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Police Call Wendy's Chili Finger Case A Hoax

POSTED: 3:34 pm PDT April 21, 2005
UPDATED: 8:40 am PDT April 24, 2005

Police investigating how a human finger ended up in a bowl of Wendy's chili said Friday the claim appears to be a hoax.

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"Indeed, what we have found is that thus far our evidence suggests the truest victims in this case are indeed the Wendy's owner, operators and employees here in San Jose," San Jose Police Chief Rob Davis said.

Wendy's losses exceed $2.5 million, according to the criminal complaint against Anna Ayala, who was arrested at her suburban Las Vegas home Thursday night.

Ayala claimed that she bit down on a 11/2 inch-long finger fragment while dining March 22 with her family at a San Jose Wendy's and has denied placing the digit in her bowl.

When asked whether police considered Ayala's claim a hoax, David Keneller, captain of the police department's investigations bureau, said yes.

Ayala, 39, was sitting in a cell at the Clark County jail in Las Vegas as San Jose police held their news conference. Their warrant for her arrest alleges one count related to the Wendy's claim -- attempted grand theft because of the financial loss to the fast-food chain -- and one count that is unrelated, grand theft of personal property.

Davis would not answer specific questions about the basis for Ayala's arrest or the evidence against her.

"There are individuals who have more information about this at various locations around the country," he said.

A family friend who lives in Ayala's two-story home said he thought police were trying to pressure Ayala with the arrest.

"You know what they're trying to do?" Ken Bono, 24, said, making a motion as if he were breaking a stick with his hands. "How is she a fugitive when she's been out here for four years? She didn't run from anything."

The criminal complaint sheds more light on the incident at the San Jose restaurant.

None of Ayala's family members saw the finger fragment in her mouth, noticing it only after Ayala pointed to the object in the bottom of her chili cup, according to the document. She told a brother-in-law that she had spit it out.

Her father-in-law and mother-in-law told police they saw Ayala throw up, but there was no such evidence at the scene, the complaint says.

It also raises questions about when the finger entered the food stream. The Santa Clara County coroner's office initially concluded that the finger "was not consistent with an object that had been cooked in chili at 170 degrees for three hours."

Wendy's internal investigation found no evidence that the finger came from its supply chain. Employees who were working that day at the restaurant also passed lie-detector tests administered by police, the complaint says.

Ayala's litigious past has been well-documented, including claims she has filed against corporations such as General Motors and El Pollo Loco. The criminal complaint says investigators so far have found 13 civil actions involving Ayala or her children. At times, it says, Ayala has settled cases for cash payouts before the lawsuits have gone to court.

The grand theft allegation contained in the complaint stems from a September 2002 incident in which Ayala sold a trailer home she didn't own to a San Jose woman.

The woman paid Ayala $11,000 for the mobile home, a deal apparently brokered by a real estate agent of Ayala's choosing. A few days after the woman and her family moved in, she got a call from a finance company that said the mobile home was in default and gave them three days to move out.

Ayala refused to refund the money, and it was later discovered the mobile home was owned by Ayala's live-in boyfriend, the complaint says. Ayala's son, Guadalupe Reyes Jr., denied the allegation.

Wendy's officials hoped the news of Ayala's arrest would quell concerns over its restaurants in Northern California, which have been forced to lay off employees from the post-publicity drop in business.

"If you look at the facts, the police have conducted an investigation and filed charges and made an arrest. We believe that is a clear sign we have been vindicated," Wendy's spokesman Denny Lynch said.

He said the company continues to offer a $100,000 reward for information "because the investigation is ongoing, and we can therefore find out the source of the finger tissue."

Despite weeks of tips, police still don't know the finger's origin.

Joseph Desmond, owner of the local Wendy's franchise, called the ordeal a nightmare.

"We think that it's over now," he said. "It's been 31 days, and believe me it's been really tough."

Many loyal patrons continue to support the Wendy's where Ayala made her claim.

Shortly after Friday's police news conference, Tom McCready headed into the franchise and ordered two bowls of chili to go and a baked potato with chili on it.

"If they've got 10 fingers, it's OK with me," the San Jose retiree said about the Wendy's employees at the counter.

He said he and his wife have supported the restaurant since Ayala's claim, heading there more often and ordering the chili. His opinion of Ayala's claim: "It's a crock."

Ayala is being held without bail in Las Vegas and has a court appearance scheduled for Tuesday in Las Vegas.

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