That wasn't my finger in the Wendy's chili

SAN JOSE
Woman now says finger in chili not hers
She lost digit to leopard kept outside her home in Nevada
[font=geneva,arial] - Ryan Kim, Maria Alicia Gaura, Chronicle Staff Writers
[/font] [font=geneva,arial][size=-2] Friday, April 15, 2005
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A Nevada woman who fueled speculation that one of her fingers ended up in a bowl of chili at a San Jose Wendy's after it was bit off by a leopard believes her digit is too small to be the one that has garnered worldwide attention, her attorney said Thursday.

The tip of one of Sandy Allman's fingers was chomped Feb. 23 by a leopard kept outside her home in rural Pahrump, about an hour's drive from Las Vegas. She last saw her finger at a Las Vegas hospital, where doctors were unable to reattach it.

This week, Allman, through her attorney, said her finger seemed to match a digit that a Las Vegas woman said she had found in her chili at a San Jose Wendy's. Given another day to reflect, Allman is backing off that possibility, saying she was influenced to do so by quotes from the police pointing out the size difference between the two fingers.

"She has changed her mind. (Allman) said, 'There is a certain size discrepancy so I guess that's not my finger,' '' her attorney, Philip Sheldon, said Thursday. "She said if the police don't think it's the same, and they haven't asked yet for DNA, it probably isn't the same."

But authorities investigating the Wendy's finger have not ruled out a possible link between Allman's three-quarter-inch fingertip and a 1 1/2-inch fingertip that Las Vegas resident Anna Ayala says she found during her visit to the San Jose Wendy's.

"Right now, because it's an open investigation, anything is possible," said San Jose Police Officer Enrique Garcia. "We are certainly not ruling (Allman) out; no, not at all."

In Nye County, Nev., where Allman lives, Sheriff Tony DeMeo said a visual comparison of pictures of the two fingers suggested that the finger found at Wendy's appeared to be about a half-inch longer than Allman's finger tip. He said he was confident there was no link between her and Ayala.

"We can't say this is the same finger one way or another, but the only thing we can truthfully say is there is no connection between (Allman) and the person who found the finger in her food," DeMeo said.

After the leopard bite, Allman was rushed to Sunrise Hospital and Medical Center in Las Vegas. Once she learned the finger could not be reattached, Sheldon said, Allman left it in a bag in the emergency room. "It's 100 percent sure that Sandra Allman didn't leave that hospital with that finger, and it's corroborated by another friend who was there the whole time," Sheldon said.

Hospital officials released a short statement Thursday acknowledging that Allman had been treated in the emergency room. A hospital spokeswoman declined to comment further, citing privacy concerns, except to say there was no record of Ayala's ever being treated or employed at the hospital.

Ayala, reached at her home Thursday, said neither had she planted the finger nor was there any connection between her and Allman or the hospital. She said she had withdrawn her claim against Wendy's on Monday after the intense media and police scrutiny began taking an emotional toll on her family.

"People can say what they want and destroy my family, but it's not true," Ayala said. "This is really ruining my kids and me and dragging my family through the mud. It's killing us."

The saga began at the Monterey Road Wendy's when Ayala says she bit into a finger while eating a bowl of chili. Ayala later filed a claim against the franchise owner.

The case took a sharp turn April 6 when police served a search warrant at Ayala's Las Vegas home. Authorities have not disclosed what they were searching for.

Santa Clara County's attempt to trace the ingredients in Wendy's chili back to their manufacturing source has not yet turned up anything that might explain the finger's presence.

"There are still a couple of loose ends," said Ben Gale, director of the county's Environmental Resources Agency. "But it's mostly done. We just haven't found anything," despite tracing items like the chili beans "back to the production line on the day these beans were canned."

The weird tale has drawn intense media attention, and San Jose police have been inundated with calls from reporters around the globe.

The Police Department's press information officers, who are somewhat harried even on a good day, began warning reporters Thursday that media calls were now likely to go unanswered. Instead, they promised to issue news releases if anything breaks.

