Felony Theft

[ldiatone]

Originally Posted by Robert Fischer

"While my office does not have the authority to make the final decision in this case, I do feel confident that once all of the facts are relayed to the Prosciutto, Felony charges are unlikely.”

[mostpost]

Originally Posted by AndyC

As a jury isn't it their job to rule on the facts and not on the merits?

There is a legal tradition known as Jury Nullification in which a jury finds a defendant not guilty of a crime that defendant has clearly committed if they feel the law is unjust or the punishment does not fit the crime.


Some folks on here have suggested a plea bargain involving community service and restitution. That would be a possible solution.

On theRail posted this:
3-5 slices per day lets say average 4X260=1,040 lets say about 20 per lb that's 52lbs of ham in a years time or $363.48 @ $6.99 per pound.
That's $3271.32 over nine years which is considerably less than the $9020.00 claimed in the story. Maybe she added the occasional small salad and a cappuchino. (however you spell that.)

I apologize that I did not make clear that the store was not watching her for nine years. Apparently someone complained that she kept taking "samples" and claimed she had been doing so for a long time. The store then began surveilling her and turned her over to police. In my opinion they will have a tough time proving anything which happened before they started the surveillance.

Still, I think charging someone with a felony for something which is at best petty theft is ridiculous.


One more thing, I got this story off the radio and only heard it once. The details are as I remembered but may not be perfectly accurate.

[Tom]

Originally Posted by Show Me the Wire

Depends on the facts, e.g. customary perks of the job, lack of warnings to the employee, etc. but on face value I would not convict.

I would not only not convict, I would suggest the store owner be arrested and charged with felony assholiness. What the heck was that hump doing for 20 years?

The stupidity of some people never amazes me.

[OntheRail]

Originally Posted by mostpost

There is a legal tradition known as Jury Nullification in which a jury finds a defendant not guilty of a crime that defendant has clearly committed if they feel the law is unjust or the punishment does not fit the crime.


Some folks on here have suggested a plea bargain involving community service and restitution. That would be a possible solution.

On theRail posted this:
3-5 slices per day lets say average 4X260=1,040 lets say about 20 per lb that's 52lbs of ham in a years time or $363.48 @ $6.99 per pound.
That's $3271.32 over nine years which is considerably less than the $9020.00 claimed in the story. Maybe she added the occasional small salad and a cappuchino. (however you spell that.)

I apologize that I did not make clear that the store was not watching her for nine years. Apparently someone complained that she kept taking "samples" and claimed she had been doing so for a long time. The store then began surveilling her and turned her over to police. In my opinion they will have a tough time proving anything which happened before they started the surveillance.

Still, I think charging someone with a felony for something which is at best petty theft is ridiculous.


One more thing, I got this story off the radio and only heard it once. The details are as I remembered but may not be perfectly accurate.

I was basing it off a 5 day work week... and normal slices... maybe she was cutting them extra thick... anyways the whole thing is... if they did not warn her and just placed the cameras for a gotcha moment...then I hope this lady looks like Aunt Bee. And they have a PR back lash for acting like swine over its...

Edited to add you first post claimed 20 years so that is 7269.60 but if in fact it was everyday that would move the cost to a bit over 9400 at today's price.

[Show Me the Wire]

Originally Posted by mostpost

There is a legal tradition known as Jury Nullification in which a jury finds a defendant not guilty of a crime that defendant has clearly committed if they feel the law is unjust or the punishment does not fit the crime.


Some folks on here have suggested a plea bargain involving community service and restitution. That would be a possible solution.

On theRail posted this:
3-5 slices per day lets say average 4X260=1,040 lets say about 20 per lb that's 52lbs of ham in a years time or $363.48 @ $6.99 per pound.
That's $3271.32 over nine years which is considerably less than the $9020.00 claimed in the story. Maybe she added the occasional small salad and a cappuchino. (however you spell that.)

I apologize that I did not make clear that the store was not watching her for nine years. Apparently someone complained that she kept taking "samples" and claimed she had been doing so for a long time. The store then began surveilling her and turned her over to police. In my opinion they will have a tough time proving anything which happened before they started the surveillance.

Still, I think charging someone with a felony for something which is at best petty theft is ridiculous.


One more thing, I got this story off the radio and only heard it once. The details are as I remembered but may not be perfectly accurate.

The $9k is hyperbole to make the story. As pointed out most of the theft, if it is theft, would be covered by a statute of limitations barring prosecution. However, felony theft depending on the state could be for amounts as little as $300. Therefore, technically she could be prosecuted for felony theft during the surveillance period.

[Ocala Mike]

If it was Boar's Head and I were the defense, I'd go for mitigating circumstances. That stuff is primo!

Anyway, this case is a lot of baloney, so not guilty!

[AndyC]

Originally Posted by mostpost

There is a legal tradition known as Jury Nullification in which a jury finds a defendant not guilty of a crime that defendant has clearly committed if they feel the law is unjust or the punishment does not fit the crime.

I wouldn't exactly call it a tradition. Shouldn't the outcome best be handled in the sentencing phase?

[thaskalos]

Originally Posted by Tom

I would not only not convict, I would suggest the store owner be arrested and charged with felony assholiness. What the heck was that hump doing for 20 years?

The stupidity of some people never amazes me.

The voice of reason!

[sammy the sage]

Pretty damn obvious from all the comments that MOST of you have NEVER owned a business yourselves...that said...no way a conviction...just fire her with no unemployment claims possible...end of story...

[thaskalos]

Originally Posted by sammy the sage

Pretty damn obvious from all the comments that MOST of you have NEVER owned a business yourselves...that said...no way a conviction...just fire her with no unemployment claims possible...end of story...

Another great humanitarian.

[HalvOnHorseracing]

I'd say if it is just ham, the penalty should be light, but if there was bread, cheese, and mustard involved, that's a different story.

[thaskalos]

I picture a long-time grocery employee slicing cold-cuts in some deli for 8-10 hours a day...and then I see her put a single slice of salami in her mouth every 2 hours or so. And for that...I should accuse her of "grand theft", and drag her through the legal system? Wow...

[JustRalph]

If somebody works for me 20 years, there is no way I prosecute them. The amount of money made off her labor over those years would entitle her to eat a whole damn hog.......

[OntheRail]

Originally Posted by JustRalph

If somebody works for me 20 years, there is no way I prosecute them. The amount of money made off her labor over those years would entitle her to eat a whole damn hog.......

I agree... after 20 yrs most are heading into retirement .. If I owned it I would have a party and instead of a watch I'd give her a spiral cut ham.

[thaskalos]

True story:

A well known Chicago-area independent grocer, who owned and operated 3 large grocery stores, would often brag to the other grocery store operators -- myself included -- about what a hard-line owner he was...and how he would fire any of his employees who dared put even a single piece of fruit in their mouth without paying for it. Well...the cycle of fortune turned, as it sometimes does...and this "hard-line" owner was rendered completely broke and on the verge of homelessness...as a result of some misguided real-estate investments that he made. His desperate state led him to my own store...where he asked me for a job for him and his son. I told him that I would be glad to offer them work...as long as I never caught them putting anything in their mouth on the job without paying for it. He became red out of embarrassment...and confessed to me that he had been an asshole as a boss. "Yes", I told him. "But, isn't it strange that you had to go broke in order to realize that?".

I sincerely hope that the grocery store owner of this thread experiences the same turn of fortune.