Borough Park, NY
Convicted on charges of attempted kidnapping (upgraded from first and second-degree unlawful imprisonment), third-degree burglary and endangering the welfare of a child. He was sentanced to 10 years in prison.
If anyone has any more information regarding this case, please forward it to The Awareness Center.
Table of Contents:
- Close call for girl, A day with mom is nearly a nightmare for 11- year-old after kidnap attempt in apartment building, police say (05/15/2007)
- Kid Courage, 11, Flees Perv - Girl Breaks Free as Pals Nab Suspect (05/15/2007)
- Brooklyn Girl's Alleged Attacker Out On Bail (05/15/2007)
- Brooklyn Girl Fights Off Attacker On Mother's Day (05/15/2007)
- Captain Kid: Street-Smart 4-foot-5 Girl Fights Off 6-Foot-2 Kidnap Suspect, Helps in Arrest (05/15/2007)
- Suspect in Girl Kidnap Out On Bail (05/16/2007)
- Who let suspect free? Girl IN Abduct Try Deserves Explaination (05/17/2007)
- Fury Over Freed Kid 'Snatcher' - Little Girl 'Scared' As Pol Slams Bail (05/17/2007)
- 11-Year-Old's Suspected Attacker Is Out On Bail (05/17/2007)
- Joe Hynes' Latest Mess (05/18/2007)
- Nobles and Knaves (05/19/2007)
- All Eyes Are On 'Kid-Grab Perv' (05/19/2007)
- Creep in girl's abduct case faces heavy rap (05/22/2007)
- $1M 'PERV' Bail (06/06/2007)
- $1M Bail For Teen Perv Suspect (06/06/2007)
- Message From The Bench (06/07/2007)
- Girl-Grab Suspect Out Again (06/19/2007)
- Bail for kidnap suspect (06/20/2007)
- Brave Girl, 13, Testifies at Kidnap Trail (06/16/2009)
- Guilty of Kidnapping Try (06/20/2009)
- Brave Girl Faces Off Against Brutish Perv Again Try (08/27/2009)
- Girl's Stalker Gets 10 -YR. Prison Term (08/27/2009)
- Attacker gets 10 years in B'klyn kidnapping of girl, 11 (08/27/2009)
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
- People Vs. Bernard Mutterperl (07/11/2012)
- New York Department of Corrections (01/07/2013)
By T.W. Farnam and Rocco Parascandola
Newsday - May 15, 2007
The terrifying ordeal occurred at 2:45 p.m. Sunday, when (NAME REMOVED) returned from shopping for a Mother's Day card.
The 4-foot-something sixth-grader yesterday recalled in chilling detail how she spied the sinister 19-year-old suspect, Bernard Mutterperl, at the bottom of the stairs of the family's Midwood walkup.
"So I started running, and he chased me and caught me between the third and second floor. He said, 'Shhh, don't scream,' " she said. Then he put his hand over her mouth. But the quick-thinking (NAME REMOVED) didn't panic.
"Before a robbery happens, I always think of a plan to do. But sometimes when I'm nervous or scared, I forget my ideas. I only came up with half a plan when I got caught," she recalled matter-of- factly. "My first thought was to kick and scream," she said, but she didn't think her older brother, Angel, would hear her.
"And sometimes [kicking and screaming] doesn't work. So my plan B was to calm down, relax and try to get away," she recounted.
The suspect dragged her down the stairs and across the lobby to another staircase.
"He wanted to take me upstairs. I don't know what he wanted to do," (NAME REMOVED) said, her voice quavering.
Mutterperl, who lives with his grandmother in Borough Park, later told cops that "when he sees young girls, he has to go after them," according to court documents.
Two neighbors had been standing outside the building when the girl was accosted, unaware of what was happening inside.
But the presence of the two burly men may have momentarily scared the suspect. "He loosened his grip. I took advantage of that and pulled free," (NAME REMOVED) said.
Xochil bolted, screamed for help then pressed all the buzzers in the building while the cowardly suspect fled up the stairs.
"She was ringing all the buzzers on the intercom, and my sister answered, and all I heard was a girl screaming and crying," said neighbor Timothy Isaac, 25.
(NAME REMOVED) 18-year-old brother, (NAME REMOVED) , also heard his sister's cries over the intercom and ran down to the lobby, where he met Isaac. When (NAME REMOVED) told them what happened, Isaac and Angel hatched a plan. They knew there was no other exit but back down to the lobby. So they waited. A few minutes later, Mutterperl, had stripped off his green shirt and stuffed it into the front of his pants, so he was only wearing a white T-shirt.
"He didn't think I'd recognize him. But I said, "That's him!' " (NAME REMOVED) said. The suspect fled, but Isaac caught him and he and other neighbors held him for cops.
Mutterperl was held in lieu of $75,000 bail last night.
Additional reporting by Tom Liddy and Melissa Jane Kronfeld
NBC - May 15, 2007NEW YORK -- The man who allegedly attacked an 11-year-old Brooklyn girl on Mother's Day was released on bail Wednesday morning, according to the New York City Police Department.
