Breaking- Bodenheimer Pleads Guilty to Reduced Charges: Gets Probation and Is Barred from Schools

According to Lohud Rabbi Gabriel (Gavriel) Bodenheimer pled guilty to child endangerment instead of facing trial on charges of  three counts of first-degree criminal sexual act and one count of first-degree sex abuse including oral and anal sex with a seven-year-old boy. Bodenheimer, was principal for decades of the Bais Mikroh school in Monsey.

[UPDATE- See Bodenheimer Agreed to Sex Offender Probation]

for other Frum Follies posts on Bodenheimer, click here.

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39 thoughts on “Breaking- Bodenheimer Pleads Guilty to Reduced Charges: Gets Probation and Is Barred from Schools

    • Innocent-shminocent! It was a bargain metziah. How could any child rapist defender resist, let alone a 70-year-old guy contemplating sitting in jail so long that he would only get out with the help of the burial society.

  1. Where are all the commentators how “we will all see in court how innocent he is”?
    A shandeh. I am sure he issued many bans on cell phones etc…

    • Aderabe: they will now for sure say he was innocent, had to take the pttance of a plea deal, anti-Semites etc etc. Laughing all the way to the bank…

  2. I hate child molesters as much as the next guy but only if they molested children. I’m glad justice has prevailed.

    • He pled guilty and he is barred from entering school buildings again. Doesn’t sound like innocent. Not for a man who had a fully paid for legal defense and was out on bail.

      • Shragie – Below is your previous post………
        06/09/2015 AT 4:56 PM
        I have never before posted anything on the Internet. However, because I feel do strongly about this I will make my first exception. I was a student at BM at the same time as this deranged accuser was. I have my own grievances against GB as well regarding his old school chinuch methodology. The problem here however is that when this case closes and everyone realizes his innocence and the easiness with which one can get indictments against people with whom they have beef, it will energize a whole new slew of child molesters who will be able to claim that they are being “bodenheimered”! Accordingly, Yerachmiel, if you were really bothered by child molesters you would start preparing an apology and use this case as “the exception which proves the rule” instead of preparing your excuse. (It would be nice if we could trust the prosecutor to do his best, But alas, Rockland DA Thomas Zugibe is indebted to the Haredi voting block. In the past it was clear he was not going all out in his prosecution efforts”)

        BTW – if I were innocent you wouldn’t cath me taking a plea deal. WAKE UP
        Reply

    • Bury you’re head in the sand. When will people wake up to reality. No one is above anything especially when you have been given absolute power. “Ein apotropus l’aroyos”. He is a low life and nothing more. Of course he can do tshuva when he apologizes and acknowledges his crime. The school to needs to accept responsibility too. There is no way they didn’t know about any of this nonsense
      Instead of parents learning from this to not blindly trust anyone who comes to you in the name of the lord; we have people like you who kill a moment of truth

  3. BTW, endangering the welfare of a child is not a sec crime. The reason the da was forced to dump the sex charges was because he would have looked like a fool in court.

    • Did you read the LOHUD article. the victim did not want to go through the ordeal of a trial and was satisfied with the plea deal. This is not innocence, however much you try to read it that way.

  4. Rocky – Gribbetz said he was innocent of sex crimes, which is now evident. Unfortunately, he was guilty of physical abuse aka endangerment of a child.
    Yerachmiel – It was a bargain metziah. How could any child rapist defender resist.. The question is why was a bargain metziah offeerred to him??? See what I wrote to Rocky.
    BH – we’re right here!

    • Gribbetz also said he wouldn’t plead guilty to anything. That is now 0-4 on these sort of predictions for his clients. How can you be certain it was not sexual abuse. Child endangerment can be physical or sexual abuse. He was offered a bargain because like many children raped when they are just seven, repeatedly, he is suffering and fragile and did not feel up to the brutal cross examination typical of defense attorneys of perverts. the victim is now 12 and still fragile.