"The investigation is ongoing, and there are a lot of things we can't discuss," said San Jose officer Garcia. "There is nothing new for us to provide to the public. (But) we are being overwhelmed by calls."

The lack of solid developments has most likely only drawn more attention to the mystery, with updates in newspapers from as far afield as Taipei and New Zealand.
 
Wendy's Finger Traced to Woman Facing Charges
Police Say Digit Came From Associate of Husband
By GREG SANDOVAL, AP


SAN JOSE, Calif. (May 13) - The mysterious finger that a woman claimed to have found in a bowl of Wendy's chili came from an associate of her husband who lost the finger in an industrial accident, police said Friday.

''The jig is up. The puzzle pieces are beginning to fall into place, and the truth is being exposed,'' Police Chief Rob Davis said.

The discovery of the finger's owner marks a significant break in a case that has confounded authorities for nearly two months, ever since Anna Ayala claimed she bit down on the well-manicured, 1 1/2-inch finger in a mouthful of her steamy chili.

The case became the talk of the Internet and late-night talk shows and spawned numerous bizarre tips and theories about the source of the finger, including one about a woman whose fingertip was bitten off by a spotted leopard kept as a pet.

Authorities said last month that they believed the story was a hoax, and they arrested the 39-year-old Ayala at her home in Las Vegas and charged her with attempted grand larceny for allegedly trying to shake down Wendy's. But whose finger was in the chili remained a mystery.

The owner was traced through a tip made to a Wendy's hot line, Davis said. He said the man lost the finger in December, and authorities ''positively confirmed that this subject was in fact the source of the fingertip.'' The nature of the industrial accident was not disclosed.

Davis said the Nevada man, whose name was not released, is cooperating. The police chief would not say if the man was in on the alleged hoax.

Investigators had initially believed the finger fragment was a woman's because the nail was well-trimmed.

Police believe the man gave the finger fragment to Ayala's husband, Jaime Plascencia, who was arrested this month on identity-theft charges unrelated to the Wendy's case.


During the investigation, Wendy's said no employees at the San Jose store had missing fingers, and no suppliers of Wendy's ingredients had reported any finger injuries. Authorities reported that there was no evidence the finger had been cooked, and also said Ayala had a history of filing claims against businesses.

Sgt. Nick Muyo said someone other than the man who lost the finger called in the tip to the hot line.

Calls to an attorney for Ayala and Plascencia were not immediately returned. Wendy's did not immediately return a call to its Dublin, Ohio, headquarters.

Authorities are considering additional charges against Ayala and her husband, Davis said. ''We are exploring all other options and avenues available to see that those involved in this charade will be investigated,'' the police chief said.

Wendy's has offered a $100,000 reward and has said it has lost millions in sales since Ayala made the claim while visiting her family in San Jose. Dozens of employees at the company's Northern California franchises also have been laid off.

Wendy's has not yet given out the award. Company spokesman Bob Bertini said officials need to talk with police to determine who should receive it.

In a statement, the company praised San Jose police and said the latest evidence vindicates its employees.

''We strongly defended our brand and paid a severe price,'' said Tom Mueller, Wendy's president of North America. ''We are extremely proud of our employees and franchisees who have suffered the most, and we are forever grateful to our many customers who have supported us during this difficult time.''

The Nevada agency that investigates industrial accidents has no record of a worker injury like the one San Jose police described, said Tom Czehowski, chief administrator of the state Occupational Safety and Health Administration. Nevada employers are only required to report deaths or injuries causing the hospitalization of three or more employees, he said.

The California Division of Occupational Safety and Health was also checking its records for any workers who reported losing a finger in an industrial accident, spokesman Dean Fryer said.

The franchise where the finger claim was made saw an immediate 60 to 70 percent drop in business, said Stephen Jay, marketing director at JEM Management, which owns the restaurant. Business is still off 20 percent, he said.


AP-NY-05-13-05 21:24

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