Quick-thinking (NAME REMOVED), a sixth-grader, outwitted 19-year-old Bernard Mutterperl, who tried to grab her as she was returning home with a Mother's Day gift.
Mutterperl was arraigned Monday night and bail set at $25,000 cash.
(NAME REMOVED) and her family were outraged and feared the Mutterperl may strike again.
The 4-foot-5-inch girl wrestled out of her attacker's arms Sunday afternoon. "He grabbed my mouth and told me to not scream," (NAME REMOVED) said. "I thought he was going to take me up to the roof and rape me or something."
"He was holding my wrists pretty tight, he loosened them a little bit and so I took advantage of that and cut loose," (NAME REMOVED) said. "I ran outside, that's when I buzzed my brother to come downstairs."
(NAME REMOVED)'s 18-year-old brother and two other men then chased down the man and called police.
(NAME REMOVED) said she was scared but knew she had to remain calm. "I thought he was going to hurt me or rape me. I'm not going to allow that. I'm not going to be like any other girl who just screams and lets him get away."
"I always tell her, whatever happens, whatever these men do, don't go with them for anything," said her mom, Martha Hernandez. "Thank God she knows how to defend herself."
(NAME REMOVED) said her parents and brothers have told her since she was young how to defend herself. She gave advice to other girls who may find themselves in danger.
"Wait for that moment when you get close to a place that you know, that's close to a school or a friend's house. Wait until that moment, then you got to kick them and bite them," (NAME REMOVED) said.
(NAME REMOVED) had bought a card and nail polish for her mom on Mother's Day and was on her way back to her apartment when said she was attacked.
Hernandez said they didn't let the attack ruin the special day. She said while they waited at a police precinct, the girl painted her mother's nails with hearts, flowers and suns.
"Me and my mom ate and we started to paint our nails because we had a plan to spend the whole day together," (NAME REMOVED) said.
Police arrested 6-foot-2-inch Mutterperl and charged him with unlawful imprisonment, endangering the welfare of a child and burglary.
CBS - May 15, 2007
(CBS/AP) NEW YORK A street-smart 11-year-old Brooklyn girl outwitted an attacker who she said tried to grab her as she was returning home with a Mother's Day gift.
Quick-thinking (NAME REMOVED), a sixth grader, said she already knew what she would do in case someone ever tried to attack her.
"I think of a plan, like, if anybody kidnaps me, kick them or scratch them -- I'm growing my nails out," (NAME REMOVED) said Monday.
But she didn't think kicking or scratching would help when the man grabbed her in her apartment lobby and seemed to be trying to drag her upstairs, she said.
"He grabbed my mouth and told me to not scream," (NAME REMOVED) said.
"I thought he was going to take me up to the roof and rape me or something."
The 4'5" girl wrestled out of her attacker's arms, and was able to draw the attention of residents by crying and screaming. They chased down the man and called police.
"I always tell her, whatever happens, whatever these men do, don't go with them for anything," said her mom, (NAME REMOVED). "Thank God she knows how to defend herself."
(NAME REMOVED) had bought a card and nail polish for her mom on Mother's Day and was on her way back to her apartment when said she was attacked.
(MOTHER'S NAME REMOVED) said they didn't let the attack ruin the special day. She said while they waited at a police precinct, the girl painted her mother's nails with hearts, flowers and suns.
"Me and my mom ate and we started to paint our nails because we had a plan to spend the whole day together," (NAME REMOVED) said.
Police arrested 6'2" Bernard Mutterperl, 19, and charged him with unlawful imprisonment, endangering the welfare of a child and burglary. He was arraigned Monday night and bail set at $25,000 cash or $75,000 bond.
A phone number was not listed for Mutterperl, of Brooklyn, and it was not immediately clear if he had an attorney. (NAME REMOVED)'s neighbor, (NEIGHBOR'S NAME REMOVED), 25, who said he was among a group of residents who caught Mutterperl and held him until police arrived, said the man protested his innocence to them.
New York Daily News - May 15, 2007
By Nicole Bode
New York Daily News - May 16, 2007
TWO DAYS AFTER he allegedly tried to kidnap a feisty 11-year-old who wriggled out of his grasp, a Brooklyn teen was back on the street yesterday.
Bernard Mutterperl, 19, of Borough Park, got out of Rikers Island shortly before 2 p.m., Correction Department officials confirmed.
Before he was freed, Mutterperl told cops that "when he sees young girls, he has to go after them," according to court documents.
(NAME REMOVED) worried stepfather, (NAME REMOVED), said no one called the family to warn them Mutterperl was a free man.
"Obviously, this is something that we're concerned about, safety- wise," said (NAME REMOVED). "It's making me more nervous than her, to be honest. I don't know if he's going to be around. I don't know if he has any other intentions."
(NAME REMOVED) called a tenants' meeting last night to organize patrols at the Midwood apartment complex where Mutterperl allegedly struck.
It was unclear who posted Mutterperl's $25,000 cash bail.
The dark-haired teen - who has no prior record - was caught Sunday trying to snatch Xochil from her apartment building, cops said.
She escaped by waiting for him to loosen his grip on her arm, and then bolted toward the door, where neighbors nabbed him.
