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Hayashi Pleads No Contest To Misdemeanor, Gets Probation For Shoplifting

Assemblywoman has a benign brain tumor that may have affected her decisions then but is curable and no longer affects her now, lawyer says.

Bay City News -- A state assemblywoman accused of shoplifting at a Neiman Marcus store in San Francisco's Union Square pleaded no contest Friday to a misdemeanor charge and was sentenced to three years probation.

Assemblywoman Mary Hayashi, D-Hayward, after her arrest on Oct. 25 at the store at 150 Stockton St. and was released on $15,000 bail.

A security guard had stopped Hayashi with items worth $2,445 that she hadn't paid for, according to prosecutors.

Hayashi, 45, appeared in court this afternoon and changed her plea after the charge was reduced to a misdemeanor. She was sentenced to three years of court probation and ordered to stay 50 feet away from the Neiman Marcus.

She was also ordered to pay $180 in fines and fees. Hayashi's defense attorney Douglas Rappaport said outside of court that the assemblywoman has a benign brain tumor that may have impacted her decision-making abilities.

Rappaport said the tumor is curable and treatable and "is no longer affecting her concentration or her judgment." The information about the tumor was "recently" presented to prosecutors, he said.

Gale Rhoades January 06, 2012 at 10:49 PM
I have one question: would this have been the result if she were not an Assemblywoman but rather an ordinary citizen without the funds for a high-power lawyer and the pull of a political office? If the District Attorney's office can legitimately say they would have been as understanding for any Linda, Sue, or Rebecca then I applaud the outcome; otherwise shame, shame, shame!
Marga Lacabe January 06, 2012 at 10:53 PM
I think what she got is pretty standard for a first-offense. It doesn't seem to me like she got special treatment. That said, I'm unhappy she's wasted the opportunity to come clean about her shoplifting. The "brain tumor" excuse is unlikely to convince anyone and, of course, doesn't jive with her previous excuse.
Thomas Clarke January 06, 2012 at 10:57 PM
For those of you that have ever wondered if there are two sets of rules out there, this is the example you want to share with your friends, children, family and candidates for office. If you are financially independent, an incumbent well connected politician with a judge for a husband and are beholden for quite some time to the health care lobbyists you are not going to be treated the same way as the other half. No one will ever prove how much it cost to buy the misdemeanor charge reduction and the probation only plea agreement, but this was the best deal that Mary and Dennis and the Healthcare Lobby could buy. Shame on George Gascon for agreeing to this, but he likely got a lot in exchange for his support.
An\on January 06, 2012 at 11:08 PM
Is there ANYBODY who believes this spin? Well, I'm sure she has her never-ending fans who would believe anything she says. And this absurd "it's cured" stuff? Well, THAT ALONE is evidence that she's able to serve as our "cured" Assemblywoman! What Hogwash! She needs a new political hack!
Dana January 06, 2012 at 11:34 PM
Is anyone else concerned about her decision-making abilities as an Assembly woman? If she truly has been suffering from a medical condition that has impacted her good judgement, perhaps she should not be serving in public office.
Jerry Sakamoto January 07, 2012 at 12:09 AM
I think she should look at her future as a politician and step down now. There seems to be two levels of law in this country- one for the wealthy or well connected and the other for us, common people.
Leah Hall January 07, 2012 at 12:11 AM
Will additional evidence or security records be made public? Does a "no contest" plea suppress/prevent this from happening?
Michael Austin January 07, 2012 at 12:17 AM
She was ordered to pay $180 in fines and fees. What is the detail description of the misdemeanor? Did she pay for the clothing when she pled guilty (NO CONTEST) to shop lifting? Did she give the clothing back to N.M.? What about the state sales tax? Does she report this as gifts or what on her income tax? I remain humiliated, because I voted for her, three times. I posted a blog October 31, 2011 predicted she would recieve a slap on the wrist, special treatment. I believe she did. I believe she should resign.
John January 07, 2012 at 12:30 AM
This wasn't her first time shoplifting. Neiman Marcus security were waiting for her as she is a repeat offender. She was let off easy, she needs help as she has done this before with the full expectation of getting off easy because of her 1% connections. She should resign in shame.
Charles Kane January 07, 2012 at 12:40 AM
♠I drove 67 years without a traffic citation but paid $185 for my first speeding ticket. a $180 fine for shoplifting sounds very low. That said.. Many suspects are diverted or placed on probation for their first offense..
Thomas Clarke January 07, 2012 at 12:45 AM
Marga, you must be kidding. She was arrested for felony. The plea bargain down to the misdemeanor is exactly what was predicted by everyone. As a member of the Democratic Committee, you should lead in the call for her to resign. This is exactly what is wrong with America. One justice system for the rich, connected and purchased by corporations and special interests and the other is the justice system for the rest of us. This is a stain on California and the East Bay.
Ken Briggs January 07, 2012 at 12:48 AM
