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Accuser Held in Report of Finger in Chili

Wendy's is exonerated as customer is charged with attempted grand theft. But police say the origin of the severed digit is still a mystery.

April 23, 2005|Maria L. La Ganga and Ann M. Simmons, Times Staff Writers

SAN JOSE — A woman who said she found a human finger in her bowl of Wendy's chili has been arrested and charged with attempted grand theft, but police said Friday that the monthlong mystery surrounding the owner of the digit and how it cropped up in the chili remained unsolved.

Anna Ayala, 39, was taken into custody Thursday night at her Las Vegas home and held without bail at the Clark County Jail in Nevada, according to jailhouse records.


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For all the questions that remain, however, one thing is clear: The 35-year-old Wendy's chain founded by the avuncular Dave Thomas was exonerated Friday of responsibility for the incident, which repulsed many fast-food diners, slashed the company's sales and provided fodder for late-night comedians.

"If the incident did not occur as Anna Ayala explained it, and people suffered losses, it's a crime," San Jose Police Chief Rob Davis said at a news conference in front of the police administration building. "The truest victims in this case are the Wendy's owners, operators and employees here in San Jose."

Police said Ayala was arrested on two charges, only one of which -- attempted grand theft -- pertained to the finger investigation. That charge stemmed from the fact that Wendy's had lost millions of dollars in sales because of what police considered a hoax allegedly cooked up by Ayala.

The fast-food chain also faced losses from a claim Ayala filed against the restaurant's franchise owner, Fresno-based JEM Management Corp., police said. She later withdrew the claim.

The criminal complaint filed against Ayala by prosecutors said her actions cost Wendy's at least $2.5 million in lost business.

"She is accused of attempting to steal money from Wendy's and would steal that money through fraud," Assistant Dist. Atty. Karyn Sinunu said. "In the attempt to do that, she caused extensive damage to Wendy's."

Sales at some of the restaurant's outlets in Northern California are reported to be down as much as 50% since the finger incident, and many workers have been forced to work reduced hours as a result. Wendy's representatives said they were still trying to determine the extent of the losses, which extended to Las Vegas, where media attention has been intense.

In San Jose on Friday, nearly a dozen police officers and Wendy's executives faced 17 television cameras, five satellite trucks, four vans with telescoping towers for broadcasting live, and a phalanx of print journalists and photographers.

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