Girl deserves to know why man accused of abducting her is out on bail
By MICHAEL DALY
DAILY NEWS - Thursday, May 17th 2007
(NAME REMOVED)'s back with mom (NAME REMOVED) but can't rest easy.Eleven-year-old (NAME REMOVED) is sure to let somebody know if she spots the man charged with clamping a hand over her mouth and telling her not to scream as he attempted to abduct her.
But the rest of us have only a vague description of Bernard Mutterperl to warn us, should he start following another child now that he's free on bail.
As of yesterday, we had no picture to alert our kids. We could only tell them he is 19, stands 6-feet-2, weighs 220 pounds and has black hair and hazel eyes.
And as we warned them as best we can, we were left with trying to explain why Mutterperl is free.
How to explain that Judge John Wilson set a bail of only $25,000 cash or $75,000 bond because the charges were not much more serious than if Mutterperl was accused of grabbing an adult.
How to explain that Mutterperl would have faced an added felony had he endangered the welfare of a "vulnerable elderly person," but the additional charge of endangering the welfare of a child is only a misdemeanor on the order of jumping a subway turnstile?
Never mind that there is no telling what might have happened if (NAME REMOVED) had not managed to break away from him when he allegedly tried to abduct her on Mother's Day. You can be almost certain that somebody who attempts that intends to do the child serious harm.
(NAME REMOVED) managed to escape with only a feeling of absolute terror she is not likely ever to forget. Mutterperl was grabbed by her oldest brother and some neighbors. The police took Mutterperl away and assured the sobbing, trembling girl that he was going to where he could not hurt her or anyone else.
Then her stepfather, (NAME REMOVED), got a call Tuesday night informing him that Mutterperl had posted $25,000 cash bail and walked out of Rikers Island at 1:52 p.m. (NAME REMOVED) was going to let (NAME REMOVED)l's mother break it to her, but the little girl had been listening.
"I heard," (NAME REMOVED) said yesterday.
The news was so contrary to what she had expected, she was unsure how to react.
"I don't really know," she said.
She could sum up her feelings with a single word that was reflected in the shifting of her eyes and in the shifting of her weight from one foot to another.
Her stepfather used the same word, which in his case was reflected by difficulty in sleeping and a loss of appetite. His edginess yesterday morning was magnified by the unsettling fact that he would not know Mutterperl if he walked right by him.
"I don't know what he looks like," he said yesterday.
He was standing outside their building in Midwood, Brooklyn, and he looked over to the steps where his (NAME REMOVED)was sitting.
"She does," he said.
The attack had come as she was returning from buying red-and-cream-colored nail polish as a Mother's Day gift. She now splayed her fingers.
"Look," she said.
(NAME REMOVED) and her mom had been determined not to let the incident spoil Mother's Day, and they had taken out the new polish as they waited in the stationhouse after the arrest. The girl's nails had tiny flowers and hearts painted on them.
"My mother, too," she said.
She had her 3-year-old brother, Remington, in her lap and he laughed as she counted his fingers aloud: "One ... two ... three ... four ... five."
She seemed like just another little girl, but her moxie with the would-be abductor had her put on the front page. She had been on two TV shows already that day, and her stepfather said she would be heading to another.
"In a limo?" she asked.
Not that she had dreams of stardom. She was very clear about what she wants when she grows up.
"A simple life," she said.
In the afternoon, the family met with the Brooklyn district attorney's office, which offered protection if they felt they needed it. The stepfather asked to see a photo of Mutterperl.
"And we showed him one," a spokesman said.
Which left every other parent in the city still wondering how to warn our kids and how to explain why this guy is out there.
John Doyle and Clemente Lisi
New York Post - May 17, 2007
The release of a Brooklyn man charged with trying to abduct an 11- year-old girl is "potentially dangerous" to the safety of children, a city lawmaker warned yesterday.
Peter Vallone Jr., who chairs the City Council's Public Safety Committee, said he was stunned that suspect Bernard Mutterperl, 19, was back on the streets after allegedly trying to kidnap (NAME REMOVED) in her Midwood apartment building.
The brave little girl pulled free and the suspect was captured by her angry relatives and neighbors.
Vallone was particularly outraged that Mutterperl was freed on relatively low bail after admitting to cops that "when he sees young girls, he has to go after them," court documents revealed.
"This is a very serious charge," he said. "The bail should have been very, very high."
Bail for Mutterperl - who was charged with first- and second- degree unlawful imprisonment, third-degree burglary and endangering the welfare of a child - was set by Judge John Wilson at $75,000 bond or $25,000 cash.
The DA had asked for $10,000 cash or bond.
Mutterperl came up with the bail Tuesday and was released.
"This decision is potentially dangerous," said Vallone (D- Queens). "This is a grave mistake by the judiciary."
(NAME REMOVED) stepfather said yesterday that the child is scared.
"I don't know the circumstances of why he was released," said (NAME REMOVED), 45, who convened a tenants meeting Tuesday night to organize patrols at the apartment complex.
"I'm disappointed that he was. If somebody grabs a kid, he or she has no good intentions. I'm disappointed, maybe angry. She's scared."
