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State Assemblywoman Mary Hayashi (D-18th), who represents much of Pleasanton, pleaded no contest Friday to a misdemeanor charge of shoplifting at a Neiman Marcus store in San Francisco’s Union Square and was sentenced to three years probation.

The state legislator, who is in her third and final term in the state Assembly, had initially pleaded not guilty to a felony grand theft charge 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. The merchandise was leather pants, a black skirt and a white blouse.

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 that Neiman Marcus store. 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.

Hayashi issued the following statement Monday:

“After a lifetime of public service, this has been a painful experience…but one of my own making. The simple fact is I unintentionally walked out of a store with items I had not paid for. Of course, I intended to purchase what I had, but I didn’t. Losing track of how fast you are driving is no excuse for speeding. And losing track of clothing I was purchasing is no excuse for walking out of a store without paying.

“I accept responsibility and I offer apologies, not excuses. I want to thank my family, constituents and colleagues for the support and patience they have given me during this very difficult personal time.

“There were a number of personal factors that led to the situation where I made this absentminded error. My medical condition may have complicated the situation, however I want to be clear that I take full personal responsibility for my actions. I want to assure you that I am taking steps to deal with my health and continuing to work hard for my district and for the people of California.”

Hayashi, whose district includes part of Pleasanton, Hayward, Castro Valley and Dublin, has served in the State Assembly since 2006. She is married to Alameda Superior Court Judge Dennis Hayashi, who was elected in 2008.

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23 Comments

  1. Wow. I mean wow. This is an example of the 1%. Husband an judge….
    Her party talks about the 1% but it is interesting that she gets away with this. If myself or someone else did this the result would be alot different. And spare me the maybe the tumor impacted her decision making. This is an example of the political elite… ie the Democrats getting away with it. At least she should resign…..

    I for one am disgusted with this. If a homeless guy in SF did this he would get a much heavier fine / prison. She should do the honorable thing and resign.

  2. This is nonsense!

    If she has a brain tumor that affects decision making, step down NOW!

    Otherwise, serve time like others would have done.

  3. I wonder if they looked in her closet to see what else she shoplifted. Since the store had reason to check her out, she probably had done this before and not just there. It’s like a speeding ticket, very rare to get one the first time you speed.

  4. She should have been sentenced to work project. At least 10 days of it. She should be ashamed of herself. I bet she’s done this before but this time she got caught.

  5. Common sense:

    You hit the nail on the head. It has come out that Nieman Marcus security was watching her because an alert sales clerk recognized her from a shopping trip to the store a week or so before when a dress the criminal tried on that day turned up missing after she “tried it on”. This clerk called security when she saw her again do they could watch her, and sure enough, they caught her on video walking out with this $2,500 in merchandise that just happened to be in an empty shopping bag she brought from home. So this was a well planned shoplifting spree and she was only caught because she was identified as someone this very alert NM clerk thought stole a very expensive dress within the two weeks prior. I’m not even kidding and am not smart enough to make this up.

    It’s pathetic that her tumor imPacted her judgement before when it was convenient to say so, yet magically it’s no longer an issue and she is now totally fine to keep her job. And now we know she’s not just an admitted thief, but also a liar since the old story was the “cell phone excuse” but now she says she stole because her judgement was impaired. Which is it? One is a lie.

    She is an embarrassment to those with serious brain rumors that abide by the law and don’t try to blame their actions on their illness. She does not represent these people and I’m just so sorry she sees it fit to blame her pathetic crime on something that costs some wonderful people their lives.

  6. How come so many Americans want heads to roll? A decision has been made, what’s so difficult about being respectful of the decision?

    I certainly don’t always agree with legal decisions that are made but I remain respectful.

    This is AMERICA, grow up!

  7. Mom said:”It’s pathetic that her tumor imPacted her judgement before when it was convenient to say so, yet magically it’s no longer an issue and she is now totally fine to keep her job.”

    LOL! Yeah, it’s funny how she and her lawyer managed to weasel out of this one. I was curious to get all the details about the case, so I was hoping that it would go to trial.

  8. This is a total joke. This lady is a fraud and anybody who votes for her in any future elections should be ashamed of themselves.

    Honestly, how can she even stay in office??? She is a complete embarassment and I am disgusted that she represents my district.

    She has proven to have no morals or values…typical politician.

  9. It’s a miracle! She had a brain tumor 2 months ago and now she is cured and it is no longer affecting her.

    How can anybody believe anything she says when she runs for office? I guess she can lie during the campaign now and then say it was because of her brain tumor but that it is no longer a problem. “Trust me.”

  10. The prosecutors made it clear that nothing having to do with a so-called brain tumor had anything to do with their decision to take her guilty plea.

    Everything…absolutely EVERYTHING we are getting about this “tumor” is coming from her lawyer. None of it is on the record or in the court papers. It is all from Hayashi and her lawyer.
    No one, no media, no citizens, no unbiased experts have had access to any of the so-called medical information.
    Nor is anyone likely to get access to anything with which to determine whether any of it has any validity.

    Even more Mary had better get her other hired gun on board. Her initial and still hired professional spokesman Sam Singer, emailed KGO-7 reporter Vic Lee a email that he reported tonight as follows…
    ———————————————————-
    Adding to the confusion, in an email sent Friday, Singer acknowledged Hayashi’s brain tumor but said, “It did not play a role in her forgetfulness and distraction in accidentally walking out.”
    ———————————————————-

    So the fact that she “may” have a brain tumor seems to have nothing to do with her committing the crime which she is now guilty of.

