Hayashi Hearing Postponed to Jan. 6; Judge Allows Her To Again Skip Date

SAN FRANCISCO | Dec. 7, 2011 | Embattled Assemblywoman Mary Hayashi will get yet another waiver from appearing before a San Francisco Superior Court. The judge this morning postponed Hayashi preliminary hearing scheduled for today to Jan. 6 to allow additional time for discovery by her attorney.

Hayashi was charged Oct. 25 with shoplifting over $2,450 in clothing from the Neiman Marcus in Union Square. She has plead not guilty to felony grand theft.

Superior Court Judge Gerardo Sandoval granted the rescheduling on advice from Hayashi’s attorney Douglas Rappaport, who stated Neiman Marcus required more time to provide undisclosed pieces of evidence. An attorney for Neiman Marcus, in the court room, corroborated the delay to the judge.

Sandoval also granted another waiver for Hayashi to skip her court date next month. “I’m going to give her one last chance,” said Sandoval. “If I can get the cooperation of Neiman Marcus, I’ll order her to appear.” Sandoval issued the same decision last month to the consternation of the district attorney’s office.

San Francisco Assistant District Attorney Paul Brennan urged the court to reconsider saying, “The understanding was her appearance would be waived this time.”

Last month, a spokesman for Hayashi, who has represented Hayward, San Leandro and Castro Valley since 2006, called the incident a misunderstanding stemming from attention she was giving to multiple cell phones as she walked out of the high-end department store with a pair of black leather pants and two tops.

Hayashi says she does not plan on resigning from the assembly seat she is due to be termed out from next year. Rumors of a possible run for state senate in 2014 have always been attached to Hayashi along with a future run for Congress. Both now appear highly doubtful, according to many observers in the East Bay and Sacramento.