(NAME REMOVED), who said, "Everybody thinks I'm brave," claimed that although Mutterperl "might come back" for her, she's not frightened to go to school.
"I'm happy with what I did," she added. "I never really thought it would happen to me. We live in a good place."
A Brooklyn DA spokesman declined to elaborate on why prosecutors asked for only $10,000 bail for Mutterperl, who lives with his grandmother in Borough Park.
"We met with the [girl's] family, and whatever protection they need they will get," he said.
Mutterperl does not have a prior criminal record in New York state.
Additional reporting by Murray Weiss and Alex Ginsberg
Gothamist - May 17, 2007
hile 11-year-old (Name Removed) is still being praised for her quick thinking and bravery after escaping and helping nab a man who tried to abduct her, some adults are upset at the law. Her parents, as well as City Councilman Peter Vallone Jr., are angry that the suspected kidnapper, Bernard Mutterperl, was set free on $25,000 bail.
According to court documents, 19-year-old Borough Park resident Mutterperl told the police "when he sees young girls, he has to go after them." (Name Removed)'s step-father (Name Removed) told the Daily News, "Obviously, this is something that we're concerned about, safety-wise. It's making me more nervous than her, to be honest. I don't know if he's going to be around. I don't know if he has any other intentions." Her parents also wonder why they weren't alerted that Mutterperl was free. Vallone, who chairs the City Council's Public Safety Committee, told the Post, "This is a very serious charge...The bail should have been very, very high," and said that Mutterperl's release is "potentially dangerous" and "a grave mistake by the judiciary."
(NAME REMOVED) says that she's not nervous about Mutterperl's release and emphasized that her Midwood apartment building was a "good place." And her fellow neighbors said they will work together to make sure the children are safe.
New York Post - May 18, 2007
May 18, 2007 -- Why did the Brooklyn district attorney's office ask a judge for only $10,000 bail for accused child-snatcher Bernard Mutterperl - after he reportedly told cops that "when he sees young girls, he has to go after them"?
The 19-year-old Brooklyn resident walked free Tuesday after posting bond, one day after he was arrested for trying to abduct 11-year-old Xochil Garcia, who bravely fought him off, in her Midwood apartment building.
City Councilman Peter Vallone Jr. called this "a grave mistake by the judiciary" - but his complaint appears to be at least partially misplaced.
That's because Judge John Wilson didn't go along with the bail request made by DA Joe Hynes' office. He actually imposed higher bail - $75,000 bond or $25,000 cash - which Mutterperl was able to meet.
To be sure, Mutterperl has no prior criminal record and appears to have ties to the community, where he lives with his grandmother.
But while the primary reason for bail is to ensure that a defendant doesn't flee, it is also meant to protect the victim - and other possible ones - from a predatory menace.
And judging by his reported statement to cops, that's what Mutterperl - who stands charged with first- and second-degree unlawful imprisonment, third-degree burglary and endangering the welfare of a child - appears to be.
So what was DA Joe Hynes' office thinking?
Good question - they're not talking.
That's not surprising, given the DA's recent sorry record in criminal cases.
In March, Hynes' office failed to inform the court that Hemant Megnath, accused of raping Natasha Ramen two years ago, had threatened to kill members of her family if they didn't reveal her whereabouts. That would have been solid ground for revoking Megnath's bail.
Instead, he was left free, and found her - and allegedly slashed her throat. Then Hynes' spokesman blatantly "misspoke" about the office's role in the case.
Earlier, it was disclosed that a Brooklyn ADA for years allegedly passed information about her own office's witnesses to her defense-lawyer boyfriend. And an office investigator began an affair with a prisoner who was being interviewed as a possible witness.
Something seems seriously out of whack in Brooklyn.
Improper relationships are bad enough. But when young women start getting killed - and when it's recommended that potential child snatchers walk free on absurdly low bail - then the community has reason to be fearful.
We've long admired DA Joe Hynes.
But it's long past time for him to take a long, hard look at his office - and to start shaking things up.
The Washington Times - May 19, 2007
Noble: (NAME REMOVED), the sixth-grader from Brooklyn who fended off an attacker twice her size and then helped arrest him.
(NAME REMOVED) spent lots of time planning what she would do in case of an attack. On Sunday, her preparation paid off. On her way home from the store, where she had purchased a card and a bottle of nail polish as a Mother's Day gift, (NAME REMOVED) was attacked in the stairwell of her apartment building. Bernard Mutterperl, 19, covered her mouth and dragged her to the lobby. Because his grasp on her prevented her from kicking, scratching or biting (her general escape plan), she had to rely on "Plan B" - waiting for that crucial moment when her attacker loosened his grasp enough for (NAME REMOVED) to break free and bolt outside. She hit every buzzer in the building and alerted her brother and a handful of neighbors. Meanwhile, her assailant's attempts to escape through the building's roof doors and basement were futile. When he finally tried to slink out the front door, (NAME REMOVED) and her neighbors were there to capture and hold him until police arrived.
