Pena testified that he had opened one bag and thought it was so good he wanted a third. But he said that as he walked to the front of the store to pay, he became concerned that he couldn't hear his radio. He said he forgot about the extra bag when he went outside.Pena blames his bout of forgetfulness on a stroke he had in 2005, which he says "occasionally left him 'unfocused'." If what Pena says is true, and he appeared distracted or rushed, we're surprised a clerk didn't casually "remind" him that he hadn't paid. Maybe it has something to do with two similar incidents involving Pena the city's attorney alluded to that happened at the same Walgreens. Pena also was in hot water for not reporting to a dispatcher that he was leaving a crime scene to go on his little snack run. But that seems like a minor infraction, and since Pena was acquitted of the misdemeanor theft and the other two are unsubstantiated reports, does he really deserve to lose his badge? Seems like there's another layer to this story that has yet to be reported. [Trib, Photo by bastique]
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