Much to the dismay of the Jewish community, a hearing for a suspect who allegedly planned to attack a synagogue will remain free on bail after his hearing was postponed until April 4.
The Manhattan District Attorney’s office had previously been rebuffed in asking for remand for Matthew Mahrer, who was arrested Nov. 18 by MTA Police as he exited Penn Station in Manhattan together with Christopher Brown. During a Dec. 7 hearing in Manhattan Supreme Court, Mahrer was allowed to remain free on $150,000 bail until a subsequent hearing originally scheduled for Feb. 1.
However, Brown’s attorney said at the February hearing he wanted to file additional motions based on constitutional issues reportedly related to the arrest and Mahrer’s attorney said he would join that motion.
The constitutional issues reportedly involve suppression of the physical evidence, including a firearm, 19 rounds of ammunition, a ski mask and a swastika bracelet. The postponement of the hearing until April 4 was granted to allow the district attorney’s office time to review the new motions and draft a response.
Mahrer, 22, and Brown, 21, have been charged with 11 offenses, including criminal possession of a weapon and criminal possession of a firearm. Brown, who did not appear in court, was also charged with making a terrorist threat as a hate crime. He has been held since his arrest. Both have pleaded not guilty.
Mahrer, who is Jewish and the grandson of a Holocaust survivor, was released after his family posted $150,000 bail. He reportedly has autism spectrum disorder, bipolar disorder and ADHD.
The two men had met with a third person and, in a recorded phone call with a prison inmate, said they were driving to Pennsylvania to get a firearm, their indictment states. Brown sent Mahrer $650 and Mahrer then sent $700 to this third person.
Jamil Hakime has also been arrested for selling the pair the gun and is in federal custody on multiple felony illegal interstate weapons transport charges.
Hakime worked at the Bronx Juvenile Detention Center with juveniles in secure detention and holds degrees from two Jewish institutions of higher learning, Touro College—where he earned a bachelor’s degree in pre-medicine/pre-medical studies—and a master’s in social work from Yeshiva University, according to his LinkedIn profile.
Brown and Mahrer were seen on security video about an hour before their arrest entering the Upper West Side apartment building where Mahrer lives. Mahrer was carrying a bag, later recovered from the lobby by police, according to authorities. Inside the bag was a Glock-style semi automatic pistol, a large-capacity magazine and 17 9mm rounds.
The pair had been arrested on a tip from the Joint Terrorism Task Force after an initial threatening post from Brown was flagged by the Community Security Initiative earlier that morning. CSI is a joint program of UJA-Federation and Jewish Community Relations Council of New York.
The Jewish community is alarmed that Mahrer remains free since the Upper West Side is home to 70-75,000 Jews, according to Sheldon Fine of Community Board 7 and co-chair of its health and human services committee.
Fine, who was at both hearings, said he was sympathetic to the family of Mahrer but noted the attack took some planning and believed Mahrer poses a threat to the community.
“It wasn’t like someone just found a gun,” he said. “They went to Pennsylvania, were shown how to use the gun. The indictment says they asked how to wipe down the gun to remove fingerprints. This whole thing is disturbing.”
Fine said 27 rabbis and members of the community showed up at the hearing and were disappointed at the postponement.
“We met the parents outside and we were certainly sympathetic to their situation,” he added. “They have a troubled adult son and over the years they have attempted to get help for him. They wanted to make clear he is not a terrorist, although he certainly has some involvement. They feel his role was overblown.”
Fine said although he probably doesn’t belong in jail, Mahrer should be in some facility to be treated for his mental health issues, or at the very least, should be wearing an ankle bracelet while his case is working its way through the legal system.
By Debra J Rubin
