March 18, 2010
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News: Juror Victimized By CC Thief
A juror on a Bronx, New York trial of an alleged credit card thief was paying close attention to the thief's methods. Several days after he sat on the trial of Warren Stewart, John Postrk noticed a number of unauthorized transactions on his American Express credit card amounting to over $500. Stewart was on trial for burglary, grand larceny, and possession of a stolen credit card. Postrk went to the judge with the information and indicated that he suspected another juror, Jennifer Mercado, as the thief. He suspected Mercado as the thief because he witnessed her excess shopping sprees during lunch and breaks. He noticed that the shopping bags came from some of the same retailers where the unauthorized transactions took place.
The prosecutor for the Stewart trial reviewed one of the store's surveillance video which showed Mercado using the stolen credit card. According to court documents, Mercado allegedly stole the American Express card along with a MetroCard out of the victim's coat pocket. When questioned, Mercado admitted to using Postrk's card but said he had given her permission. The Daily News interviewed Mercado and asked her why Postrk would give her his credit card. Mercado gave a cop out answer saying "It's a he-said, she-said situation." When contacted for a comment, Postrk said he was instructed by prosecutors to refrain from speaking about the case.
During recess, Assistant District Attorney Jacob Kaplan investigated the situation and viewed the surveillance videos with another prosecutor and investigator. After witnessing Mercado using the stolen card, they immediately went to Judge Barbara Newman. Shortly thereafter, Mercado attempted to use the card at one of the stores where the authorities had viewed the videos but dropped the card and ran out when asked to show identification. The authorities arrested Mercado a couple of days later. She is charged with grand larceny, stolen property, identity theft and unlawful use of a credit card. Mercado was removed from the trial. Stewart was convicted of burglary and his attorney filed a motion for mistrial that was denied.