      • We appreciate your support but the District Attorney made very clear in court that the victim was not fragile at all but an extremely strong and mentally competent young man. The victim stood before a grand jury and gave testimony without the support of having his parents in the room with him, and his testimony was strong and consistent enough for a group of adults to indict this molester, based solely on the testimony of this child. That doesn’t sound like a fragile boy. Victims do no make the deals. The perp plead guilty and by virtue of his SEX OFFENDER probation, anyone can see just what his crime was. The court proceedings went on so long and it is time for the young man to get on with the rest of his life. The world renown forensic psychologist who attended yesterday’s proceedings, also attested to the boy’s strength of character. Even the detectives in the case spoke highly of the boys ability to give credible ushakable testimony. Not a soul stood by the perp except for his lawyer and an unnamed , disheveled individual who stood near. No wife, no children, no grandchildren there to support the shamed so called rabbi. The victim had a large support group of family and friends, forensic experts,and law enforcement. The cheese stood alone because as usual the cheese reeks of guilt.

    • If there were no sex crime involved would GB not made it a point in the plea deal that there was no sexual content involved?

  5. Anyone who wants the real facts should go to failedmessiah.com. he did his homework properly and he is reporting the real story. He’s not telling people to read lohud – which is another way of admitting that you have no clue what’s going on. I see know one here is interested in the truth.

  6. Many of you are naive in the extreme. It is commonplace for innocent people to take a plea as the potential alternative can be unendurable.
    In a society where a single misstep by your legal team or an unfavorable political atmosphere may result in a 25 year sentence, prudence demands that you “take the deal”
    Prosecutors just want a notch on their belts and the innocence or guilt (or even degree of culpability) of the defendant means nothing.
    If Rubashkin has taken a deal he would be a free man today.
    Without hard evidence it is impossible to attribute guilt based on a plea deal.

    • This is much more true of the poor who cannot afford quality legal defense. It is especially true of the poor who cannot raise bail and will have to sit in jail till they get a trial. But Bodenheimer had excellent funding for bail and a legal defense.

      He accepted a deal that kills his lifelong career as an educator.

      the sentencing report and probation document will have more details which will clarify his culpability, in all likelihood. We will not see those for a at least two months.

    • Your last statement about Rubashkin is based on your own surmise that he is completely innocent of all charges. There is plenty of naivete in that. While I and many feel his sentence was ridiculous nevertheless he was found guilty by a court of law. I agree he should have taken the plea bargain it is the government way of saying as long as you acknowledge the wrongdoing we will work this out quickly. Foolish advice by zealots who scream “anti-semite” all day gave him the fury of the legal system. He should have taken the plea. GB got the right legal advice and took the plea. Well done Gribetz. It beats jail time and official sex offender status

  7. This bum stood in court and plead guilty to endangering the emotional, and physical welfare of a young child. He has agreed to SEX OFFENDER probation for three years and is unable to enter his own sub standard school as well as any other school. Granted the plea doesn’t include jail time, but to have a once respected Rabbi in the community stand in a court room and admit that he willfully hurt a child that resulted in sex offender probation says it all .What kind of a person does that…… a predator, a pevert, and a person with no moral compass. I am afraid that this low life has a spinning top rather than a moral compass. Any parent who has willingly sent their child to his school after he was indicted by a grand jury on the original charges is guilty of endangering their own children. . I would have loved to have seen the bum go to jail. I would have supported the death penalty for the likes of this predator, but I am more than pleased that the ordeal for the child and the family is over. Kuddos to the victim and his family for bringing the issue to the police, for following through, for the strength of the child to testify before a grand jury with compelling and believable testimony Mr. Bodenheimer’s sex offender probation is far more restrictive than regular probation and carries with it the shame of being a pervert and predator. When Mr. Bodenheimer left jail after his arrest the first time he wore a paper bag over his head to hide his shame. I think he should get a large suppy of paper bags to wear over his head permanently since, while his probation will last only three years, his shame and the shame he has brought on his community and family will last a lifetime. In the meanwhile the young man whose childhood innocence he stole can get on with his life outside of this disgusting community and develop into the outstanding, brave, and courageous young adult he has already shown he is.

