Gascon Is Amendable To Court Lowering Hayashi’s Felony Shoplifting Charge

SAN FRANCISCO | Jan. 6, 2012 | Assemblywoman Mary Hayashi may be en route to the San Francisco Hall of Justice today as rumors float of  a possible plea being struck.

The embattled East Bay lawmaker was not expected to appear for her preliminary hearing this morning. Hayashi was charged Oct. 25 with felony shoplifting charges after she alledged stole $2,450 worth of clothing from a San Francisco Neiman Marcus.

The attorney for Hayashi, Douglas Rappaport, twice this morning entered the chambers of San Francisco Superior Court Judge Gerardo Sandoval. He told reporters upon leaving the court, he was due back at 1:30 p.m.

Rumors at the courthouse continue to swirl over the potential of Hayashi making a appearance later this afternoon. Rappaport would not confirm the belief.

Meanwhile, San Francisco District Attorney George Gascon met upstairs with reporters and appeared amendable to the possibililty of Judge Sandoval lowering Hayashi’s charges to a misdemeanor.

“This is a case that clearly contains the elements, in our opinion, of a crime as a felony,” Gascon said, who also added Hayashi is also a first time offender. “That plays a part in the discussion.”

“The court is certainly going to make their own decision and I think all that’s appropriate,” he said. “We are certainly open to other outcomes.”

Later in the press conference, Gascon said, “If the court decides to lower it to a misdemeanor, then that would be the appropriate course and we’ll support the court.”

Simply lowering Hayashi’s charge could be done without her in attendance, said a court worker. Last Dec. 7, Sandoval, for a second time, excused Hayashi from attending her preliminary hearing.

Gascon disagreed with those who contend his office is being too lenient with the three-time assemblywoman. “While what she did is unexcusable and she needs to be held accountable for her actions, I think it is appropriate to examine all the other possibilities.”

“We handled this case the same way we would handle any other case in a similar situation,” he said. “Regardless of what your status in the community is the case should be handled the same and that’s what we are doing.”

Categories: Douglas Rappaport, George Gascon, Mary Hayashi, Neiman Marcus, San Francisco

4 replies

  1. I hope lawyers everywhere quote this bullshit line:

    “We handled this case the same way we would handle any other case in a similar situation,” he said. “Regardless of what your status in the community is the case should be handled the same and that's what we are doing.”


  2. as i noted intially, mary will plead guilty to a lesser charge and be able to serve out her term in office; it would appear her political career is over. nick, no way did Gascon want to try this case; he has other more important issues facing him. pleading to a lesser charge makes it easier for everyone and probation will keep her from running for further office. if she needs treatment, she should get it, but she also make it clear she will not seek further office; i recommend she donate the funds in her campaign account to charity. they could use the $800,000. Tony Santos


  3. Gascon is not the only person who could have taken this; there's always a plan of attack with people like her and politicians in general that break laws that garner attention. As for probation, her party will support her, maybe not you, but the Alameda County Democrats will turn their backs on this issue and quote what her lawyers want them to quote. She's already having treatment, and how perfect is it that it's not an operation but treated with drugs. She will somehow turn this into a campaign and political issue of goodwill; that people with brain tumors need more support, funding, etc. She will use the tumor as an excuse; while people with actual (she cant prove she has a tumor) tumors of the like do not make excuses. Maybe some medical expert can tell us if this is typical behavior, lapse of judgement. If she had a lapse of judgement then, how else was she affected by the tumor?

    Again, this is nothing but lies and a total slap in the face to her constituents and this great state.

    Besides the Mayor, NO one in public office, current or former, has the balls to speak up on this! They only care about themselves.


  4. Tony is the selfish one. He doesn't care about this issue, or anyone involved. He only cares about making shock-jock remarks on Internet blogs to get his worthless ass some attention. don't lower yourself by commending this attention whore.


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