    Our Assembly-person is a convicted thief. She stole $2,500 worth of merchandise and said for months that she was “not guilty”

    Her current lawyer previously described the crime as “silly”…
    Here is what he said
    “It’s a silly little case that got blown out of proportion,”
    That reported in both the SF Chronicle and Sac Bee.

    Now, this lawyer who called the case “a silly little case” suddenly comes back to us and in a very serious tone says now that his client has a “brain tumor”..
    Ooooh… now he is all business and pleading for public understanding.

    Oh, Mr Rappaport, what about it being a “silly case” which your client wasn’t guilty of?

    Folks, Mary Hayashi is a convicted thief and is going to be paid $100,000 to represent you during 2012.
    She and Assembly Speaker Perez are treating you like dirt. You, the voters, the residents of the district, are nothing but suckers who are suppose to buy their story.

    Perez says the following.. “”I am confident that with the close of these proceedings, she will continue to ably serve her constituents with the same talent and passion she has displayed throughout her time in office,”

    There you have it. They don’t give a darn about you.
    BTW, I am a lifelong Democrat and I am sicked by this behavior.
    Not just the crime, but the treatment of it by Hayashi and the other Democratic legislators.

    Editorials should appear in the local papers calling for her resignation.
    It is insulting to have her continue representing us while claiming a brain tumor caused her to violate the law.

    What a God awful sham.

  11. dear mr. & ms. primitive, please essssssplain how come so many of you want blood?

    the court has rendered a decision…what’s the problem?

    tee hee hee, tee hee hee…

  12. Cholo, we “don’t want blood”…

    you say, “the court has rendered a decision, whats the problem?”

    I’ve got no problem with the court. Nothing was ever given to the court about the “brain tumor”…
    No, the only time we begin to hear the “brain tumor” excuse is AFTER the court proceedings are over, and her attorney is walking out of the building.
    Then, and only then, is the first time the world is told that a supposed “brain tumor” is the potential cause of her criminal behavior.
    Even then her attorney said it “may” be the cause of her behavior.
    No evidence produced. No records produced. No experts produced.
    Nothing at all put forth except the attorney’s suggestion of such.
    Her own hired spokesman, Sam Singer, told the Chronicle that the brain tumor had nothing to do with her actions and distractions.

    This sudden “brain tumor” explanation is only given to everyone AFTER the court had accepted her guilty plea.

    After everything is off the record and not under oath.

    And forgive me, but I betting that not 1 person in 1,000 with a brain tumor suddenly becomes a shoplifter.

    NO, clearly this a veiled attempt on her part to salvage her political career and to keep in play some use of her $800,000 political war chest. She still thinks she can run for the State Senate in 2014. That the public will overlook her conviction.

    One can only question your anger at district residents that are outraged at her behavior and slap on the wrist.

    You seem to want a convicted thief to represent you.
    Is that true? Exactly what does a legislator have to do to finally make you want them to resign? Armed robbery, homicide… what?

    I’m a registered Democrat for over 40 years. I want her to resign Monday morning, not walk around suggesting that a “brain tumor” is the real cause.

    Any sensible person would want her to resign.
    What is your agenda?

  13. Wow. This looks bad.

    Hayashi san, I’m sure there is more to the story. Please post a P-Town Weekly blog response to defend your honor. Your town is reading.

  14. This is the type of news your very smart attorney releases on a Friday afternoon so that the news agencies talk about it and forget about it by Monday when everyone is back paying attention. What is sad is that Mary Hayashi was a consumer’s advocate for better health care and especially those with mental illnesses. To have her own attorney use such a ridiculous excuse for her well-planned shoplifting spree is shameful (committed Sunday morning at an expensive store about 1-1/2 hrs from home). She was arrested soon after noon but had been in the store for a few hours. Since she is still as Assemblyperson, she should now advocate for all those with mental illnesses who committed crimes to be set free from prisons and jails around the state, and have their records cleared with just a misdemeanor showing. If a benign brain tumor (what part of brain?) is an excuse for a felony then a well-documented case of mental illness surely is a stronger excuse. Get to work, Ms. Hayashi. If not, resign immediately or release your complete medical records. I will be writing the Governor on this and I hope you do, too.

  15. The slap on the wrist is not a surprise, being that she’s part of the Dem elite and her husband is a judge. Nor is it surprising that cholo would be ok with a convicted thief, who is supposed to be a role model for her constituents, continuing to take payments from tax payers to ‘represent’ us.
    What is surprising is the use of a serious (unconfirmed) medical condition as an excuse to keep her job (as though she’s fit-what’s next, embezzlement?). This woman is a selfish ”b” and should be relieved of her duty and the reelection funds immediately.

  16. Hayashi is an elected official, she is paid to help make decisions for and represent the larger population. I am in no way suggesting she be a saint, however in my view she should be held to the highest standards.

    Since the court did not do their job in this matter, Hayashi should show some responsibility and instead of making excuses just make it right. In my opinion that would be a sincere apology taking complete responsibility for her conscious decision to take the merchandise. She should also volunteer some time to do the community service that should have been sentenced to.

    If she can not take responsibility for herself how can we trust her to be responsible for our interests?

  17. If we want her out, I think there is a mechanism to remove her but that takes effort such as a recall. But that takes time and all people do these days is bitch about things. They do not get involved because “involvement” takes “time” and effort. A brain tumor, wow! What a sham! She is dispicable in so many ways.