Unfortunately, Mr. Mutterperl has made bail and was released from prison on Wednesday. (NAME REMOVED) family is understandably fearful and outraged, especially because her assailant said to police "when he sees young girls he has to go after them." Hopefully, this predator will soon be off the streets and (NAME REMOVED) can most certainly take pride in her part.
For her bravery during an attack and for planning ahead, (NAME REMOVED) is the Noble of the week.
At Brookyn Courg
By PATRICK GALLAHUE and ALEX GINSBERG
New York Post - May 19, 2007CREEPY: Bernard Mutterperl yesterday in court on charges of trying to grab (NAME REMOVED), 11. Neighbors are fuming that he's out on bail but pleased to have a photo of him.
May 19, 2007 -- The Brooklyn families on edge after hearing that a judge allowed bail for a hulking suspect who allegedly tried to abduct an 11-year-old girl can breathe a little easier now - at least we know what he looks like.
The alleged pervert, 19-year-old Bernard Mutterperl, was at Brooklyn Supreme Court yesterday for a routine appearance.
In the neighborhood where the girl eluded the predator, one mother, (NAME REMOVED), said: "I want to see a picture of what he looks like." She spoke on Ocean Avenue just a few blocks from the girl's Borough Park building, the scene of the Mother's Day attack.
"He could be coming and going from our building. If you know what he looks like, you're not going to let him in the building. There are a lot of children in the area and schools nearby."
Of her own daughters, the 34-year-old (NAME REMOVED) added, "They're not coming outside."
Brooklyn DA Charles Hynes defended his office's controversial handling of the bail argument at Mutterperl's arraignment last Monday evening.
Hynes' prosecutors asked for just $10,000 to insure the young man's return to court. Mutterperl's lawyer suggested bail of $4,500.
According to transcripts, Judge John Wilson took the matter into his own hands, noting, "Unfortunately, I disagree with your suggestions." He then set $75,000 bond or $25,000 cash - even though the suspect allegedly told cops that "when he sees young girls, he has to go after them."
"I didn't get this job by a want ad," a characteristically prickly Hynes told The Post. "I'm a criminal lawyer and that was an appropriate bail. The judge decided that 75 over 25 was more appropriate. I don't quarrel with that at all.
"Bail is for the purpose to ensure that people come back. If the grand jury indicts for attempted kidnapping, it's perfectly appropriate for us to ask for an enhanced bail, and we will."
Currently, Mutterperl faces only charges of child endangerment, burglary and unlawful imprisonment in the May 13 attack on (NAME REMOVED).
In court yesterday, prosecutors indicated they'd completed their presentation to that grand jury.
The panel won't vote, however, until at least next week, when defense lawyer Leo Kimmel hopes to get in witnesses of his own.
"There's no witness that this guy grabbed the girl, except what the girl said," Kimmel told The Post. "The girl was not injured. Now this big guy was grabbing her. I can see that she doesn't have a scratch on her, if this guy is really after her."
Still, residents in Midwood said the incident had them more on edge than is normal in the generally quiet neighborhood.
"The thing is, it made us keep our eyes open," said Brunette Michel, 17, who has a sister the same age as (NAME REMOVED).
Creep in girl's abduct case faces heavy rap
New York Daily News - May 22, 2007
A Brooklyn teen accused of trying to grab a feisty 11-year-old girl was indicted yesterday for attempted kidnapping and other felonies that could get him 15 years behind bars.
Bernard Mutterperl, 19, was indicted on charges of second- and third-degree burglary, unlawful imprisonment and endangering the welfare of a child.
The Borough Park teen allegedly grabbed (NAME REMOVED) in her apartment stairwell, dragged her into the lobby and tried to take her up another set of stairs on May 13.
But the 4-foot-5, 80-pound girl was more than the 6-foot-2 teen bargained for, scrambling off and alerting a brother and neighbors. Defense lawyer Leo Kimmel said the charges had been "hyped."
$1M 'PERV' BAIL
LOCKED UP AFTER KIDNAP CHARGE
By Alex Ginsberg
New York Post - June 6, 2007
June 6, 2007 -- An accused child kidnapper - who admitted to cops he can't stop his pedophile urges - was finally behind bars yesterday after a judge upped his bail from a measly $25,000 to $1 million in cash.
Bernard Mutterperl, 19, of Brooklyn, was nabbed last month for allegedly trying to kidnap an 11-year-old girl - only to be stunningly let out on the skimpy bail.
"This is the very nature of someone who cannot abide by the rules of society," said Judge Patricia DiMango, as Mutterperl was arraigned on upgraded charges of attempted kidnapping.
"I can't say it enough - it's everyone's worst nightmare," DiMango said.
A Post editorial lashed out at the Brooklyn DA's Office for requesting only $10,000 bail when Mutterperl was originally arraigned in May. At the time, Judge John Wilson actually set a higher bail than prosecutors requested: $75,000 bond or $25,000 cash.
DA Charles Hynes stubbornly defended the prosecution's original bail request.
But even Judge Wilson's increased bail was easily within the means of the wealthy suspect. That left his alleged victim, (NAME REMOVED) - who managed to struggle free after she was grabbed - fearing he "might come back" for her.
But when the original charges of unlawful imprisonment went before a grand jury, the panel voted to indict Mutterperl on the more serious charge of attempted kidnapping, as well.
