Hayashi’s ‘Tumor’ Defense

Katy Grimes: The late Friday news reported that Castro Valley Assemblywoman Mary Hayashi  has a benign brain tumor, and that is what caused her to shoplift $2,500 in clothing from Neiman Marcus in San Francisco.

Interestingly, the judge assigned to her case reduced her felony grand theft charge to a misdemeanor. Hayashi’s husband is Alameda County Judge Dennis Hayashi.

But the tumor defense was not used in court yesterday, when Hayashi pleaded no contest to the reduced charges. The  court was given nothing indicating that Hayashi had or has a brain tumor.

The tunor defense, similar to the Twinkie defense,  only came up after she plead guilty to the charges. And it was after leaving the court room that her attorney mentioned it for the first time- late on Friday.

Prior to yesterday’s court appearance, Hayashi had been saying that she was innocent and her attorney  told everyone in the media that this was a “silly case.” Hayashi spokesman Sam Singer has called the incident “a mistake and a misunderstanding.”

Her attorney and spokesman have stated that she had intended to pay for the items but became distracted by a cellphone call and a snack at the cafe and inadvertently left the store without paying. “According to sources close to the case, a week before the Neiman bust, a store saleswoman noticed that a dress was missing after a woman matching Hayashi’s description tried it on. The saleswoman did not know who Hayashi was, but when Hayashi showed up Oct. 25, the clerk alerted store security and they began tracking her with surveillance cameras,” the San Francisco Chronicle reported.

Drudging up the Carole Migden defense, Hayashi’s attorney, now says that a “brain tumor” is the real culprit. In 2007, Migden smashed her state-issued SUV off a concrete median on Interstate 80 and nearly ran other motorists off the freeway before slamming into the back of another vehicle. Former State Sen. Carol Migden, D-San Francisco, said she was reaching for her official cell phone when the wreck occurred. But many of the other motorists said that she had been driving erratically for miles. And 9-1-1 tapes proved it. Migden claimed she was under medical treatment for leukemia, and the medication she was on caused her to crash.

But amazingly, she was cured of the dreaded disease and back at work in no time. Midgen subsequently lost her reelection attempt.

A medical excuse is actually brilliant because no doctor will release medical records to prove or disprove it. It’s the same as running into a church for refuge.

However, Hayashi’s case of forgetfulness doesn’t remotely ring true. She doesn’t just casually stop by Union Square on her way somewhere. Hayashi had to make the 30 miles drive from her home in Castro Valley, cross a bridge, and find parking in Union Square, in order to shop at Neiman Marcus. She brought her own shopping bag with her into the store.  And it was reported that store employees said they were already on the look out for Hayashi because they suspected she had shoplifted from that store only weeks before.

Now, the “brain tumor” PR campaign is in full swing. But her attorney said she’s out of the woods and has a clean bill of health.

Several years ago, Hollywood actress Winona Ryder was caught shoplifting at Saks Fifth Avenue in Beverly Hills. Ryder was ordered to pay restitution, and had to serve hundreds of hours of community service. The judge told her that if she was ever in his courtroom again, he’d send her to jail.

Many are questioning why Hayashi has not been asked to take a leave of absence from the Assembly.

But Hayashi’s charge was miraculously reduced from a felony to a misdemeanor. She now only has to pay a $200 fine, and did not receive any community service time as a punishment. But the biggest gift to Hayashi with the misdemeanor charge is that she does not have to give up her Assembly seat. A felony would have required her resignation.

That’s too bad – if she had resigned, Gov. Jerry Brown could have provided her a soft landing and appointed her to the new state department he created to manage California’s mental hospitals – the Department of State Hospitals.

JAN. 7, 2012

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  1. Beelzebub
    Beelzebub 7 January, 2012, 10:53

    What a crock of crap. If she’s got a brain tumor that alters her judgment to such a degree that she can’t access the difference between right and wrong – what the F is she doing in the legislature voting on laws that the rest of us must obey??? She needs to RESIGN IMMEDIATELY!!!!