  18. Another example of a wealthy, powerful person feigning illness to avoid prosecution. What a coincidence that this is a benign tumor that may not require surgery. From someone who does the bidding of the CA Nurses Association. Funny how she had the cognitive skills to plan the crime (bring a store bag ahead of time, take it into the dressing room, conceal the merchandise) yet the tumor impedes her ability to think. A brain tumor endears public sympathy and by avoiding a felony conviction she is free to continue her pursuit of “public service.”

  19. Why is anyone surprised at the court’s decision? Her husband’s colleague made the decision, and in politics there is a constant “sharing the wealth.” And we, the irate citizens, can’t do a darn thing about it.

  20. I’m amazed at the numbers of Americans who do not respect the decision(s) of the court?

    Don’t re-elect her. oh I forgot, citizens must care enuf about voting to re-elect somebody!

    tee hee hee, tee hee hee…

    mary and her attorney used the court appropriately. ya’ll got outslicked!!!

  21. justice has indeed been served…perhaps you un-happy voters need to mobilize and not re-elect ms. mary…but as i noted, justice has been served and ya’ll got out-slicked!

    since most Americans don’t vote, it allows certain candidates to sneak in the back door…don’t come whineing to me about it…ya’ll got waaaaaaaaaaay outslicked! even if ms. mary is a thief, she is FREE!

    i rest my case…

  22. I received something from her office in the mail today about how to spot scams. Oh the irony!

    I’m going to write “please return this to the thief that sent it” across the brochure with a sharpie and drop it in the mail box. I urge you to do the same.

  23. Article in cocotimes. Using brain tumor as excuse. MY ! if she has a brain tumor, she can’t go to our legislature to control our lives.
    I would say she’s HISTORY ! ! I can just hear Flip Wilson saying the tumor made me do it ! the tumor made me do it ! ! ! Oh PLEEEZZZEE !
    Like the ebay thiefs….go to their homes and see the hot loot ! ! !

  24. I just got something in the mail from Hayashi: a seminar against consumer fraud! What a hypocrite! SHe needs to step down, immediately. Her shoplifting spree cannot be justified, and that brain tumor nonsense is just that: nonsense.

    I sent a letter and an email to her office, requesting that she steps down. Of course it will not do any good but at least I did what I thought was necessary. Hopefully others will do the same and request her resignation in writing.

  25. Aah, the old I’ve-got-a-brain-tumor excuse. It brings back memories….

    Little Oak Hill Sammy’s Mom: “Sammy! Did you put some bubble gum in your little sister’s hair?!”

    Oak Hill Sammy: “Mom, it wasn’t my fault! A brain tumor made me do it!”

    Oak Hill Sammy’s Mom: “A brain tumor? Well, I guess that means that you’re so sick that you can’t have dessert tonight.”

    Oak Hill Sammy: “Wha..!? Oh, Mom! My brain tumor is gone! I’m OK again!”

    Oak Hill Sammy’s Mom: “Well, good. By the way, did you finish your homework?”

    Oak Hill Sammy: “Oh, oh. I think my brain tumor is back.”

  26. I hope some won’t be offended by this post. And those that agree, PLEASE pass this along to as many people as possible.

    Any letters sent to her office for her to resign will be opened and promptly fed to the shredder by her staffers. She probably won’t see a single one. Therefore, please send them to her house where there won’t be a tax payer funded staffer (okay, I hope not anyway) to keep this from being seen by her personally. I obtained this information through public records so there is nothing confidential about this information.

    Mary Hayashi
    18410 Buren Place
    Castro Valley, CA 94552-5276

    Please repost as you will and forward along. Let’s get a major letter writing campaign going. If she can mail her “consumer protection” garbage to my house, I can mail my “resign now” letter to hers.

    I have a bad memory, but this I will not forget and I’m offended enough by this that my behind will picket and pass out flyers or her mug shot and on and on an on. Heck, I’ll turn it into a political science lesson for my kids and make it a learning experience.

  27. A word of caution to Mary and others: When you start posting the personal addresses of people for the purpose of protest or harassment, you’re crossing the line into “cyberstalking”. And, yes, California does have laws against stalking. The Pleasnton Weekly acted appropriately in removing that information. If you have a protest letter, send it to Mary Hayashi’s official office address.

  28. California Government Code Section 6254.21, listed partially below:

    6254.21. (a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the internet without first obtaining the written permission of that individual. (b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official’s residing spouse or child, on the Internet knowing that person is an elected or appointed official and
    intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor. A violation of this subdivision that leads to the bodily injury of the official, or his or her residing spouse or child, is a misdemeanor or a felony.

    A larger portion of the Code is listed on a form here: https://docs.google.com/viewer?a=v&q=cache:bj0kUaMbCGoJ:online.wsj.com/public/resources/documents/Califpublicofficialsform.pdf+must+california+elected+officials+post+a+home+address&hl=en&gl=us&pid=bl&srcid=ADGEESiPC2dVr1aEVCVYP3CgcD_AYy-QD8JCIc05bjOQ2sMoCjU5VA4kLijhrCQ47kJhIbpsn9IcJ6LmaY5UlL6KHu-3jdXkqSpN75ohnZw_XNiuhDk_n-CLHR7y06kD8Xio2IbGP-ln&sig=AHIEtbSsvrp49GtrcSQcoaeGCVw7PmXYog

    Just easier to use Hayashi’s official site. I have been told that staffs generally tally the comments. If nothing else, the assemblywoman will be aware.

