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The sentencing and restitution hearing for Edwin Gary Smith, the former owner of Menalto Dry Cleaners in Menlo Park’s Willows neighborhood, has been postponed once more, at the request of Mr. Smith’s defense attorney, according to San Mateo County District Attorney Steve Wagstaffe.
The hearing was postponed until Feb. 10 at 9 a.m., for what Mr. Wagstaffe said is “hopefully the last time.”
Mr. Smith, 65, was accused of making unauthorized charges to his customers’ credit card accounts. In July 2016, he pleaded no contest to eight felonies, including seven counts of identity theft.
The sentencing was originally set for Oct. 4.
In a plea bargain, Mr. Smith agreed to a maximum prison term of eight years and that the court could order payment of restitution to all victims and on all counts, including counts that were dismissed, prosecutors said.
According to prosecutors, the initial charges against Mr. Smith included 40 counts of identity theft, 20 counts of credit card fraud, and 19 counts of elder abuse in connection with losses of over $350,000.
Mr. Smith is out of custody on $350,000 bail.
Why is this guy out of custody? He was found guilty, admitted to it, and will be serving 8 years. Why hasn’t he started that yet? What’s with the free pass? Of course he will ask for delays in sentencing. He keeps getting it. You wonder why people have no faith in our judicial system? Ask his 80 or so victims how they feel about this. I know several of them. Maybe it’s time to re-evaluate Wagstaff’s ability to make rational decisions.
update?