From The New York Times - November 7, 2002
Winona Ryder Found Guilty of 2 Counts in Shoplifting
By RICK LYMAN
BEVERLY HILLS, Calif., Nov. 6 Winona Ryder, the actress whose six-day shoplifting
trial drew national attention and stirred tabloid frenzy, was found guilty today
of grand theft and vandalism for walking off with more than $5,500 worth of
designer goods from a Beverly Hills department store.
The jury of six women and six men - including Peter Guber, a former movie studio
chief who made three films with the actress - spent one full day and part of
the next morning deliberating before finding Ms. Ryder guilty of two of the
three felony counts against her.
She was found not guilty of commercial burglary, a charge requiring proof that
she had gone into the store intending to steal.
Ms. Ryder, who spent her 31st birthday last week in the third-floor Beverly
Hills courtroom, was pale and impassive as the verdict was read, offering only
a weak half-smile and a gentle pat on the back to her lawyer, Mark Geragos.
"I'm sorry," she said softly to reporters' questions after the verdict.
"Thanks for asking, but I can't talk now."
50 many court employees had jammed into the small courtroom to witness the verdict
that the bailiff had to ask some of them to move into the public gallery before
the jury filed into the room.
Judge Elden S. Fox set sentencing for Dec 6, and, saying Ms. Ryder was neither
a flight risk nor a threat to the community, allowed her to remain free until
then. She faces up to three years in a state prison, although it is considered
likely the judge will impose no prison time.
"We never thought about jail time," said the deputy district attorney, Ann Rundle, who prosecuted the case. "We won't be asking for it. We simply want Ms. Ryder to take responsibility for her conduct."
Since it was not a violent crime, Ms. Rundle said, a more likely and appropriate
sentence would be some combination of probation, community service and restitution.
"And that's what we're going to ask for," she said.
Mr. Geragos said he would not comment on the verdicts until he had a chance
to speak to the jurors. He said he would decide later about whether to appeal.
Although a thick cluster of microphones and cameras waited on the plaza outside the courthouse, none of the jurors spoke to reporters .
"We're very comfortable with the decision," Ms. Rundle said.
Ms. Ryder was detained by security officers as she left the Saks Fifth Avenue
store on Wilshire Boulevard last Dec. 12. Officers said they found $5,560 worth
of stolen merchandise, including a cashmere Marc Jacobs sweater worth $760,
various Frederic Fekkai hair adornments worth about $600 and several pairs of
socks, including a cashmere pair from Donna Karan worth $80, inside two shopping
bags and a garment bag.
The security chief, Kenneth Evans, testified that he and others had followed
Ms. Ryder's movements in the store that day on closed-circuit ca01eras as she
went from one boutique to another, twice going into fitting rooms with armfuls
of items.
Another security guard, Colleen Rainey, testified that she peered through the
slats in one fitting room door to see Ms. Ryder, scissors in hand, clipping
sensor tags from some store items and concealing the items in tissue paper.
"She came, she stole, she left," Ms. Rundle said in her closing statement
on Monday. "End of story."
Today, after the verdicts, Ms. Rundle was asked why prosecutors thought the
actress had committed the crimes. "I cannot get inside her 1 head,"
she said. "She may have been stealing for the thrill of it or to see if
she could get away with it."
Mr. Geragos argued that Saks security officials and an overly zealous district
attorney's office had conspired against his client to capitalize on the high-profile
trial of an Oscar nominated actress. Ms. Ryder was twice nominated for an Academy
Award, for "Little Women" (1994) and "The Age of Innocence (1993).
She won a Golden Globe in 1994 for "Age of Innocence."
Mr. Geragos said the Saks employees hoped to avoid a civil suit by planting
evidence on Ms. Ryder and then lying about what happened and what she said to
them. He suggested that Ms. Rainey had not only lied about seeing Ms. Ryder
cut off the tags, but had shortly afterward left the store's employ and perhaps
even tried to capitalize on the case by selling her story.
"They've got all. the best reasons in the world to fabricate evidence,"
Mr. Geragos said.
The defense ,also denied that Ms. Ryder had made statements to security officials
on the day of her arrest that she had only stolen the item because she was doing
research for a future role. Instead, the defense suggested that Ms. Ryder had
mistakenly believed that Saks sales clerk knew about the goods she was taking
with her and would simply charge her for them.
"There is a collapse of objective evidence in this case such that you cannot
say without a reasonable doubt that Winona is guilty," Mr. Geragos said
in his summation.
The jury thought otherwise.
Just before the jury's return, Ms. Ryder looked toward her family an smiled
as she blew a kiss.
Prosecutors and Saks officials today denied accusations by supporters of Ms.
Ryder that she had been singled out for harsher treatment because of her celebrity.
"From the very beginning of the events which gave rise to this case through
trial, Saks Fifth Avenue ha remained committed to doing the right thing,"
said Kenneth Metzner, Saks's associate general counsel. "Saks is proud
of the professionalism and integrity displayed by it asset protection staff
and sales associates."
Ms. Rundle also praised the Saks employees, particularly Mr. Evan and Ms. Rainey,
who she said had endured nearly a year of "personal attacks" from
the defense. "My office handled this case appropriately according to policy,"
Ms. Rundle said, adding, "There were no extra resources put on this case."