How NOT to be a criminal: The case of Jennifer Mercado

March 19, 2010

Choose your weapon! Wait, this isn't a duel....

We here are Too Old are not attempting to tell you how to commit crimes.  But, we will tell you what NOT to do.  One of the more stupid criminals that have come across out desk is Jennifer Mercado.  If you are ever thinking about committing some credit card fraud, Ms. Mercado shows you want not to do…

Jennifer Mercado allegedly swipes fellow juror’s credit cards – during trial of credit card thief!

BY Brendan Brosh and Kerry Burke

Originally Published:Tuesday, March 16th 2010, 11:47 PM
Updated: Thursday, March 18th 2010, 7:21 PM

There was more than one criminal in this courtroom.

The Bronx trial of an accused credit card thief was thrown into turmoil when a juror’s plastic was stolen and used for a shopping spree – allegedly by another juror!

Jennifer Mercado, 20, went from sitting in judgment to sitting in a cell after she brazenly waltzed in from lunch breaks loaded down with bags.

The prosecutor of the trial – which also involved a stolen credit card – helped nail her by reviewing the store’s security video.

Mercado doesn’t deny she used fellow juror John Postrk‘s American Express card to buy more than $500 worth of loot, but she apparently didn’t learn much about reasonable doubt while doing her civic duty.

“The guy did give me permission to use his credit card,” she told the Daily News.

Asked why Postrk would do that, Mercado came up with an alibi worthy of “Law & Order.”

“He came on to me,” she said. “It’s a he-said, she-said situation. In court, they will find out he’s lying.”

Hopefully, that is all she is going to say.  The dude likes your profile after sitting next to you and he starts whispering sweet nothings in your ear.  Then, to seal the deal, he doesn’t ask you to dip to the closet hotel so he can have carnal relations, he just causally drops his AMEX on you?  What did he say? “Here is my card, go buy yourself and others something nice?”  What was the rush?  You already stole the card, what about waiting until you are out of court for the day, before you go on your big shopping spree?

Postrk, 49, who works for the Children’s Aid Society, said prosecutors asked him not to talk about the case.

He and Mercado were sitting on the trial of Warren Stewart, arrested in 2006 for burglary, grand larceny and possessing a stolen credit card.

A perfect example of life imitating art.  Or stupid following stupid.

Why Yes I did. It is the reason I stole and committed my crime DURING THE TRIAL!

On March 8, Postrk’s American Express cards and MetroCard were swiped from his coat, court documents charge.

That day, and the next two days, his card was used at local stores during jurors’ lunch hour.

When Postrk reported the theft to the judge on March 10, he already had a suspect in mind because the charges on his American Express account came from stores where Mercado had been shopping.

“It’s the person that came back with the baggage,” Postrk told Judge Barbara Newman.

He noted that a court officer commented on Mercado’s bags.

“As we were leaving one of the court officers mentioned, ‘Oh, that’s a really nice bag,’ ” Postrk said. “And I just happened to look. And she did a double-take back, like I scared her.”

Assistant District Attorney Jacob Kaplan, who was prosecuting Stewart, investigated Postrk’s claims during a recess.

With another prosecutor and investigator, he went to stores across from the Bronx Hall of Justice and viewed videos of a woman who appeared to be Mercado using Postrk’s card, court transcripts say.

Twenty minutes later, Mercado came back to one of the stores and tried to make a purchase. A manager asked her for ID and she apparently got spooked.

“She pulled out what [the manager] believed to be another American Express card in what he believed was John Postrk’s name,” Kaplan told the judge.

“And when he turned around, she dropped the credit card and walked out of the store.”

Isn’t that when she should have known that the gig was up?  That is when you drop everything and walk away.  The fact that she went back to the scene of the crime (re: the Courthouse) tells you that this was probably her first rodeo with stealing credit cards.

At the Jeans Plus shop, Mercado made quite an impression, buying four pairs of shoes, including a pair of Nike Air Jordans.

“She was talking nice to me, asking for a discount,” manager Jason Ayoub said.

Mercado was arrested March 12 and charged with grand larceny, stolen property, identity theft and unlawful use of a credit card. She faces four years.

Her lawyer declined comment.

Mercado was removed from the Stewart case but Postrk stayed. The jury acquitted Stewart of having a stolen credit card, but convicted him of burglary.

Ironic the person on trial was innocent of the credit card crime…when Mercado is going to be found guilty, because of the film.

Stewart’s lawyer, Soraya Hurtado, asked for a mistrial because of the incident but was denied.

The district attorney’s office declined to comment, but word of the case spread quickly.

“You’ve got to be really stupid to do that in front of a judge, court officers, law enforcement and all the cameras in this building,” said one courthouse employee.

6 Responses to “How NOT to be a criminal: The case of Jennifer Mercado”

  1. tophatal said


    Now when this all goes to trial should it ever take place . That’s at least $3,000 that needn’t have been spent. And we call the justice system in countries such Saudi Arabia and Nigeria ? Steal something there and you get either your whole damn hand or arm removed dependent upon the severity of the crime. What’s not to like about that as a deterrent ?

    Alan Parkins

  2. Steve said

    perfect! Then she wouldn’t be able to hold her coat over her face

  3. tophatal said


    We question the Muslim tenets as it relates to Sharia law . But in many respects those tenets themselves are no different from what one finds in the old testament of the Bible. So why all this whining fuss from many in the West ?

    Alan Parkins

  4. Ronin Storm said

    “She was talking nice to me, asking for a discount,”
    This Woman is a “P-I-M-P”.
    Can you believe she was asking for a discount? Now that’s some crazy scam b/c who would ever think a someone was stealing when they previously asked for a discount.
    But just goes to shoe you who we have sitting on juries these days. Elderly people who think everyone is a criminal and criminals who think no one is guilty.

  5. tophatal said

    Steve & Ronin

    Don’t forget to fill out that US census form . You know it’ll go a long way in helping out someone don’t you ? Never mind the fact that the government has spent in excess of $450 million in ads to let you know that the forms will be coming plus another $65 million in posting out letters as a reminder. That’s the taxpayers’ monies simply being put to no use whatsoever !

    Half a billion dollars simply to let you know that a form will be posted to you and that you’ve got to fill it out. Call me crazy that’s f_cking nuts !

    Alan Parkins

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