Michael J. Wachholder, 30, of Sams Path was charged with first-degree rape, second-degree aggravated sexual abuse and second-degree assault, all felonies, after what police describe as an extensive investigation by Sixth Squad detectives. Mr. Wachholder, a physical education teacher at Arrowhead Elementary School in East Setauket, was held overnight at the Sixth Precinct in Selden pending his arraignment in First District Court in Central Islip Thursday.
Just last week, Suffolk police released sketches of two men they said they were seeking in connection with the rape. Police now say it does not appear there will be a second arrest.
Over 50 tips were received on the Crime Stoppers hot line, at least two, possibly three, led investigators to Mr. Wachholder, according to police, who said the investigation is ongoing.
A Suffolk prosecutor told the court Thursday that Mr. Wachholder entered the Mount Sinai bar and engaged the barmaid in conversation, and then 20 minutes later, while she was preparing a food area, approached her from behind and struck her in the head. When the woman fell to the floor, Mr. Wachholder smashed her head into the tiles and sexually assaulted her, the prosecutor said.
Police originally told reporters that one of the men removed the woman's pants and raped her on the floor, while his companion stood guard at the door. At some point, one of the men asked her how the cash register could be accessed, but no money was taken, Det. Sgt. Frank Stewart told the Sun last week.
The woman, who is still recovering from her injuries, was placed under the protection of a court order barring the defendant from any contact with her in the future.
Mr. Wachholder gazed at the floor as he entered the courtroom wearing black track pants and a gray pullover sweatshirt, only raising his head once to glance at his wife and other family members seated in the gallery. He entered a plea of not guilty through his attorney, James O'Rourke of Hauppauge.
Mr. O'Rourke balked at the charges entered against his client and called into question the reputation of the man who was with him, who was not charged in the crime.
"It is to my understanding that the other person, the other party, that performed this rape," Mr. O'Rourke argued.
Mr. O'Rourke urged the court to not place the matter before a grand jury, which he said is expected to be empaneled tomorrow, without DNA test results. In essence, he said, prosecutors might "immunize" the wrong man from prosecution.
Mr. Wachholder has been ordered held at the Suffolk County Correctional Facility in Riverhead in lieu of $450,000 bail. He is scheduled to appear in court March 2.
Mr. Wachholder's wife and other family members would not answer reporters' questions as they exited the court complex following the proceeding.
Outside the court, Mr. O'Rourke said authorities have the wrong man and described the charges as a "classic case of race to the precinct house."
"The rapist is the one they are putting the white hat on," he said.
Newsday reported Wednesday that Mr. Wachholder has a criminal background that includes a number of arrests since the 1990s, including a felony criminal mischief arrest in 2000. But that charge, and other arrests for misdemeanors, ultimately resulted in either dismissals or guilty pleas to lesser offenses, including a misdemeanor conviction for operating a vehicle while impaired and several violations, according to Newsday's report.
In a prepared statement, Three Village superintendent Ralph Ferrie said the district was notified of the arrest late Wednesday afternoon. According to the statement, Mr. Wachholder, who has been employed by the district for five years, has been placed on indefinite leave from his position pending the outcome of the legal process.
"In compliance with New York State Law, a background check was conducted prior to hiring this individual, and the State reported no prior criminal record. This matter is being handled by the Suffolk County Police Department and the district will fully cooperate with their investigation," Mr. Ferrie stated.
peggy@northshoresun.com