    No doubt if you pulled up 10 other cases of people who got caught stealing thousands of dollars worth the goods from a retail store 9 out of 10 would do some jail time behind it with a huge fine. The one who gets it reduced to a misdeameanor with a small fine would be the one with the connections.

    But this isn’t limited to democrats either. Assemblyman Tim Donnelly attempted to board a commercial aircraft at Ontario Airport with a firearm in his possession. Was he assested??? HELL NO!!! He was DETAINED AND CITED!!! 😀 I read about an ordinary guy trying to board a plane with a lousy baton in his luggage who had NO PREVIOUS CRIMINAL RECORD who was arrested and went to jail for TWO FULL DAYS!!!

    How many people trying to board an commercial aircraft with a gun get cited and released???

    So please don’t limit the scam to democrats.

    We live in a dysfunctional society that operates off two books of laws. One for the connected – and one for everyone else.

    Reply this comment
  2. CalWatchdog
    CalWatchdog Author 7 January, 2012, 11:06

    Beezlebub – I just haven;t gotten to Donnelly yet – as a gun owner, I know what he did was incredibly stupid and careless.

    – Katy

    Reply this comment
  3. Beelzebub
    Beelzebub 7 January, 2012, 12:06

    You gotta love how these other political slugs cover for their buddies.

    Speaker John Perez was quoted to say that Hayashi made a “serious mistake” but will continue to “ably serve her constituents”.

    First off, stealing $2500 worth of goods from a retail store is not a “mistake” – it’s a serious CRIME that represents a serious void in the ethics and morals of the violator.

    How could someone with such a poor moral character be entrusted to choose what laws the rest of us should follow?

    A person with Hayashi’s criminal history could not land a clerk job at a 7-Eleven. How could she be good enough to represent hundreds of thousands of citizens in legislative affairs?

    I despise other leaders who cover for these swine even more than I despise the swine themselves.

    Reply this comment
  4. Beelzebub
    Beelzebub 7 January, 2012, 12:13

    “Beezlebub – I just haven;t gotten to Donnelly yet – as a gun owner, I know what he did was incredibly stupid and careless”

    I am not disgusted with Donnelly as much as I am disgusted with a system that basically thumbs it’s nose at the provision in our sacred constitution that allegedly guarantees “equality under the law”.

    Reply this comment
  5. Bob
    Bob 7 January, 2012, 14:15

    How much you want to be she will be re-elected in a landslide?

    Reply this comment
  6. Bob
    Bob 7 January, 2012, 14:15

    Let’s face it. All politicians are thieves, especially DemoNcrats in Cawleefornia (as Ahnode sez).

    Reply this comment
  7. Susan
    Susan 7 January, 2012, 15:38

    Are they sure her attorney said “brain tumor” or did he say “brain freeze”?

    Reply this comment
  8. Eyeamok
    Eyeamok 8 January, 2012, 05:42

    20 bucks says that if you went over the Store Security tapes for the last couple of years she will be on there STEALING MORE STUFF, which brings me to my point, SHE BELONGS IN PRISON and Her Husband the Scumbag Lawyer in a Dress, I guarantee knows all about it and should be removed from the bench and tried as a Co-Conspirator. Welcome to Banana Republic of the Tarnished State.

    Reply this comment
  9. Beelzebub
    Beelzebub 8 January, 2012, 10:46

    No doubt, Eyeamok.

    Thieves don’t steal $2500 worth of goods on their first run.

    And 99% of the time thieves are morally deficient in other areas of their lives too. It make me wonder what other crap she might have been pulling – especially as a legislator in a position of public trust. There should be a full investigation and background done by the FBI on her legislative activities for the last 5 years.

    For that fat pig John Perez to say that Hayashi can continue to ‘ably serve her constituents’ makes me want to vomit.

    Isn’t anything in public service sacred anymore?

    Reply this comment
  10. Amy L
    Amy L 8 January, 2012, 16:13

    Great job, Katy as always.

    Reply this comment
  11. econprof
    econprof 8 January, 2012, 19:56

    The real culprit here was the judge. Any info on him?

    Reply this comment

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