  29. Everyone, make a note. Mary Hayashi will probably not hold a public “Town Hall” meeting any time soon.

    But keep this disgusting incident in mind. Next time she holds a public meeting where any member of the public is allowed to ask questions, ask her about this bogus claim of a brain tumor causing the behavior.
    Do not be afraid of being impolite or the fact that some old ninnys in the crowd will not like it.
    She has said only TWO words in public. “NO CONTEST”

    IF she now claims that is old news and says she has said all she is going to say about it, remind her that she has said NOTHING except “no contest”.

    If you see another resident asking questions and getting shut down, stand up and support them. Do it vocally. Stand up and immediately support their stance and questions. Do not leave them standing there alone. Do not pay attention to anyone who says to sit down and NOT to ask embarassing questions.

    Stand up for our rights. The right to question our elected representative about their admitted criminal behavior, of stealing $2,500 of merchandise.

    The PR spokesman she immediately hired was Sam Singer.
    His own company website calls brags that the San Jose Mercury News called him the “The Fixer”…
    He says the San Francisco Chronicle called him a “Top Gun for Hire”..

    Lets make sure he hasn’t “fixed” this thing so that it will fade away.
    If she can hire “The Fixer” to dupe the public, then we, the people can sure as Hell ask her any darn question we want in a public meeting.

    Stand up. Be heard. No question is more embarassing than Mary’s own behavior. A highly paid public official stealing leather pants.

    Good God, what has our nation come to if we are willing to take this and fail to speak out publicly?

  30. So wait, if I commit a crime and am found guilty my address is fair game. But if someone like hayashi commits a crime and please guilty/no contest, she is protected? Huh? And I don’t think anyone said to physically harm this lady or threaten her. I think the intent was to professionally request her resignation. Big difference in my book. I wil look up her address myself and mail my letter to her. Just more proof of two systems of justice. She’s protected, yet people like me are not. SMH.

  31. Pleasanton Weekly Staff: Please do investigative work on Assemblywoman Hayashi’s retirement pension as far as resignation is concerned. If she resigns, is her pension affected? Did she pay Neiman Marcus the $2500 for the items she supposedly was purchasing? Trying to figure out why the Speaker of the Assembly, John Perez, is defending her. At least he was last week…this week he may be getting so many calls that he will ask her to resign. John Perez’s phone number is 916-319-2046. I’m also contacting KTVU Channel 2 at (510) 834-1212 and request that they follow up on this story for the constituents of the area.

    Ms. Hayashi’s crime and subsequent excuses showed poor judgment, and possibly a cry for help. However, her current “no contest” plea and excuse of a brain tumor is not the behavior we want from our representative. She would have had sympathy if she had apologized for her behavior and said she was seeking help.

  32. Both Mary and her husband the judge should resign for showing such poor judgement. All honest legislators she denounce her pitiful excuses and deplorable behavior.

    The legislative elite make their own rules. How sad.

    The news media should be all over this travisty of justice. So should the 99%!

  33. This is an insult to anyone who actually has a brain tumor. I am sickened and disgusted by this latest update. I can’t believe this person didn’t have to do anything but pay a measly fine. Are you kidding me? That is pocket change for her. Absolutely ridiculous!!! And to use a brain tumor as an excuse? Seriously just horrid.

  34. If Hayashi does not have the honor, character, and integrity to resign, then we simply vote her out of office at the next election.

    Anyone who runs for election against Hayashi at the next election could easily publicize the information about Hayashi that is now in the public record. If Hayashi wants to remain in office and endure that public humiliation, that is up to her. Even if she stays in office and endures that public humiliation, she still isn’t going to get re-elected.

  35. I just called Hayashi’s office in hayward
    (510) 583-8818

    and the woman who answered was nasty and defended Hayashi, said it was all a misunderstanding, that she never said that a brain tumor made her do it, blah blah. SO I called her office in Sacramento

    (916) 319-2018

    and was able to talk to someone who was a little nicer and repeated my concern to her. I know this will not make Hayashi step down, but she needs to hear that her constituents are not OK with her shoplifting, with how she got away with it and with how she is using a brain tumor as an excuse.

    I urge everyone to call and let them know you would like for Hayashi to step down and that you do not agree with how she stole, got away with it and is saying a brain tumor made her have poor judment at the time.

    I also called the office of John Perez 916-319-2046 and told them he should not support a thief and liar

  36. C’mon, shoplighting leather pants at Neiman Marcus? And she is WEALTHY. I have read about homeless people who shoplight a bar of soap and get thrown in jail for 3 or 4 months because they can afford the bail money.
    CHOLO, there is no respect for the legal system when it has been made into a mockery

  37. My neighbor called the democratic party in CA

    916-442-5707

    and I did the same.

    My neighbor and I told them how the democrats go around saying that republicans are corrupt, etc, and here we have a democrat who stole and got away with it because of her connections (judge husband, John Perez support)

    In an election year where democrats are not that popular, this is simply not a good thing for the democratic party

    Not that it accomplished anything in reality, but the person who answered was very nice and seemed in agreement that what Hayashi did was not good and said she would passed on the message to someone higher up

  38. There is speculation that excessive use of cell phones can cause brain damage, If Hayashi had a good lawyer he would have filed suit against the manufacturer of the Cell Phone that may have caused her medical problem. How come they didn’t think of that one. By the way were the leather goods in her corect size? I bet she didn’t forget to check that.

  39. Either this woman is a kleptomaniac or else she has a medical condition that clouds her judgement. In either case she should not represent the people of California.

    Her husband is not much better. As soon as he knew that his wife suffered either from a mental or medical condition that impaired her judgement, he should have been the first one calling the ethics committee to report her condition. He took an oath to protect the constitution of the US and California. If his wife cannot assume the responsibilities that her electorate expects of her, he needed to provide this information as soon as possible to the house speaker.

