Trial begins for Lingerie Night kidnapping attempt

APPLETON – While Dennis L. Mitchell insists he never intended to kidnap an Eager Beaver bartender in July, his former fellow jail inmate told a different story Tuesday.

Mitchell, 46, of Appleton, is charged with attempted kidnapping and prostitution stemming from two separate incidents in 2014. His trial began Tuesday with testimony from both alleged victims, the former inmate and the bar owner.

“You’ve heard a lot of bad things about Mr. Mitchell,” defense attorney Amy Menzel said in her opening statement. “But he’s not the monster the state wants you to believe he is. He did not do what the state alleged, mostly because he didn’t have to.”

In the first incident, prosecutors said Mitchell approached a woman in May and offered to pay her for sex. When she refused, they said he offered larger increments of payment before finally driving away.

Menzel said while Mitchell did approach both women, he never offered to pay for sex or put a bag over the bartender’s head and choked her, as prosecutors allege.

“It’s not illegal to ask someone to go out and have a good time or even have sex,” Menzel said. “It’s only illegal if something of value is offered.”

But Chad Vandenberg said Mitchell admitted to the kidnapping attempt while they were both housed in the Outagamie County jail. Vandenberg, who said he was not offered any incentive for his testimony, said Mitchell told him he’d waited for the bartender in the parking lot because he was attracted to her.

Vandenberg said Mitchell also admitted to trying to put the bag over the woman’s head and to strangling her, which was how the bartender described the event when she testified Tuesday afternoon.

The woman said Mitchell came to Eager Beaver Bar for the weekly Lingerie Night, during which scantily clad bartenders would serve drinks to draw in additional business. Post-Crescent Media does not typically identify victims of sensitive crimes and is not naming either woman.

RELATED:Appleton bar ends ‘Lingerie Night’ after kidnap attempt

The bartender said Mitchell had asked her out on previous nights, but she turned him down. He frequented the bar, at 1400 W. 2nd St., often enough that she and a second bartender knew which drink he ordered, and the alleged victim said she was able to recognize him as he lunged for her July 10.

“That man attacked me,” she said tearfully. “He took his hand and grabbed my neck and said, ‘Shh, shh,” and put a bag over my head.”

The woman said she fought back and ripped the bag off her head, screaming loudly enough to attract the attention of neighbors sitting on a porch. When the witnesses approached, she said Mitchell fled.

Police found the grocery bag after speaking with the woman and found a Walmart receipt inside. When they showed the woman the surveillance footage from the store, she told them she was “100 percent sure” it was Mitchell and that he was the one who had attacked her.

Police also took a DNA sample from the woman’s neck, and while it was not a match for Mitchell, there was DNA from another man, Menzel said. Menzel also said Mitchell did not have curly hair, contrary to the woman’s initial statement to police.

The trial should conclude Wednesday, and Mitchell is expected to testify in his own defense.

EARLIER:Man charged with attempted kidnapping of bartender

— Ariel Cheung: 920-993-1000, ext. 430, or acheung@postcrescent.com; on Twitter @arielfab

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