    • He is a Haredi Yekke, around 70 years old. Very well respected in his community (at least until these charges came up) in spite of being notorious for viciously beating the kids in his school.

  8. The second no jail time plea agreement this year in this extended family for alleged sex crimes.

    I believe that Rabbi Bodenheimer is a brother of Rabbi Michoel Bodenheimer, Rosh Kollel in Kiryat Sefer (brother-in-law of Rav Sheftel Neuberger, Menahel/President of Yeshivas Ner Yisrael in Baltimore, grandson-in-law of Rav Yaakov Kamenetsky).

    Criminal Complaint against Rav Sheftel Neuberger’s brother Isaac Neuberger for sexual assault against an adult male:

    See:
    http://failedmessiah.typepad.com/failed_messiahcom/2013/12/criminal-complaint-against-isaac-neuberger-for-sexual-abuse-678.html

    Isaac Neuberger plead guilty to simple assault in a plea agreement earlier this year:
    1) http://jewishtimes.com/33551/neuberger-gets-probation-assault/
    2) http://failedmessiah.typepad.com/failed_messiahcom/2015/01/an-interview-with-the-victim-of-isaac-neuberger-123.html
    3) http://failedmessiah.typepad.com/failed_messiahcom/2015/01/prominent-baltimore-haredi-lawyer-ducks-prison-on-sex-assault-charge-345.html

  9. This is one of the few molester cases where I am not sure about the accused’s guilt. No one else has alleged molestation by this man and there are some issues with the accuser. Are you aware of any other complaints made to law enforcement not reported in the media or private complaints not made to police?

    Otherwise, because Bodenheimer has a reputation for physical violence I am surprised no one has ever brought those sort of charges

    As far as being banned from the yeshiva there are ways Bodenheimer can easily get around it if you check out section 65 of the State penal code.

  10. The WSJ did an article on plea bargains in federal cases. The rate is something like 97%. The article attributed the high rate to the government’s abllity to sap the defendant’s money by constantly adjourning court hearings (the defendant has to pay his attorney $1,000 to prepare and show up, and may himself take off the day from work to attend, only to have the government attorney show up, request the matter be put off, etc.)
    Also, the government can threaten defendants with sentences that last decades.
    In many cases, the government seizes virtually all assets of the defendant, including nearly all his / her money, making it extremely difficult to pay the mortgage and bills.
    The prosecutor announces the charges publicly, which results in the defendant losing his/ her job and being unable to find work.
    And the list goes on.
    I personally know someone who was innocent and felt forced to accept a plea bargain (which the prosecutor insists including an ‘admission’ of guilt, so as to preclude later legal action against the prosecutore), which resulted in the loss of the person’s hard-earned license to practice his profession. All this, after spending hundreds of thousands of dollars in legal fees.

    I am NOT in ANY way condoning, defending, or rationalizing anything with regard to the case being discussed, but I am saying that a plea bargain is something 97% of defendants in federal cases feel compelled to accept, and this percentage alone suggests something is very skewed against all but the super-wealthy and those willing to risk everything at a trial, as did Mr Rubashkin.

    • These are indeed problems, especially for those without the money for a good legal defense or the money for bail, or those dealing with asset seizure. However, Bodenheimer had the money for bail, and a top notch legal defense, and there was no asset seizure involved in his case.

      • Rubashkin had a top notch legal team,Martha Stewart had a top notch team, even Plaxico Buress had Brafman…. The results are evident.
        Why risk 25 years vs a plea

        • when you are guilty as hell and the DA can prove it you have a tough choice, take an unpleasant deal or risk much more if you can’t beat the charge in a trial (even though the burden of proof “beyond a reasonable doubt” is on the prosecutor).

    • I agree that a lot is messed up with the US federal justice system. But I thought Bodenheimer is facing state charges, not federal ones?