    This is a perfect example of Chicago style politics. You would think that everyone in the democratic or republican parties have diplomatic immunity.

  40. On one hand we have her lawyer, Douglas Rappaport, saying the following…

    “the medical condition contributed to her actions, there is no other reason she would have taken the merchandise”

    Then we have her hired PR crisis manager, the famous Sam Singer, saying the following, in a e-mail to Vic Lee, reporter for KGO-7, as reported Friday evening.

    (regarding the brain tumor) “It did not play a role in her forgetfulness and distraction in accidentally walking out”

    The we have, as quoted in the Pleasanton Weekly, above,
    ——————————————————-
    The information about the tumor was “recently” presented to prosecutors, he said.
    ——————————————————-

    Recently presented to the prosecutors… OK

    Here is what the prosecutors say.
    Yes, they were told about such a “brain tumor” but despite repeated requests for any factual or written information, medical or otherwise, they were NEVER given anything other than what Hayashi’s lawyer told them.
    No medical files, no expert letters, nothing at all to back up the assertion that there may be a benign brain tumor or that such a brain tumor did or could even possibly have anything do do with Mary Hayashi’s illegal crime.

    As such, the court and the prosecutors did not rely on ANY information at all related to the supposed brain tumor.

    No one even knows if it exists, let alone be the 1 in 1,000 that might make a person drive 35 miles and shoplift a $2,450 outfit.

    So Mary and her lawyer just tossed the “brain tumor” theory out there, on a Friday afternoon, knowing he press would make that the headline, even though there is NOTHING on the record to back it up.

    You know, if you go to the website for her “crisis manager” Sam Singer, (singersf.com) you can see where he touts his reputation.

    Here is what he says on his web site.

    “In 2008, San Singer has been dubbed “The Fixer” by the San Jose Mercury News”

    Folks, The Fixer, and the lawyer have orchestrated this whole thing from the very first day. It was not by chance that they got the court date for a Friday afternoon. Thats where you try to hide all bad news.

    As for Mary, she is silent. Silent Mary, your representative.

    Two words in the last three months from Mary. “NO CONTEST” (I’m guilty)

  41. Apparently she brought an empty NM shopping bag from home and placed the new clothes in that bag. Very fishy, especially in light of the news that Neiman Marcus was watching her during that shopping trip. (suspicion, because a dress had disappeared after one of her prior shopping trips)

    Regarding her sentence –

    – 3 years of probation is, IMO, better than time in jail, because no tax dollars would be spent on keeping her in jail.

    – And how about the clause – “ordered to stay 50 feet away from that Neiman Marcus store” ? They should have ordered her to shop only at thrift stores, and do community service there as well.

    – Lastly, I wonder if the law provides any guidance on the monetary fine imposed in these situations. She got a pretty small one, compared to her spending habits.

    I think she should resign now and work on rebuilding her credentials before seeking any other elected office. I’m guessing that the conviction does not, legally, result in disqualification from holding the Assembly seat.

  42. Folks, the latest insult to the voters in Mary Hayashi’s district.

    As follows, a new apology from Mary.
    I don’t have the entire statement yet, but this part from the LA Times.

    “Losing track of how fast you are driving is no excuse for speeding. And losing track of clothing I was purchasing is no excuse for walking out of a store without paying.”
    “I accept responsibility and I offer apologies, not excuses.”

    I see, finding yourself driving 5 to 10 miles per hour over the speed limit is essentially the same as walking out of a store with $2,500 worth of merchandise.

    Why yes Mary, that seems like two things we ALL do every few months.

    I love the part where she says, “I offer apologies, not excuses”

    You mean like, cell phone texting/calling, brain tumors, was just going to return when they (security) stopped me….

    Or are all those “excuses” now non-operational?
    Instead, a felony arrest for shoplifting is now the same as driving 70 in a 65 zone.

    Mary thinks he citizens of Pleasanton have IQ’s below 80

    Wait! More fun from Mary arrived in the mail this afternoon.

    A mailer titled “Senior Scam Stopper”

    It reads “Learn from the experts how to empower yourself against scams”
    “Please join Assemblymember Mary Hayashi for two FREE Consumer Protection Seminars”

    Folks, you can’t make this stuff up… The woman is AMAZING

  43. This is getting to look like another “Weiner Gate” getting worse each day. Mary Hayashi released a statement to the Sacramento Bee this afternoon. Does she know her constituents live in the East Bay, not Sacramento? How about if she calls the local newspapers in the East Bay and provides information to them instead of having her attorney write and release a statement on her behalf? If she doesn’t resign this week, there will be picketing at her Hayward and Sacramento offices with media notified. I am a Democrat and sad to say she is in public office as one.

  44. Call media outlets asking if they are covering this story today. I have not heard one of her constituents, Democrat or Republican, support her remaining in office.

    KTVU Channel 2: 510-834-1212
    KRON4: 415-441-4444
    CNN: 404-827-1500

    Also, contact Speaker of the Assembly, John Perez’s office AGAIN at 916-319-2046.

  45. From the Sacramento bee:

    “Assembly Speaker John A. Perez , through spokeswoman Robin Swanson, said that Hayashi has provided assurance that she is medically cleared to continue serving in the Capitol. She has taken responsibility for her actions and the Speaker’s Office considers the matter closed, Swanson said.”

    http://blogs.sacbee.com/capitolalertlatest/2012/01/hayashi-apologizes-for-shoplifting—-but-mum-on-what-caused-it.html

  46. I have found it interesting that if you do not live in a state/federal official’s district (either side of the aisle), many (all?) will not allow “outsiders” to submit comments to them on line. If they are voting on areas or have an influence on subjects that will impact all of us, then they should be accepting those comments regardless of how they are submitted.