sounds like the case with the guy that killed the mayor in san francisco , the twinky case . vote her out of office, we do not want to over work her brain . then what about her hubby,s job .should have her help with the homeless and down and out folks in the city of hayward on weekends for three years , I hope that she paid for all the stuff she took . just keep this in the back of your brain and when you need help tell the court it was your brain tummor .
CC Gurwin January 07, 2012 at 12:49 AM
Hope her doctor did not prescribe the"retail therapy" at Neiman's no less. Should have been Kmart which is in her district!
Pleasanton Mom January 07, 2012 at 01:22 AM
This is shameful. She's termed out do doesn't care about being re-elected. She also clearly lied about the whole phone distraction excuse or she lied in court with what is basically a guilty plea. She stole from those she is supposed to serve and create laws to protect. Our law maker is a law breaker and a liar and a cheat. And yes, she got off cheap. If anything, she paid less than 10% of the value if what she stole in a fine. If this was normal, what's the deterrent to stealing when it might actually be a good investment. Should I go steal 4,000 worth of stuff knowing the most it will cost me is less than 400 if I'm caught? At at a min, the fine should have exceeded the value of the items she stole. And yes, this was just the first time she was CAUGHT. Lord help us all if this is who California is trusting to protect its citizens.
Robo Eng January 07, 2012 at 01:32 AM
Justice is not blind, rather it favors those in (corrupt) power. Anybody who believes this spin deserves her as a representative. Really hope she doesn't seek reelection. She should spend the time recuperating rather than serving in an office of public trust. Better, write an article for a medical science journal about her cure.
Pleasanton Mom January 07, 2012 at 01:52 AM
Robo Eng: She's termed out and can't be re-elected. I hope shes not foolish enough to run for another office.
Larry Smith January 07, 2012 at 02:39 AM
Wow!!! I am amazed that there are so many clear-thinking folks out there who recognize the sheer lunacy and comedic drama that this public office holder has provided us. Finally, she is an admitted criminal who was able to game the system of which she and her husband are a part and get off with far less than a slap on the wrist. And the excuse that her criminal behavior was caused by a tumor that has already responded to treatment is as original as the well-worn 'Twinkie defense' of countless criminals before her. About the only thing one can legitimately say about this whole ugly episode is that she has shown that she has the moral character to be a California Senator for which I presume she is still running. Anyone who can sell that pack of 'mistakes' to a gullible public can probably even become President of these United States.
Pleasanton Mom January 07, 2012 at 02:46 AM
Is she seriously running for the state senate? Really?
Jamie January 07, 2012 at 03:52 AM
Now it's a brain tumor?? Gimme a break, and the rest of the folks out there a break. Oh my.
matt costa January 07, 2012 at 02:09 PM
Does this really surprise anyone? She's just another self-important, entitled, out of touch with America, politician. Her goal was never to represent her district, it was to get elected to the next (bigger) office. If she's a thief, she had better get impeached and no longer hold public office. If she has a tumor effecting her decision-making capabilities (which we all know is BS), she needs to resign and no longer hold public office. Bottom line: she's done.
Pleasanton Mom January 08, 2012 at 11:25 AM
I know some are writing to her office asking her to resign. Please mail your letters to her residence (the address is PUBLIC information) so she'll see it and not some staffer that will shred and she'll never know it existed. Here's her residence: Mary Hayashi 18410 Buren Place Catro Valley, CA 94552 Someone just posted this on another site and I couldn't resist sharing. Please pass along and continue to post. Let's let this criminal know what we really think of her.
Marga Lacabe January 08, 2012 at 06:12 PM
For those who are really bothered by the likelihood of Mary running for California Senate, you may want to contribute to the campaign of her opponent, Fremont Assemblyman Bob Wieckowski. Mary has already $800K in her campaign fund and she may very well get much more, she has rich backers. So Wieckowski will need as much help as he can get. The campaign won't start until 2014 and people may have forgotten by then about this. You can contribute to Wieckowski's campaign at https://secure.actblue.com/entity/fundraisers/26893 PS I do not work for or have any relationship with Wieckowski, but I met the guy and he seems very earnest and committed to California. I previously posted this comment in a different thread.
Analisa Harangozo (Editor) January 08, 2012 at 11:41 PM
Lisa, where did you find this address at? Do you know if it's current? I believe she lives in Hayward now (as stated in her bio).
Camaro on Cinderblocks January 12, 2012 at 03:35 AM
If you want to contact Mary Hayashi her email address is assemblymember.hayashi@assembly.ca.gov Web site www.asmdc.org/hayashi District Office 22320 Foothill Blvd Suite 540 Hayward 510 583 8818 The reason I have this information is because I just received a letter in my mailbox from Mary Hayasi inviting me to a Senior Scam Stopper seminar in Pleasanton. It's quite ironic that a convicted thief is trying to help people not scammed. This woman has a huge pair.

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