Arkan Posted January 18, 2006 Posted January 18, 2006 Is this excessive or just punishment? (Wendy's finger scandal) http://news.yahoo.com/s/nm/20060118/us_nm/...endys_finger_dc SAN JOSE, California (Reuters) - A California court sentenced a couple to nine years in prison on Wednesday for planting a severed human finger in a bowl of chili to swindle a Wendy's fast food restaurant. A judge in Santa Clara Superior Court sentenced Anna Ayala and her husband, Jaime Plascencia, to nine years imprisonment for their role in the Wendy's scam, which caused a sharp fall in sales at the third-largest U.S. burger chain. The husband was given another three years and four months for not paying support for the five children he has with another woman in an unrelated case, giving him a total sentence of 12 years, four months behind bars. Both received near the maximum possible punishment in their cases. "I am truly sorry. I owe Wendy's and its employees an apology," a sobbing Ayala told the court. "Wendy's had always been my family's favorite fast food restaurant." She called her actions "a moment of poor judgment," and told her family: "For all the shame I brought upon them I am sorry, I am so sorry." Ayala, 39, who had been a Las Vegas resident, had initially claimed that she discovered the finger after buying the bowl of chili last March. She hired a lawyer and complained publicly about the experience, attracting wide attention to the seemingly bizarre incident. Investigators later determined Plascencia obtained the piece of finger from a co-worker who had lost the top of a finger in an industrial accident at a Las Vegas paving company. The man had turned over the finger fragment to settle a $50 debt. "I am extremely remorseful," said Plascencia, 43, who, like his wife, wore prison garb to the hearing at which television cameras were permitted. Wendy's International, based in Dublin, Ohio, paid a $100,000 reward for information to help establish the source of the severed finger. Company officials said it took Wendy's months to recover from the bad publicity and lost millions of dollars in sales because of the incident. At one point it gave away free ice cream to try to lure customers back into its San Jose area restaurants. "Of course the people don't want war. But after all, it's the leaders of the country who determine the policy, and it's always a simple matter to drag the people along whether it's a democracy, a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked, and denounce the pacifists for lack of patriotism, and exposing the country to greater danger." - Herman Goering at the Nuremberg trials "I have also been slowly coming to the realisation that knowledge and happiness are not necessarily coincident, and quite often mutually exclusive" - meta
Judge Hades Posted January 18, 2006 Posted January 18, 2006 No, I don't think so. What would be excessive punishment would be if they had to pay Wendy's all that money they lost due to lack of business. Also if any employees were fired or laid off because odf that incident they should be able to sue the couple and pay for restitution. They got off light because they will be outon the street in a year on parole.
LadyCrimson Posted January 18, 2006 Posted January 18, 2006 To me it depends on the prison. Something akin to the soft-place Martha Stewart went to...justice. Something akin to San Quentin...excessive. I mean, it's not they killed anyone for that finger. And since I doubt they could afford to pay the millions Wendy's might be able to win a suit against them, loss of freedom ala Stewart seems equitable. “Things are as they are. Looking out into the universe at night, we make no comparisons between right and wrong stars, nor between well and badly arranged constellations.” – Alan Watts
Judge Hades Posted January 18, 2006 Posted January 18, 2006 Wendy's could have them garnish any future wages til the debt is paid or make them work for Wendy's in some manner til the debt is cleared.
Surreptishus Posted January 18, 2006 Posted January 18, 2006 They attempted to fraudelent get compensation from wendy's, they made a false claim about wendy's thus costing the company business. So attempted robbery and slander.
Skynet Posted January 18, 2006 Posted January 18, 2006 I have no pity for people such as those two. In their selfish attempt to make some money, they severely damaged the reputation of a food chain that was innocent of the charges. "Who could blame Skynet? He's such a cute, innocent, steel-bolted robot." -Gauntlet
LadyCrimson Posted January 18, 2006 Posted January 18, 2006 True enough, skynet...but I don't think that means that they should be thrown into a jail full of hardcore murderers, rapists, and whatnot. “Things are as they are. Looking out into the universe at night, we make no comparisons between right and wrong stars, nor between well and badly arranged constellations.” – Alan Watts
Judge Hades Posted January 18, 2006 Posted January 18, 2006 In prisons, at least the ones here in Iowa, they have different wings/blocks. Violent offenders such as you describe Lady Crimson have their own wing while non-violent prisoners do their time in another. Only they mingle is during meal time and recess.