  47. Mary Hayashi was convicted with a misdemeanor. Appears that no one is going to request any resignation or sanctions because there are a few Republicans with DUIs that are also misdemeanors. That leaves the constituents with a lot of people that need to be voted out of office (since Mary Hayashi has reached term limits, she will probably run for State Senator in the next election with her current $800,000 campaign funds).

    Assembly rules do not say what happens if a lawmaker is convicted of a misdemeanor, though someone could file a complaint with the Assembly’s Special Committee on Legislative Ethics that might prompt unspecified sanctions. You can reach John with the Assembly Rules Committee at (916) 319-2800 if you want to ask questions.

  48. No wonder Mary Hayashi quickly came out with her qualified apology on Monday, where she partially throws her brain tumor overboard as the main reason for her crime.

    She may have gotten wind of the article that the Sacramento Bee was going to publish Tuesday, where they talked to medical experts, including those at the UC Davis medical school.

    Take a look at the opinion of medical experts as to whether Hayashi’s type of purported tumor had even a tiny chance of making her shoplift.

    http://www.sacbee.com/2012/01/10/4175432/assemblywoman-mary-hayashis-shoplifting.html

  49. Hayashi is corrupt and a liar, but so are the people behind her getting a sweet deal. The article says that because the charge was no longer a felony but a misdemeanor, she could continue as her role in the legislature.

    So her husband, their friends, Perez, all are part of the problem: justifying the lies and theft of this woman and supporting her so she can continue her “work”

    She will not resign, but I hope people send a loud message by not voting for her again, by not voting for Perez again.

  50. Just a thought… from reading Mary’s past history, not feeling appreciated, made for some lonely times. And although she, apparently never a victim herself, was inspired to serve those in need. Perhaps now… becoming a victim herself, for the first time, will provide her a sense of reality so desparately needed. To kick her ass out politics now… most of us know that we have a defective democratic system… could provide stability for future. Many of you will say, huh? For you I respond, what did you do today that made the world better? Would I like to interview her…? Your damn right I would… just not from the Republican/Democrat point of view.

  51. Pete, You state the following,

    “Perhaps now… becoming a victim herself, for the first time”

    Could you elaborate on how Mary is a “victim”.

    A victim of who or what?

  52. Great question… maybe my terminology of the word “victim” doesn’t fit anothers mindset, for that I apologize. That said…her misfortune as a child, losing her older sister to suicide…can create that persons wellbeing as becoming a victim, a misfortune… whatever you may call it. When opportunity knocked, Mary embraced our American dream the best she could… learning english,breaking away from her own traditional culture at such a young age and applying those gifts of responsibility and flexibility that many of us lack. “Could you elaborate on how Mary is a “victim”? A victim of success, used by others and now only a statistic. The most creative people I know are somewhat childlike. Does she deserve to be elected to a higher office? It wouldn’t be for the lack of intellect… only for the lack of judgement. Does this form of judgement carry over into our next generation of leaders? Can she speak for herself? I think she can. If not…

  53. Pete, Many people rise above the challenges life puts in their paths. I would speculate few who have made that effort then believe any crime is an acceptable act. We already know Hayashi was under suspicion for a previous “missing dress”; seems it is likely this is not a a sudden new behavior either. It is simply inexcusable (an unlawful) for anyone, but particularly if one has chosen to live a very public life as an elected official. Like all the recent examples of elected officials who had a “momentary lack of judgment,” it could be they would not have made it into office if we had known of these lapses prior to any of them being elected.

  54. Not arguing with you Kathleen. Your battle tested on this forum.” We” as in missing dress is not everyday general public knowledge. Your assuming your audience is as informed as you. Wouldn’t my last statement solve all our problems? It wouldn’t. I respect your point of view. Refrain from thinking that we, as in you and me, are that far apart in thinking. We present it differently.

  55. Pete, If you haven’t read this news story (see web link below) about Mary Hayashi’s “erratic” behavior and “being on edge”, and other less-than-positive comments about her work ethic and style, you should. Her erratic behavior matched up with her mug shot the day she was arrested after shoplifting is very typical of someone in a manic state with bipolar disorder. Has anyone heard an explanation of why she looked the way she did in her mug shot?

    She should resign and take care of her personal issues. A misdemeanor of shoplifting on her record would prevent her from being hired at Neiman Marcus because they do background checks like most major employers. We have lower standards in our California Assembly.
    Mercury News Story 11-18-88 Web Link: http://www.mercurynews.com/california-budget/ci_19368457

  56. Pete, one wonders what kind of analysis you put into your judgement.

    I ask, “Could you elaborate on how Mary is a “victim”?

    You respond that she is “A victim of success, used by others and now only a statistic”

    A new category of victim-hood I had not previously imagined.

    Pete, that is so off-the-wall, I hardly know how to respond.

    Especially interesting is your suggestion that she was “used by others”
    I’m thinking a large portion of the people who have dealt with her have exactly the opposite view.
    Take a look at this from the Contra Costa Times Nov. 18, 2011
    >>>>
    –Hayashi, who is midway through the last of her three Assembly terms, has been through five chiefs of staff in five years, and many other staffers are long gone.

    –Legislative staffers and lawmakers describe Hayashi as power-hungry and sometimes on edge. They say she used her position as chairwoman of the Business, Professions and Consumer Protection Committee to rule with a heavy hand.