Yesterday, authorities revealed part of the statement Mutterperl made to cops after his arrest. At one point he told police there was no way he would have raped the girl because "Jewish people don't have sex with non-Jews."
He also admitted he can't control his compulsion for little girls, cops said.
"I, Bernard Mutterperl, have realized for quite some time over the last two or three years that I have a problem that when I see young girls I just want to go after them," his statement reads.
Because of the new charge, authorities revisited the bail issue yesterday.
Assistant DA Jacqueline Kagan asked for $100,000, while Mutterperl's attorney, Leo Kimmel, asked that bail remain the same.
But DiMango made the unusual decision to slap Mutterperl with $1 million bail.
"The circumstances here have changed drastically," she said.
When DiMango announced the bail, Kimmel protested, reminding her that the DA asked for only $100,000.
"I'm not bound by the district attorney's requests," the judge said.
By Nancie L. Katz
New York Daily News - June 6, 2007
SAYING HE WAS "every parent's worst nightmare," a judge yesterday slapped a $1 million cash bail on the Brooklyn teen charged with trying to abduct an 11-year-old girl.
Bernard Mutterperl, 19, was arraigned on an indictment that boosted the charges from burglary to attempted kidnapping, a violent felony.
He pleaded not guilty to attempted kidnapping and other felonies, including endangering the welfare of a child, that could land him up to 15 years in jail for allegedly grabbing (NAME REMOVED) in the stairwell of her Midwood building on May 13.
But the feisty 4-foot-5, 80-pound girl was more than the 6-foot- 2 teen bargained for, scrambling off and alerting a brother and neighbors, who held Mutterperl until police arrived.
Message From The Bench
New York Post - June 7, 2007
June 7, 2007 -- A bit of sanity coming from a Brooklyn courtroom? Strange, but true.
At Bernard Mutterperl's post-indictment arraignment on Tuesday, Brooklyn Supreme Court Justice Patricia DiMango slapped the accused child-snatcher with bail of $1 million.
Mutterperl, 19, was arrested last month after allegedly trying to abduct 11-year- old (NAME REMOVED) from her Midwood apartment. He reportedly told cops that day that "when he sees young girls, he has to go after them."
At Mutterperl's initial court appearance, Judge John Wilson imposed bail of $75,000 bond or $25,000 cash. Mutterperl promptly met that - and walked out the door.
In fairness to Wilson, even that bail was higher than what Brooklyn DA Joe Hynes' office had suggested - a preposterously low $10,000.
Beyond ensuring that a defendant doesn't flee, bail is meant to protect the victim and society from a potential predatory individual.
And given the list of particulars with which Mutterperl is charged - attempted kidnapping (upgraded from first- and second-degree unlawful imprisonment), third-degree burglary and endangering the welfare of a child - he fits that profile.
This time, the DA's office suggested $100,000, but Judge DiMango pointedly noted, "I'm not bound by the district attorney's request" - and hit Mutterperl with the million-dollar figure.
Good for her.
She sends an important signal that egregious offenses - particularly those against children - will not be tolerated.
Unable to meet bail, Mutterperl sits behind bars.
Let's hope that DA Hynes' office also got the message.
By Sam Goldsmith and Alex Ginsberg
New York Post - June 19, 2000
The towering Brooklyn man who's accused of grabbing an 11-year- old girl after chatting her up inside the lobby of her building last month is free for the second time since his arrest, The Post has learned.
Bernard Mutterperl, 19, was released from Rikers Island Thursday afternoon after scores of supporters pitched in to pay $1 million in bail, Correction Department officials and his lawyer confirmed.
The news came as an unwelcome shock to the family of the girl, (NAME REMOVED), who have now endured a series of roller coaster-like reversals.
"I had a pretty good Father's Day," said stepdad (NAME REMOVED. "But there it goes now, hearing this. Now to find out that he's been released. What's it going to take for this guy to stay in jail until the trial comes up?"
Mutterperl's release from jail last week came just nine days after Brooklyn Justice Patricia DiMango set the unusually high bail for the suspect, who allegedly admitted, "When I see young girls, I want to go after them."
Mutterperl's lawyer Leo Kimmel, admitted he was surprised the family raised the money so quickly.
"And I guess it was enough. He's not a flight risk," he said.
Bail for kidnap suspect
By Lisa L. Colangelo
Associated Press - June 20, 2007
THE FAMILY AND friends of Bernard Mutterperl, 19, the Brooklyn man accused of trying to kidnap an 11-year-old girl last month, joined together to post $1 million in property and cash to secure his release from Rikers Island, his attorney said yesterday.
Bernard Mutterperl, 19, initially was charged with unlawful imprisonment and other offenses and was released on $25,000 bail. But when the top charge was upgraded to attempted kidnapping, a Brooklyn judge, outraged by the previous bail figure, ordered Mutterperl held in lieu of $1 million bail.
Brave Girl, 13, Tetifies at Kidnap Trail
By Scott Shifrel
New York Daily News - June 16, 2009
A PLUCKY 13-year-old Brooklyn girl who kept cool and escaped when a man tried to abduct her two years ago bravely took the stand to tell jurors her story yesterday.