LadyCrimson Posted January 18, 2006 Posted January 18, 2006 Mmm....I'm sure we have some of those here too...but we also have completely seperated white collar and 'hardcore/deathrow' type places. At least, last I knew. I don't keep up on prison updates very often. :D “Things are as they are. Looking out into the universe at night, we make no comparisons between right and wrong stars, nor between well and badly arranged constellations.” – Alan Watts
moreKOTORplz Posted January 18, 2006 Posted January 18, 2006 "Wendy's had always been my family's favorite fast food restaurant." Wendy's statement* rot in hell
Judge Hades Posted January 18, 2006 Posted January 18, 2006 Hey, don't send them to Iowa. Let California keep them.
Surreptishus Posted January 18, 2006 Posted January 18, 2006 (edited) Send them to hades' house and force them to listen to one of his rants. Edited January 18, 2006 by Surreptishus
Judge Hades Posted January 18, 2006 Posted January 18, 2006 That is what I got my gaming group for. :D
LadyCrimson Posted January 18, 2006 Posted January 18, 2006 Send them to hades's house and force them to listen to one of his rants. That would fall under 'excessive'.... “Things are as they are. Looking out into the universe at night, we make no comparisons between right and wrong stars, nor between well and badly arranged constellations.” – Alan Watts
Judge Hades Posted January 18, 2006 Posted January 18, 2006 Hey, I haven't made a rant thread this year so far. Keep your fingers cross.
LadyCrimson Posted January 18, 2006 Posted January 18, 2006 The suspense is making me antsy. Oh, and the article up there says the finger belonged to a co-worker, tho it doesn't name names. “Things are as they are. Looking out into the universe at night, we make no comparisons between right and wrong stars, nor between well and badly arranged constellations.” – Alan Watts
~Di Posted January 18, 2006 Posted January 18, 2006 I do not believe it's at all excessive. Because of this fraud, dozens of Wendy's employees lost their jobs. As for the comment that it wasn't like they "killed anyone", good grief. If they had killed someone and been sentenced only to 9 and 12 years respectively I'd have been outraged. This was a premeditated fraud by a couple who have a history of such behavior, a fraud that injured dozens of innocent people. Since these two will probably be out on parole within 3-5 years, I don't believe the sentence is nearly stiff enough, to tell the truth.
moreKOTORplz Posted January 18, 2006 Posted January 18, 2006 don't send them to iowa that would double their hispanic population
kirottu Posted January 18, 2006 Posted January 18, 2006 This post is not to be enjoyed, discussed, or referenced on company time.
LadyCrimson Posted January 18, 2006 Posted January 18, 2006 As for the comment that it wasn't like they "killed anyone", good grief. If they had killed someone and been sentenced only to 9 and 12 years respectively I'd have been outraged. Uh...I think you misunderstood the thrust of my comment. I was saying that because they hadn't done what I consider to be an excessively 'hienous' crime such as murder etc. that I would consider them having to do their time in a hardcore prison excessive - not the amount of time of the sentence itself. “Things are as they are. Looking out into the universe at night, we make no comparisons between right and wrong stars, nor between well and badly arranged constellations.” – Alan Watts
thepixiesrock Posted January 18, 2006 Posted January 18, 2006 don't send them to iowa that would double their hispanic population <{POST_SNAPBACK}> ... Lou Gutman, P.I.- It's like I'm not even trying anymore!http://theatomicdanger.iforumer.com/index....theatomicdangerOne billion b-balls dribbling simultaneously throughout the galaxy. One trillion b-balls being slam dunked through a hoop throughout the galaxy. I can feel every single b-ball that has ever existed at my fingertips. I can feel their collective knowledge channeling through my viens. Every jumpshot, every rebound and three-pointer, every layup, dunk, and free throw. I am there.
Gabrielle Posted January 18, 2006 Posted January 18, 2006 I think they should be punished by eating chili that is infested with maggots. I hate people and lawsuits. Escpecially false lawsuites. And you wonder why things cost so much these days? Because we get trash like this, and we the public have to pay for it.
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