    –“She runs roughshod over people and doesn’t think much of it,” said one legislative staff member, who asked not to be identified for fear of professional retribution.
    >>>>

    “used by others”? A rather amazing conclusion you have put forth.

    She really thinks people are going to minimize this arrest, plea, and probation, as well as the insult to the citizens of her district.

    Everything she is doing seems calculated to soften the reality.
    Its not by chance that only 3 days after her attorney dropped the “brain tumor” bombshell as the reason for her actions, that the negative reactions of the public forced her to partially retract that by Monday.

    We are now left with 1. two cell phones, 2. “absentminded error”, 3. “My medical condition may have complicated the situation”, 4. “losing track of clothing I was purchasing”

    Take your pick. At least she hasn’t added in “A victim of success”.

  57. I bet I’m the only Republican who supports Mary Hayashi solely because her office effectively supports her constituents.

    Look – prettymuch all politicians – both Republican and Democrat are morally bankrupt or have moral misgivings on some level – our political system attracts those type of people; and once elected, our pay-for-pay political system reinforces this behavior – much like incarceration teaches felons new skills in law-breaking.

    Most all of California is Democrat – so it’s a given Mary’s seat will be occupied by a Democrat – so there’s really no hope that her district will ever have someone who is pro-public education, pro-taxpayor and who will stand up to public employee unions.

    However, in my difficult dealings with different state entities, Mary’s staff quickly and cheerfully helped me and got results. They are good people who care. I didn’t even claim to be a supporter. This is what elected officials are supposed to do. I would rather have an effective yet morally bankrupt leader (e.g., Bill Clinton) who produces results than someone squeaky clean who is ineffective and apathetic.

    Those calling for Mrs. Hayashi to resign don’t realize that we could end up with someone far worse as a replacement.

  58. Frank, I understand we would likely get another Democrat, but that was never an issue for me. However, you indicate staff has always been helpful, not that Ms. Hayashi was helpful. Other coverage indicates that she has a high turnover in staff and that it’s because she is so difficult. Just want to be sure credit is given where it is due and that we are sensitive to the possibility that it has nothing at all to do with the assemblywoman. I know people in public service that show up every day, go above and beyond the call of duty, and have impossible bosses (not uncommon in any job, public or private).

  59. Kathleen – you’re absolutely right that Mary didn’t help me directly, and yes, I’ve heard that she’s known to have high turnover due to her demeanor. But again, I’m all about effectiveness. For instance, Steve Jobs was known for being a big jerk who berated employees – but look at the products he produced. I don’t care if the CEO of Research in Motion is a saint who employees love – I still wouldn’t want a Blackberry.

    Mary may be a meanie and now a crook; but if her office supports her constituents – she’s doing at least one thing right. I think that’s more than you can say for most politicians – especially in the liberal Bay Area that’s 80% Democrat in some districts – where just appearing on the ballot with a (D) by your name is all one has to do to get elected.

  60. Your assumption is that it is because of Hayashi that service is good. I would suggest that it is because there are good people doing their jobs despite Hayashi. Lose her and the good service continues.

    I didn’t know Steve Jobs; what I know indirectly is he had a lot of very talented people who worked well with him. And for all his apparent quirks, I haven’t heard about any premeditated stealing. He was a visionary, and I don’t see where Hayashi can hold a candle to him in that regard. Sent from my iPhone!

  61. Good God, has this nation really fallen so far that we now are willing to accept a criminal for our representative in the legislature.

    Imagine taking that concept to our young people and holding up Mary Hayashi as a acceptable form of behavior and a example of “leadership”.

    Some of you are sick. You have given up. You are the type of citizens who are quite willing to see the continued decline of our society.
    You are the type of people that make Mary Hayashi’s behavior almost normal. Go to the high schools of Pleasanton and Dublin, show the young men and women your comments.
    Then tell them we don’t want them to act like Mary, but if they perform well in the their job, or get good grades in school, well I guess a little felony shoplifting of $2,500 is acceptable.

    Take that concept to those young people. You invite a wonderful future in our society.

    You should be ashamed of printing such a trashy philosophy.
    Your attitude makes the Mary’s of this world continue with business as usual.

    Mary Hayashi would not be hired by Macys or Sears for even a Christmas job, yet you seem quite willing to keep her on as our “representative”… the person who “represents” us, our wants and our visions for California.

    Take a good look at your views about life and society, then tell me you want someone like Mary to represent your vision for California.

    Stand up before a assembly of middle school students and tell them that Mary Hayashi is a acceptable leader for them.
    Have you lost all sense of what a role model means?

    What sick commentary some of the last few entries have revealed about our society.
    Shameful, simply shameful.

  62. Whoever prints up some t-shirts with her mug shot and “Resign Now Mary” on them will sell hundreds at the Farmer’s Market. Give 10% of the proceeds to the Pleasanton Weekly Holiday Fund for 2012. This is a good fundraiser for the civics classes at the high schools. This is not a Democratic or Republican issue, but one of leadership in our State Assembly.

  63. Assembly District resident… it is sad what you assume about people. “What sick commentary some of the last few entries have revealed about our society.” Personally… your sick comment, lacks any independent form of thinking. You should call yourself “The Closer.” I will continue to respect your opinion!

  64. Interesting Pete,

    “personally…your sick comment, lacks any independent thinking”

    I see, that would suggest it is swayed or directed by a particular party, political philosophy, or group-think. Nothing that could come directly from a well meaning citizen who wants a better society.
    As though a normal thinking person can’t come to that conclusion independently.

