Distraction excuse doesn't sway judge in shoplifting case

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November 21, 2009

By Julie Manganis The Salem News Sat Nov 21, 2009, 05:45 AM EST

DANVERS — Dominic Fazio says he wasn't trying to steal that satellite radio from Walmart the other day.

"I forgot to pay for it because I was lost in deep conversation," Fazio, 33, told Salem District Court Judge Richard Mori.

"Maybe you can try that out with another judge," Mori responded. "I didn't just fall off a turnip truck."

Fazio, of 800 Bullfinch Drive, Andover, was arrested Thursday afternoon after store security said they saw him leaving with an XM satellite radio receiver valued at $63 under his arm.

According to a police report, Fazio told the security guards his name was Salvatore Fazio. But on his way to the Danvers police station, he admitted that his name was Dominic. When police checked, they found that he has a record of similar crimes.

Danvers police Sgt. David Joyce offered Fazio a plea deal yesterday under which Fazio would plead guilty and pay $300 in fines.

Fazio wouldn't take it, telling the judge he's innocent. So Mori scheduled a pretrial conference for Jan. 22 and ordered Fazio to stay away from Walmart.

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