

Pena was disbarred from practicing law in Idaho last year after he was charged with trading legal services for sex.