    • As a Deputy District Attorney, I feel compelled to respond to this comment. This comment is not directed toward the idea of Federal practice, which operates under different laws, but towards State practice. Nevertheless, I am very skeptical of the claims that the prosecution can “sap the defendant’s money.”

      Under the Due Process clause, defendants are entitled to a speedy trial. What that means is that Statutorily, a timeline for the case is set. For example, in California, the timeline is 90 days from the date of arraignment.

      In the event that a party needs further time, they can file a motion to continue. It is considered wholly inappropriate for a prosecutor to file a motion to continue on a matter they filed. I.e., if you are filing a case, you should be ready to try it. Moreover, a prosecutorial request for further time is not “good cause” and will be denied. Translation: its virtually impossible for the prosecutor to ask for additional time, since it will violate the defendant’s due process rights.

      In my 9+ year career and being involved in more than 10,000 cases, I have filed exactly ONE motion to continue. It was based on a very narrow and limited statute pertaining to trial scheduling.

      The remainder of the “continuances” are filed by the defense. They, and only they, can waive their due process rights. Thus, when a case gets aged, its overwhelmingly the defense’s continuance and not the prosecutors doing.

      Freezing assets: they can only do this if they reasonably believe that these assets are related to the crime itself. If a person is charged with molestation, the prosecutor cannot freeze or seize any assets at all. Those cases that you know of, all relate to fraud charges.

      Finally, the idea of announcing it publicly and causing the defendant to lose his job is disingenuous. In America, there is freedom of information. I.e., the charging of an individual in a criminal matter is of public interest and concern, hence, its publicity.

  11. From the outset I believed that Bodenheimer was innocent. I went to Bodenheimers school, and I have interacted with him numerous times over the last twenty years. I would happily send my children there as it is an excellent school. He is clearly not an abuser evidenced by the fact that no other “victims” have come forward. He was the principal there for over 30(!!!) years. Yerachmiel be a man and admit that he is at least most probably innocent. You are grasping at straws, and it makes you look pathetic. The DA never would have given him such a lame deal if he thought he could get a conviction. The alternative is that you risk turning away people like myself that come here to see abusers exposed, not the vilification of exonerated “child molesters” Keep blowing the whistle, but in this case admit it and move on.

    • Tzvi, The fact that you never saw him molest kids does not prove he didn’t. I do assume you realize that very few molesters do their dirty deeds in public. Molesting is usuaally a crime committed behind closed doors.

      As for sending your kids to his yeshiva, shame on you. even if you believe that he is innocent of molesting. An awful lot of people in Monsey know he brutally beat kids. That he did in public and it was well known to the staff and students in his yesshiva, Bais Mikroh. The including many from the community who witnessed it just passing through the building.

      While I feel he should have been sent to jail, this is not quite a sweetheart deal. He must give up the yeshiva and not set foot in any school or other children’s program for 3 years. At approximately 70 years of age, he is effectively forced into retirement. As you also know he is a very proud man, a true yekke (German Jew) invested in his reputation for rectitude.

      You are ignoring the other reason conviction rates are so high, mostly through plea bargains. Prosecutors are risk-averse and will often not prosecute rather than risk an acquittal. This is especially true of elected prosecutors like Thomas Zugibe in Rockland County.

  12. I’m guessing (just guessing!) that the plea deal involved Bodenheimer pleading guilty to physical abuse of a child (which it seems like he IS guilty of), whilst denying sexual abuse. I await further info.

    I don’t know if he gets SEX OFFENDER status, but this need not mean anything. I suspect one can be given such a status for child abuse crimes, even “nonsexual” abuse, odd as this may seem to some. (There are many things one can get sex offender status for, some of them odd or bizarre, like public urination, or same-aged teens having consensual sex with each other). Can anyone confirm or refute this?

    As for being banned from schools, he deserves it. His victims should launch a group lawsuit for all the beatings he gave them. Now the beatings will hopefully end.

    • I would love to be interviewed to completely demolish the ridiculous perspective in that article. What utter rubbish….it misrepresents almost every part of the criminal justice system.

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