Walnut Councilman Acquitted of Shoplifting Charges

A jury took a scant 45 minutes Tuesday to acquit Walnut City Councilman Joaquin A. Lim of charges that he shoplifted $27.39 worth of groceries from a Diamond Bar supermarket in April.

Lim, 46, expressed relief upon hearing the decision in Pomona Municipal Court. The misdemeanor case was keenly watched in the San Gabriel Valley city where Lim two years ago became the first Asian American elected to the City Council.

“I need rest. This whole thing has been such a nightmare for me,” Lim said. He declined further comment, saying the not-guilty verdict “speaks for itself.”

Lim, who testified on his own behalf, acknowledged walking out of the Albertsons store April 24 with mouthwash, canned mackerel, tofu, salad dressing, a box of croissants and some other items. But Lim said that he did so inadvertently--that he wheeled his cart to a bank of telephones outside the exit to answer back-to-back calls to his pager.

The prosecution sought conviction for petty theft, contending that Lim was stealing the groceries because he lacked sufficient cash to pay and was experiencing financial troubles. Lim testified he was carrying only $22 to $23 when stopped by security guards, but said he also had checks, credit cards and an ATM card giving him quick access to thousands of dollars.

Lim’s defense lawyer, Antonio Bestard, said jurors reported that they also had inadvertently left stores without paying.

“There wasn’t a juror on there who hadn’t been caught in a similar dilemma sometime in their life, one juror told me,” Bestard said.

Lim, a part-time economics instructor at DeVry Institute, faced up to six months in jail and a $1,000 fine if convicted, but would not have lost his council seat automatically.

Lim’s friends in Walnut contended that he was being treated too harshly, and some suggested that there was an effort to discourage Asian Americans from participating in local politics. The four-day trial drew close coverage by the Chinese-language news media.

Lim’s supporters applauded the verdict.

“The guy has been honest all his lifetime,” Shiuh-Ming Ellis said. “There’s no reason he would become dishonest for a lousy $27.”

Lim was stopped outside the store by security guards who said he was acting suspiciously.

One guard, posted inside a beer cooler and using a telescope to watch customers, began tracking Lim. A second testified that Lim stuffed merchandise into a shopping bag, then abandoned his hand-held basket before walking out.

The second guard guard testified that he stopped Lim about 25 feet into the parking lot, and that Lim told him he was having “financial problems.” A Los Angeles County sheriff’s deputy who was summoned testified that the councilman said he would be “ruined” if he went to jail.

Lim, who was cited and not taken into custody, denied making those statements. He testified that he had stopped in the video section near the door when he received the second page and spotted the telephones outside. He was outside the doors when the guards detained him, he testified.