Lawmaker’s Theft Trial Stirs Debate

While Los Angeles has been shaken by allegations that City Councilman Mike Hernandez bought and used cocaine, a Municipal Court jury 30 miles away in Pomona is hearing a criminal case against a lesser-known local lawmaker.

That case centers on Walnut City Councilman Joaquin Lim and this central question: Did he shoplift $27.39 worth of groceries?

All agree that Lim, a part-time economics instructor at DeVry Institute, elected to the council in 1995, walked out of a Diamond Bar supermarket April 24 with a bundle of groceries that included mouthwash, peanuts, tomatoes, tofu and a box of croissants.

The prosecution, seeking a misdemeanor conviction for petty theft, maintains that Lim was stealing the merchandise because he was short of cash and in financial straits. Lim, taking the stand in his defense, says it was all a mistake; that he wheeled his cart to a bank of telephones just outside the exit to return two calls that had just been made to his city-issued pager.

Lim, 46, faces up to six months in jail and a $1,000 fine if he is convicted, but would not automatically lose his office. The trial, which began Wednesday, is expected to continue Tuesday in Pomona Municipal Court.

It’s clear this is no small potatoes shoplifting case. The district attorney’s office has assigned a prosecutor who normally handles murder and robbery cases. Meanwhile, Lim, the first Asian American elected to the City Council in prosperous Walnut, has dedicated backers who have flocked to the council chambers to voice their support.

The case is also being closely watched by the Chinese-language news media and local activists for its impact on political involvement by Asian Americans. The decision to treat the alleged theft as a misdemeanor, which could mean jail time, rather than a simple infraction has prompted some to suggest that Lim has been singled out for harsh treatment.

“If anyone thinks this is going to dampen our determination to get involved, that is a big mistake,” said Shiuh-Ming Ellis, a friend of Lim who formerly headed the Chinese American Assn. of Walnut.

Ellis says that the prosecution of Lim is in part an effort to discourage other Chinese Americans from participating in local politics.

Deputy Dist. Atty. Larry L. Larson defended the decision to handle shoplifting allegations as a more serious misdemeanor. “It’s the policy of our office to charge misdemeanors, because theft for retail stores is a serious problem in L.A. County,” Larson said in an interview.

Here are how details unfolded in court about how Lim was detained at the Albertsons store on Golden Springs Drive.

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A security guard hiding in the beer cooler, using a telescope to spy on customers, became suspicious of Lim’s behavior. The plainclothes guard, Frank Arellano, followed at a distance, employing a dentist’s mirror to watch as Lim walked though the store.

A second guard said Lim stuffed merchandise into a shopping bag and abandoned his hand-held shopping basket in the produce aisle before he headed for the door.

The two guards said they stopped Lim after he walked out of the store with the bag of groceries in one hand and a box of croissants in the other. One of the guards, Tony Jimenez, said Lim was 25 to 30 feet into the parking lot when they stopped him.

Jimenez said Lim explained that he did not pay because “he was having financial problems.”

When the guards took Lim to the store’s office to question him, they discovered a badge in his wallet identifying him as a member of the Walnut City Council, Jimenez said.

A Los Angeles County sheriff’s deputy who was summoned to the store testified that Lim was upset at the prospect of prosecution.

“He told me that this would ruin him if he went to jail,” Deputy Karl Bernhard said.

Lim denied pleading with the deputy and testified that he never said anything to the guards about money troubles. At the time of the incident, Lim said, he was carrying $22 or $23 but had credit cards, checks and an ATM card that would have given him instant access to thousands of dollars more.

Lim testified that he was on his way to the checkout line when he decided to go past the registers and into the video section to look for the movie “Jerry Maguire.” When he received the second beeper call in a matter of minutes, Lim said, he went out a nearby exit to use the public phones.

“It was my mistake to push the cart outside the store, yes,” Lim said. “But I did not intentionally do that--not to pay Albertsons.”

Deputy Dist. Atty. Larson questioned Lim’s assertions of financial well-being, pointing out that the same month as the alleged theft, a credit card company had suspended Lim’s privileges because of nonpayment. Larson also said it was hard to believe that Lim, who had said he was in a rush, would take the time to look for a video after shopping.

The case has caused something of a stir around Walnut, a comfortable city of 29,000 where Lim’s council election in 1995 made history. At the time, there were tensions between the growing Asian and Latino communities and some white residents. City Manager Linda Holmes resigned that year, saying she would not heed political leaders who demanded that she stop criticizing a local “white pride” group.

Lim, who first gained notice when he was active in a successful push to block a recycling plant in the neighboring city of Industry, appeared to find wide support when he led all vote-getters in winning a four-year council term. Some people say Lim helped bridge the gap between the different ethnic groups in the city.

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Lim’s allies say a conviction would be severe treatment for what they consider an innocent mistake. “We’d be very discouraged because we know he is a very good person,” said William Pao, a friend who served on the local cable television commission.

City officials have steered clear of commenting on the charges. But Councilman Robert Pacheco said interest is keen among residents. Besides those who have praised Lim publicly are others who have voiced private concerns about Lim’s predicament, he said.

“I’ve heard both sides,” Pacheco said.