Hayashi’s Attorney May Be Pushing For Probation, Misdemeanor

Mary, Mary, why you buggin’?

Dec. 20, 2011 | The attorney for disgraced Assemblywoman Mary Hayashi is angling for probation and a downgrade of her charges from grand theft felony to a misdemeanor.

Hayashi’s attorney Douglas Rappaport was heard in court discussing his plan with an unidentified member of Judge Gerardo Sandoval’s court where he indicated he would ask for probation.

Such a move is common. The stigma and lasting ramifications of life as a convicted felon is harsh. In addition to losing certain rights going forward, the mark of a felony can make finding suitable employment a nightmare.

Hayashi pleaded not guilty to shoplifiting over $2,450 in clothing last October from a Neiman Marcus in San Francisco.

The gentleman in court last week humorously chided the prosecutor to accept Rappaport’s proposal to which they both sheepishly grinned.

Rappaport was also overheard citing Penal Code 17b in the conversation. The section refers to downgrading a felony to a misdemeanor.

Despite the large price-tag involved in the alleged theft the judge may not throw the book at Hayashi. Taking into account her personal history and lack of a criminal record, the liklihood of probation is high.

There is also speculation over how conclusive the surveillance footage of Hayashi purportedly shoplifting the items at Neiman Marcus may appear. Curiously, a follow-up item by the San Francisco Chronicle’s Matier & Ross detailing a Neiman Marcus employee reportedly recognizing Hayashi as a customer suspected of stealing clothing a week before her arrest has more than a whiff of a strategic leak by the San Francisco D.A.
According to the ethics rules in the assembly, a felony conviction would not necessarily be cause for Hayashi to resign her seat, although it could be reason for her to lose her seat on various assembly committees.

Hayashi’s termed-out seat in the assembly ends in the fall of 2012. Before her arrest, most observers believed she would sit out the next two years and run for Sen. Ellen Corbett’s termed-out seat in 2014. There were also speculation she had alternative plans to run for Rep. Pete Stark’s congressional seat that same year. Most, though, believe her political career is finished regardless of the outcome of the charges against her.

Hayashi’s next preliminary hearing is scheduled for Jan. 6. Judge Sandoval will again allow her to skip the hearing despite opposition from the San Francisco District Attorney’s Office.

Categories: Assembly, Douglas Rappaport, Mary Hayashi, Neiman Marcus, San Francisco, shoplifting

8 replies

  1. Tavares, what's with this rumor that you're living in Alameda??? What happened? Too much crime and welfare in San Leandro now that your buddy Santos has put the nail in its coffin???? HYPOCRITE!


  2. Pls explain what Mr. Tavares' living situation has to do with this article… I'm not commenting on the content of the article as far as I'm concerned, but just asking.


  3. Because if he's living in Alameda, Hayashi is not his Assemblywoman. C'mon Tavares, speak up!!!!


  4. Funny … the Hayashi hacks start attacking Tavares' residency when folks should be concentrating on the article itself. The story is a misguided assemblywoman and her attempts to lessen the embarassing (at best) situation.


  5. Hayashi's camp (or what's left of it) is bitter and know their toast. And who are they to call the kettle black? The Hayashi are the biggest carpetbaggers since the Civil War.


  6. The Assemblywoman needs psychiatric help to deal with her cleptomania. Tavares should show some compassion towards the mentally ill rather than pursue a political agenda against a frail woman.


  7. “A frail woman”…

    Oh my, and only a few months ago she was busting chops of anyone that got in her way.

    Lets just see how this thing plays out.
    Short of a complete and uncomplicated exoneration, she is through.
    No plea deal to a misdemeanor, then running for state senate.
    Life may not be as expected, but she isn't going to be homeless. Adapt.


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