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Finger couple again declines to enter a plea
Defense suggests possibility of striking a deal; prosecutor declines
Alan Gathright, Chronicle Staff Writer
Wednesday, June 29, 2005
Once again, the Las Vegas couple accused of conspiring to plant a human finger in a bowl of Wendy's chili in what San Jose police called a failed extortion plot appeared in court today without entering a plea.
Anna Ayala, 39, and her husband Jaime Placencia, 43, remain jailed in Santa Clara County in lieu of $500,000 bail each, charged with conspiracy to file a false tainted-food claim and attempted grand theft.
Their attorneys have said the two are innocent, but during today's hearing Ayala's attorney, Rick Ehler, asked Judge Jerome Nadler to place the case on a settlement calendar — suggesting Ayala might be willing to entertain a plea bargain.
But prosecutor David Boyd opposed such a move, telling the court he would take the case to trial — unless the defendants want to plead guilty to the charges against them.
"We'd certainly be interested in the defendants' pleading as charged to all the counts," Boyd said. "I have nothing to offer them at this time. If they want to accept responsibility for their conduct, I'm fine with that."
Ehler responded, "I don't think that's reasonable."
Although Ayala and Placencia were to enter their pleas today, their attorneys sought a delay so they could review documents and other evidence recently provided by prosecutors. They also want to review the financial records of Wendy's International Inc.
Nadler ordered the two defendants to return to court July 28.
Ayala and Placencia appeared in court simultaneously, but remained on opposite sides of the courtroom. Ayala shielded her face from the cameras in the gallery. She tried to steal a glance at her husband as she was led from the courtroom, but her view was blocked by a deputy.
Ayala claimed to have chomped down on a 1½ inch long fingertip she found in a spoonful of chili while dining at a Wendy's in San Jose on March 22.
The bizarre tale cost the fast-food giant about $1 million a day as it saw sales plummet amid the wave of bad publicity, including being the punch line of jokes by late-night talk show hosts.
But the alleged plot to shake down Wendy's fell apart when police arrested Ayala on April 21. Forensic analysis of the finger showed it hadn't been cooked, proving it couldn't have come from the restaurant because Wendy's simmers its chili for hours and no one in the restaurant had lost a digit the day Ayala supposedly chomped down on one.
The story took an even odder turn when investigators said Placencia received the finger from Brian Paul Rossiter, who handed over the severed digit to settle a $50 debt.
Rossiter reportedly lost part of his finger when his gloved hand was caught in a mechanical truck lift in December at a Las Vegas paving firm where he worked with Placencia, his mother told The Chronicle last month.
Ayala has received some hate mail during her time in jail. Her attorney, Rick Ehler, said the tone of the six letters has ranged from "white supremacist" rants to a writer saying: "I hope you get the death penalty."
Ayala could faces a maximum of 10 years in prison if convicted on all counts.
Defense suggests possibility of striking a deal; prosecutor declines
Alan Gathright, Chronicle Staff Writer
Wednesday, June 29, 2005
Once again, the Las Vegas couple accused of conspiring to plant a human finger in a bowl of Wendy's chili in what San Jose police called a failed extortion plot appeared in court today without entering a plea.
Anna Ayala, 39, and her husband Jaime Placencia, 43, remain jailed in Santa Clara County in lieu of $500,000 bail each, charged with conspiracy to file a false tainted-food claim and attempted grand theft.
Their attorneys have said the two are innocent, but during today's hearing Ayala's attorney, Rick Ehler, asked Judge Jerome Nadler to place the case on a settlement calendar — suggesting Ayala might be willing to entertain a plea bargain.
But prosecutor David Boyd opposed such a move, telling the court he would take the case to trial — unless the defendants want to plead guilty to the charges against them.
"We'd certainly be interested in the defendants' pleading as charged to all the counts," Boyd said. "I have nothing to offer them at this time. If they want to accept responsibility for their conduct, I'm fine with that."
Ehler responded, "I don't think that's reasonable."
Although Ayala and Placencia were to enter their pleas today, their attorneys sought a delay so they could review documents and other evidence recently provided by prosecutors. They also want to review the financial records of Wendy's International Inc.
Nadler ordered the two defendants to return to court July 28.
Ayala and Placencia appeared in court simultaneously, but remained on opposite sides of the courtroom. Ayala shielded her face from the cameras in the gallery. She tried to steal a glance at her husband as she was led from the courtroom, but her view was blocked by a deputy.
Ayala claimed to have chomped down on a 1½ inch long fingertip she found in a spoonful of chili while dining at a Wendy's in San Jose on March 22.
The bizarre tale cost the fast-food giant about $1 million a day as it saw sales plummet amid the wave of bad publicity, including being the punch line of jokes by late-night talk show hosts.
But the alleged plot to shake down Wendy's fell apart when police arrested Ayala on April 21. Forensic analysis of the finger showed it hadn't been cooked, proving it couldn't have come from the restaurant because Wendy's simmers its chili for hours and no one in the restaurant had lost a digit the day Ayala supposedly chomped down on one.
The story took an even odder turn when investigators said Placencia received the finger from Brian Paul Rossiter, who handed over the severed digit to settle a $50 debt.
Rossiter reportedly lost part of his finger when his gloved hand was caught in a mechanical truck lift in December at a Las Vegas paving firm where he worked with Placencia, his mother told The Chronicle last month.
Ayala has received some hate mail during her time in jail. Her attorney, Rick Ehler, said the tone of the six letters has ranged from "white supremacist" rants to a writer saying: "I hope you get the death penalty."
Ayala could faces a maximum of 10 years in prison if convicted on all counts.