    Does it really take a “independent thinker” to observe that the continued acceptance of a legislator who was arrested for felony shoplifting, and admitted her guilt, yet stays in office, shouts out loudly to our everyone in our society, especially the youth, that our standards of morality and proper behavior have fallen very far indeed?

    While I came to my conclusion alone, I hardly think I am alone in thinking about this. I would bet that most voters in Mary Hayashi’s district would welcome her resignation.

    Let me give you the recent polling from a similar story in the news from San Francisco.
    SF Sheriff Mirkarimi was just charged with 3 misdemeanors by the same DA who charged Mary Hayashi with felony shoplifting.

    Here is what the poll that CBS5 had conducted prior to the actual charges being filed and before he surrendered for booking.

    They first asked what should happen to Mirkarimi if he is charged with the crimes.

    46% said he should resign
    34% said he should take a leave of absence

    Then they asked what should happen to Mirkarimi if he is convicted.

    77% said he should resign.

    ONLY 9% said — he should remain in office

    —————————————————–
    The CBS 5 poll of 650 San Francisco adults was conducted by the firm SurveyUSA on Jan. 11th and 12th and has a margin of error of plus or minus 5.4%.
    ——————————————————

    In our local case, Mary Hayashi is essentially convicted (no contest)
    She gives out various excuses, says she is going to stay in office and has her PR hired gun announce he sees no reason why she shouldn’t continue her political career. Since she is termed out, that means she will continue on her path for the next job of state senator.

    I give you those polls, not because I rely on other citizens feeling one way or the other to form my opinions, but rather to show that the feelings of disgust are widespread in the public when it comes to public officials being found guilty of committing crimes while in office.

    What is really bizarre is to think that their staying in office is normal and beneficial for society.

    Perhaps you can spell out your reasoning how society is better off when we consider felony arrests and the like as something to be overlooked as a impediment to holding office.

    Perhaps the several teachers in the news, charged with having sex with their students, should be allowed to keep their jobs IF they are otherwise excellent instructors.
    What about that possibility?
    I suppose if I object to that, and say its sick, I lack independent thinking.

    I look forward to the new calls for Mary Hayashi to resign that will be coming forth soon.
    Do I expect her to quit? NO, she will hang on. She really thinks she is going to continue her political career.
    She should resign, pursue other activities, try to reconstruct her life and image, then perhaps in 5 or 10 years think about possibly running for another position if that is so important to her.

    Pete, I appreciate your participation here, even if I find your logic about Hayashi remaining office troubling.

    To me, it is just plain common sense that a elected official, arrested for felony shoplifting, then admitting guilt, would simply resign from office. Just as a teacher, found having sex with a student, would be removed from the classroom and fired.
    30 or 40 years ago, no one could imagine any other outcome.

    The state and the district will do just fine without Mary Hayashi.

  65. Assembly District resident, you actually may be worthy of defending myself with. I find that interesting. Your capacity to understand me, without knowing me, will probably never happen… and that’s ok. The differance from the very beginning is that my name is Pete…your Assembly District resident. When Kathleen speaks, there is referance. She doesn’t know me as well. Does that make sense?
    This one answer to the following question may assist you. “NO” Could I vote to have Assemblyperson Mary Hayashi become my Senator?
    By the way… I enjoy the way you write. In the not too distant future… many curent words will be considered to have new meaning…just not in your eyes. Again, everybody is different.
    Where do we agree? Well meaning citizen who wants a better society… I agree and believe you are. Enjoyed your statement about it with an addition…no American citizen today, is very far from being as informed as our highest elected official… through technology.
    Lets take your 2nd to last statement: “30 or 40 years ago, no one could imagine any other outcome.” I must be older than you. Then of course you know…that lobbyists have always been the third party. Always protecting what has already been legislated, was what my uncle use to tell me. 30/40 years ago, information technology of today would of exposed an amazing amount of information that would of denied hundreds…maybe thousands of past politicians to be elected.
    It is Friday night… one last comment. I do believe in second chances. Mary deserves a second chance… read what I said again and tell me where it says… as Senator. Take care Assembly District resident.

  66. Pete, thanks for participating.

    I read,
    “Does that make sense?”
    “By the way… I enjoy the way you write. In the not too distant future… many curent words will be considered to have new meaning…just not in your eyes. Again, everybody is different.”

    Yes Pete, everybody is different. Exchanges you may have in various comment forums would probably achieve much greater understanding if you’d simply say what you mean in a rather straight forward manner.
    I try to think about the reader when I post something, not expecting them to read between the lines for possible meaning.

    “It is Friday night… one last comment. I do believe in second chances. Mary deserves a second chance… read what I said again and tell me where it says… as Senator. Take care Assembly District resident.”

    Fine, I don’t want Mary sitting in prison. Neither do I want Mary sitting in our state capital, chairing a very important committee, and writing laws that the public is suppose to obey.

    For example, here is Mary’s latest bill. See what she is quoted as saying at the end

    “Assembly Member Mary Hayashi (D-Hayward) has introduced a bill to increase public awareness of and access to the required Statement of Economic Interests, also known as Form 700, filed by local elected officials. AB 1509 will…..
    ….stated Assembly Member Mary Hayashi. “This bill supports the intent of the Political Reform Act by ensuring that voters have access to these records, and reassures them that their representatives are performing their duties in an ethical manner.”

    Let me repeat that, “and reassures them that their representatives are performing their duties in an ethical manner.”

    Ethical manner…Yeah right Mary, you really set the tone for ethical behavior.

    Expect a significant editorial very soon. Read it, then come back and tell us what you think.

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