Cops: Teacher raped barmaid
Defense attorney says actual rapist is man facing immunity
10 comments below
A teacher from Rocky Point was arrested Wednesday for the Feb. 3 beating and rape of a barmaid inside Secrets Lounge in Mount Sinai.
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.
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
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10 comments found
thank you : 10/29/2009
Michael Wachholder Innocent until Proven otherwise : 3/1/2009 Yes, I know Mike Wachholder and he is not cabable of this senseless crime. I feel great empathy and sympathy for the victim of any brutal attack - like rape - but allowing the vindictive and petty Suffolk detectives (aka...Barney Fife with attitude) to railroad an innocent man compounds this tragedy. (Remember this is the same Suffolk County Police/Prosecutor team that falsely convicted Marty Tankleff.) I would uimplore the public to ask the Suffolk Police Dept. these questions; * Was DNA evidence gathered from the victim and have they matched to any suspects? * Was there a prior relationship with the victim and either of the acused? * Was a check done on the phone records of the victim to either of suspects? * Why when Mr. Wachholder was charged did the judge also grant an "order of protection" for the victim? Is this customary when the a suspect is arraigned? * As reported in the press, "the victim was struck from behind" how did she see which man attacked her?" * Why did "Newsday" seem to know when the suspect was charged with this crime, almost prior to arrest? I realize these questions are part of the upcoming trial - if the shoddy evidence holds - but all of us should be concerned over not only finding out who committed this horrible crime, but how an active participant has been exonerated for simply telling tales on a purported accomplice. Let's look for justice here and not another "notch" on the belt of our legal system. ... it is good to see some one that dose not show ignorants this young man michale who did a very very bad thing that is way out of his character will lose 18 years of his life .. who will pay for it his wife and 2 little boys how look up to him so much . i know mike and he will be in my life forever ...
: 10/9/2009
This doesn't suprise me in the least. He has been a hot wire for a long time.
Hate to say I told ya so! : 10/1/2009
I can only pray that Wachholder gets the same treatment he gave to this innocent girl while he's inprisoned for 18 years. I hope they torture him and terrorize him. Even that couldn't make up for this crime. DNA and a guilty plea... Anyone out there still thinking he's innocent??
DNA : 6/17/2009
Dna doesnt lie
Michael J. Wachholder : 3/24/2009
After reading the comments written so far, I'd like to add that OUR INNOCENT CHILDREN are victims, also. I don't care what school district is involved! I would like to have a word with the genius in NYS that decided to only do 5-year background checks! I had to be cleared by the FBI and CIA just to CARRY Govt. files from a file cabinet to a director of govt. contracts. FIVE YEARS is a joke--the law for all teachers should be a FULL background check, with annuals, and random drug testing. THESE ARE OUR KIDS FOLKS...this was an ELEMENTARY school teacher!! If not already done so, should these background checks by sub-contracted out to professionals in the specified field? Maybe, I'm just too paranoid or crazy, but...the last time I checked...you don't get a 2nd chance with your children.
the innocent one : 3/9/2009
You know it seems suspicious to me all these comments are geared to unconvict someone whom we havent even heard all the evidence. I mean seriously do you honestly believe they dont already know whos DNA is wear. Your so quick to throw another name out there Hmm I wonder Do you know a lawyer?? or better yet working for the defence? GET A LIFE this isnt about mr. wonderful this is about an innocent young lady being brutally attacked!! Just curious what will you say if Mr. Wonderfuls DNA is the person who did this horriffic act... Oh OH. here it comes Someone framed him.. Sometimes you have to shut your mouth and let justice takes its course remember everyone is innocent untill proven guilty. Ill tell you this, the real innocent one is this young lady who has to overcome this, with scars that will never leave her. and to have Some pompous, Arrogant idiots make her out to not know who was bashing her head in well. I just pray its never someone close to you. {For the record I dont know the young lady but I do know I pray god brings her strength healing and justice everyday!!
MAXIMUM PENALTY : 3/6/2009
If you knew him yourself you would know he had violent tendencies and we always said he might have been abused as a child. Knowing some of the things he has done in the past this does not suprise me at all. Mike keeler should be collared as well but our great judicial system is just as shady as both of these characters.
: 3/5/2009
HE DID IT AND HE WILL BE PUNISHED FOR IT!
: 3/1/2009
How EXACTLY do you know that he was not capable of this crime? Were you there? Are you clairvoyant? Do you hold some evidence that should be given to the police to ensure that this sweet, law abiding citizen(oh wait a minute, scratch that, he wasn't that law abiding at all was he?) is snatched away from the jaws of this legal system? If so, please contact your local precinct and let them know that you have CLEAR, CONCISE and FACTUAL information as to why "he is not cabable of this senseless crime." If you don't have any such pertinent and informative information, why would you open your mouth in? . As for the public "uimploring(sic) the public to ask the Suffolk Police Dept. these questions": I'm pretty sure the release of most of the information required to answer the questions you ask would SEVERELY jeopardize the investigation and upcoming trial.
Michael Wachholder Innocent until Proven otherwise : 3/1/2009
Yes, I know Mike Wachholder and he is not cabable of this senseless crime. I feel great empathy and sympathy for the victim of any brutal attack - like rape - but allowing the vindictive and petty Suffolk detectives (aka...Barney Fife with attitude) to railroad an innocent man compounds this tragedy. (Remember this is the same Suffolk County Police/Prosecutor team that falsely convicted Marty Tankleff.) I would uimplore the public to ask the Suffolk Police Dept. these questions; * Was DNA evidence gathered from the victim and have they matched to any suspects? * Was there a prior relationship with the victim and either of the acused? * Was a check done on the phone records of the victim to either of suspects? * Why when Mr. Wachholder was charged did the judge also grant an "order of protection" for the victim? Is this customary when the a suspect is arraigned? * As reported in the press, "the victim was struck from behind" how did she see which man attacked her?" * Why did "Newsday" seem to know when the suspect was charged with this crime, almost prior to arrest? I realize these questions are part of the upcoming trial - if the shoddy evidence holds - but all of us should be concerned over not only finding out who committed this horrible crime, but how an active participant has been exonerated for simply telling tales on a purported accomplice. Let's look for justice here and not another "notch" on the belt of our legal system. ...
