Wednesday, April 27, 2005
Copyright © Las Vegas Review-Journal

FINGER IN WENDY'S CHILI CASE: Ayala waives extradition

LV woman faces theft allegations in California

Anna Ayala attends her hearing Tuesday in Las Vegas Justice Court, where she agreed not to fight extradition to San Jose, Calif. Photo by Gary Thompson.

The Las Vegas woman accused of planting a severed finger in a bowl of chili agreed Tuesday not to fight extradition to California to face theft charges.

Appearing in front of nearly two dozen television crews and photographers, Anna Ayala, 39, bore a somber look during a hearing in front of Las Vegas Justice of the Peace Douglas Smith.

"I think she's humbled," said Ayala's local attorney, Lew Brandon Jr.

During the morning hearing, Ayala stood up and told the judge she did not want to fight extradition to San Jose, where she faces charges of attempted grand theft on the chili-finger planting allegations.

"I'm eager to go back," Ayala told the judge.

Ayala was at a Wendy's in San Jose on March 22 when she claimed she bit into a 1 1/2-inch fingertip that she spooned out of her chili. Ayala, who was visiting relatives in San Jose when the incident occurred, initially said she would pursue a lawsuit against the fast-food company. She later decided not to do so.

Suspicion soon mounted against Ayala when Wendy's determined the finger did not come from its suppliers or employees. Forensic testing showed the finger had not been in the chili for very long, seemingly contradicting Ayala's claim.

A test by the Santa Clara County coroner's office showed the finger had not been cooked at 170 degrees for three hours, standard preparation for Wendy's chili.

Ayala also has a history of filing lawsuits.

But where Ayala could have procured a finger to carry out the plan remained a mystery as of Tuesday, and her California attorney, Frederick Tait Ehler, disputed the charges against his client.

"Anna says they're ridiculous," he said, adding, "We are going to start our own investigation to see what we can find out."

Ehler also questioned why San Jose police joined with Wendy's last week to hold a news conference regarding Ayala's arrest at her Las Vegas home near Maryland Parkway and Serene Avenue.

"They are supposed to be an independent agency," Ehler said.

Ayala also is charged with grand theft amid allegations she scammed a woman out of $11,000 in a mobile home deal, then refused to return the woman's money.

Authorities have 30 days to pick up Ayala and return her to San Jose, but her attorneys suspect she'll probably be transported in a couple of days.