"He caught me from behind, he grabbed me," (NAME REMOVED) said, her voice shaking as she wiped away a tear with the back of her hand. "He told me not to scream. Then he grabbed my waist and he walked me down to the lobby."
Bernard Mutterperl, 21, is charged with trying to kidnap (NAME REMOVED) on Mother's Day 2007 as she walked back from the store with nail polish for her mom.
He allegedly followed her into her Midwood apartment building and up the stairs. The then-11-year-old (NAME REMOVED) pretended to go along to get him off his guard, she said.
"He walked me down to the lobby," she said, shyly glancing at jurors through long black bangs. "Then he let loose of my wrist . . . and I ran outside."
"I was scared," said (NAME REMOVED), adding that she rang buzzers and screamed until her brother and neighbors came down and found Mutterperl trying to slink off.
"He doesn't look like a predator," prosecutor Jacqueline Kagen told Brooklyn Supreme Court jurors in her opening remarks. "But on May 13, 2007, (NAME REMOVED) found out that this man was just that - every parent's worst nightmare."
(NAME REMOVED), dressed in neat black slacks, a white shirt and black jacket, kept her slightly accented voice low as Kagen asked her about the incident and then whether she saw - in the courtroom - the man who grabbed her.
The teenager kept her head straight as her eyes roamed far to her left and settled on Mutterperl at the defense table, wearing a blue pinstriped suit and a black yarmulke. "Right there," she said, pointing a finger with her palm facing upward.
Mutterperl - who said he took the girl's hand because he wanted to become friends - is not a predator, defense attorney Joyce David told jurors in her opening.
"He may not have acted appropriately, but he did not act criminally," she said.
Guilty of Kidnapping Try
By Scott Shifrel
New York Daily News - June 20, 2009
A JURY CONVICTED a Brooklyn man yesterday of trying to abduct an 11-year-old girl on Mother's Day 2007 - rejecting the argument he was just strange, not sinister.
Bernard Mutterperl, 21, grabbed (NAME REMOVED), covered her mouth when she screamed and walked her down the stairs of her Midwood apartment building.
He grimaced - and his mother burst into tears - when the jury found him guilty of attempted kidnapping and other charges that carry up to 15 years in prison.
"Travesty of justice, travesty of justice," defense lawyer Joyce David said. "There was no evidence here, just speculation."
(NAME REMOVED) stepfather, (NAME REMOVED) said he was "happy with the verdict, but I can't be too happy because a lot of people are still suffering. I can't imagine what his family is going through now."
Mutterperl's lawyer had argued his actions were inappropriate and awkward but not criminal.
But jurors who heard the girl's vivid testimony and Mutterperl's police statement about liking little girls took only three hours to convict.
"If the first thing you do when you see a child is grab her hand and say, 'Don't scream,' that's a little more than inappropriate," said one juror.
(NAME REMOVED), who kept her cool and waited for the right moment to escape Mutterperl's grasp, bravely took the stand to tell jurors about what prosecutors said was "every parent's worst nightmare."
Brave Girl Faces Off Against Brutish Perv Again
By Alex Ginsberg
New York Post - August 27, 2009
A feisty 13-year-old who fought off a 6-foot-4 pervert tearfully told a Brooklyn judge yesterday that the attack inside her building left her terrified to walk alone and struggling to find meaningful friendships.
"You messed up my life," said the tearful teen, directing her fury at Bernard Mutterperl, the man convicted of following her home in 2007 and grabbing her. "Some people want to fight me for no reason. Some people want to be my friend so they can be on TV . . . I do not have any real friends now because of this." Mutterperl, 21, broke down as well, weeping as he begged Justice Patricia DiMango for mercy.
"What I did on Mother's Day was never going to hurt [the girl], her family or anyone else," whined Mutterperl. "Your Honor, I beg you for mercy and leniency in my sentence, because I can get more help outside than inside of jail." But DiMango showed him only a degree, sending him away for 10 years - out of a possible 15 - for attempted kidnapping and burglary. Mutterperl was convicted in June of attacking the then-11-year-old girl.
Girl's Stalker Gets 10 -YR. Prison Term
By John Marzulli
New York Daily News - August 27, 2009
A FURIOUS JUDGE threw the book yesterday at a pervert convicted of stalking and trying to abduct an 11-year-old girl in her Brooklyn apartment building.
She sentenced first-time offender Bernard Mutterperl to 10 years - sternly rejecting his weepy argument he could get more help for his sick behavior outside prison walls.
"This court has no tolerance for individuals who hurt children," Brooklyn Supreme Court Justice Patricia DiMango said.
The heavy sentence was the climax of an emotionally charged hearing in which the judge heard tearful statements from victim (NAME REMOVED), her mother and Mutterperl - and then took a 30-minute recess.
Reading more than two dozen letters from Mutterperl's family and friends - who argued the crime on Mother's Day 2007 was an "aberration" and an "act of foolishness" - didn't put the judge in a merciful mood.
"This is not a mistake for a nonparent, male stranger to act on an urge to abduct an 11-year-old," she said. "You weren't going to hurt her? What were you going to do to her?"
DiMango was touched by (NAME REMOVED) description of how she was traumatized by the attack - then revictimized by bullies who pick fights because the media hailed her pluck and courage.
"She lives with a disproportionate amount of terror for a girl her age," DiMango noted sadly.
Xochil, dressed in a white blouse and black slacks, lost her composure as she read a statement.
"You messed up my life. . . . The one good thing that came out of this was I showed other little kids that you can always fight back to the bad person trying to hurt you," said the girl, now 13.
"When I go outside and walk around, I feel like I'm getting stalked," she said. "You make me get panic attacks. You know how it feels to have panic attacks?"
Her mother, (NAME REMOVED), said (NAME REMOVED) has been plagued by sleepless nights and thoughts of suicide.
"Every 10th of May, instead of remembering as Mother's Day, it's a very bad day I have to spend," she said.
(NAME REMOVED) was walking into her Midwood building when Mutterperl followed her in, grabbed her and put his hand over her mouth.
She broke free and summoned neighbors, who captured Mutterperl nearby with his shirt and yarmulke stuffed in his trousers.
Mutterperl, 21, confessed that he "has urges to go after children," said prosecutor Jacqueline Kagan.
Attacker gets 10 years in B'klyn kidnapping of girl, 11
Associated Press - August 27, 2009
A New York City man convicted of trying to grab an 11-year-old girl offa Brooklyn street on Mother's Day in 2007 was sentenced to 10 years in prison. Bernard Mutterperl, 21, was found guilty of attempted kidnapping, unlawful imprisonment, burglary and child endangerment. The girl, who broke free while neighbors held the man for police, had testified at Mutterperl's trial.
Supreme Court of the State of New York Appellate Division: Second Judicial Department
June 8, 2012
RUTH C. BALKIN, J.P. L. PRISCILLA HALL PLUMMER E. LOTT JEFFREY A. COHEN, JJ.
The People, etc., respondent,
v Bernard Mutterperl, appellant.
(Ind. No. 4570/07)
Argued - June 8, 2012
DECISION & ORDER
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O’Hara Gillespie of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered August 26, 2009, convicting him of attempted kidnapping in the second degree, burglary in the second degree, unlawful imprisonment in the second degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt of attempted kidnapping in the second degree beyond a reasonable doubt (see People v Antonio, 58 AD3d 515, 516; People v Cruz, 296 AD2d 22, 25; People v Carter, 263 AD2d 958, 958-959; People v Cassano, 254 AD2d 92, 92-93). The defendant’s intent may be inferred from his conduct and the surrounding circumstances (see People v Bracey, 41 NY2d 296, 301; see e.g. People v King, 85 AD3d 820).
The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt of burglary in the second degree, unlawful imprisonment in the second degree, and endangering the welfare of a child is unpreserved for appellate review (see CPL
Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633).
The defendant contends that the trial court erred in denying his Batson challenge (see Batson v Kentucky, 476 US 79) with respect to the prosecutor’s use of a peremptory challenge to exclude a certain person from the jury. The prosecutor provided a race-neutral explanation for excluding the prospective juror at issue (id. at 97). The trial court’s determination that this explanation was nonpretextual is entitled to deference on appeal and should not be disturbed where, as here, it is supported by the record (see People v Hernandez, 75 NY2d 350, 356-357, affd 500 US 352; People v Dailey, 86 AD3d 579, 580; People v Kaplan, 176 AD2d 821).
The defendant’s contention that certain remarks made by the prosecutor during summation deprived him of the right to a fair trial is unpreserved for appellate review, as he either failed to raise any objections to the challenged remarks or failed to seek further relief after objections were sustained and curative instructions given (see CPL 470.05; People v Cummins, 59 AD3d 458; People v Erskine, 90 AD3d 674, 675). In any event, the challenged remarks were either fair comment, responsive to the defense’s summation, or within the bounds of permissible rhetorical comment (see People v Ashwal, 39 NY2d 105, 109; People v Canales, 88 AD3d 1007; People v Cummins, 59 AD3d 458).
In the context of this case, the Supreme Court providently exercised its discretion in precluding expert testimony on false confessions (see People v Bedessie, 19 NY3d 147; People v Walker, 87 AD3d 1352; People v Crews, 74 AD3d 983).
The defendant’s remaining contention is without merit. BALKIN, J.P., HALL, LOTT and COHEN, JJ., concur.
People Vs. Bernard Mutterpel
July 11, 2012
July 11, 2012.
|[ 97 A.D.3d 700 ]|
to establish the defendant's guilt beyond a reasonable doubt of burglary in the second degree (see People v Occhione, 94 A.D.3d 1021 ; People v Albanese, 84 A.D.3d 1107 ), unlawful imprisonment in the second degree (see Matter of David H., 69 N.Y.2d 792, 793 ), and endangering the welfare of a child (see People v Smith, 69 A.D.3d 657 ; People v Bray, 46 A.D.3d 1232, 1234 ).
|[ 97 A.D.3d 701 ]|
New York Department of Corrections
Jan. 7, 2013
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