Monday, June 15, 2009

Week 3, Day 1 - Additional Afternoon Information.

NOTE: Please see the post BELOW this one as well, as that post has also been updated through the day.

Below is the summarized information from this afternoon’s trial as told to me. There will probably be errors, or misstatements, but the gist should be pretty on target. If you were there, and have corrections to this information, you can email deepsounding, and he will fix it. (Contact info on the right side navigation bar.) This information may conflict with other information posted by others here today, if so, just remember that this is summarized info as told to me by someone else.

It appears that ayre’s son may indeed be sitting in the courtroom with Solveig and ayres. Identity is not confirmed, but the man is about the right age and entered with ayres and Solveig and sat next to Solveig. Also, the woman with Doron Weinberg was apparently another attorney.

There is a jury pool of 187 who have not been excused for vacations, medical, and other similar reasons. On Tuesday, June 16th 2009 112 of those jurors will be in court for the voir dire process to begin. Judge Freeman stated that voir dire will be finished by this Thursday. Current speculation is that the trial starts in earnest on Tuesday, June 23rd.

The Three Books:
(I’ll try to get this in order, but can’t be entirely sure of chronology.)

During the warrant to search for files to contact in-statute patients, files were found in file cabinets. These cabinets (and possibly other things?) were taken into POLICE CUSTODY, and per the warrant, the PATIENT FILES were sealed and only the special master was allowed to look, to report contact information ONLY to the police officers, who were then to contact those potential victims. IF we’re understanding this correctly, at the time, the special master SAW, but did not access two books in one of the file drawers, and one manila folder which did not appear to look like a patient file. The special master apparently reported ONLY the names and contact information, as per the warrant. The rest of the material (cabinets with books inside) REMAINED in police custody, but were not accessed to preserve integrity in the special master process.

At some point later (something like a year… not sure. This part is a bit fuzzy..) Doron Weinberg complained that two or three potential victims on the “list” did not have their files turned over to the defense, and he asked for the files. (Weinberg says that he stated that they were not included, but he did not ASK for the files.) At this point an officer went to retrieve those two or three files from the file cabinets STILL IN POLICE CUSTODY, and with the written consent of those two or three patients. The officer saw the books laying in the cabinet, but did NOT state this in his report. (Again, story is even more fuzzy right here.) Even later (recently) an officer went into the cabinet (not clear why…) and HE then saw the books and looked in the manila envelope to find additional printed material. He then talked to the second officer, who (I guess) indicated that he saw the books when he looked, and someone had him write a report stating that he had seen the books. (again… fuzzy… could have this a bit wrong, but this is the general gist.)

Of course Weinberg is arguing that the whole thing is inadmissible because the warrant didn’t allow them to “go back” a year later. McCowan argued that there’s plenty of case precedent for this kind of thing, for example, they take a backpack into custody under a warrant, and then later open a pocket to find evidence, as long as the property was taken into and remains within police custody the whole time, there is no violation of the intent of the warrant. On and on they argued. The judge boiled it down to one simple problem: Did the officer(s) have the right to get stuff from the file cabinet. The judged requested additional case examples from McCowan, but seemed to indicate that she feels that McCowan’s example of the backpack applies to this situation. She also indicated that she feels that the officers acted in good faith.

Judge Freeman was also not happy with some procedural errors that McCowan has made; duplicate evidence numbers, asking leading questions of the officers, are two examples. We won’t dwell on this, we want the prosecutor to be focused and sharp.

So what’s in the books?
It is not entirely clear, the books were not shown in great detail; of the two hardcover books, one had a blank red cover, and the other a white cover, apparently the one with the white cover has a picture on the front of young naked children. The manila envelope was described as containing pictures of boys "aged 12-16" in a locker room situation. To paraphrase and summarize the statements that the officers present used to describe the contents of the books: the books had pictures of naked young boys in pornographic “sexual poses.”

EDIT: (DS): There is now an article in the mainstream press with more specific detail, officer names, book titles, etc..:
http://www.insidebayarea.com/sanmateocountytimes/localnews/ci_12596949


Ok. I need to go wash the vomit out of my mouth now.

38 comments:

  1. I am speechless

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  2. Anonymous said...
    I am speechless



    Well, don't be OVERLY specific.. .

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  3. How about five words:

    Ayres is a real pervert!

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  4. This is just horrifying.

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  5. There is now an article in the mainstream press with more specific detail, officer names, book titles, etc..:

    San Mateo County Times

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  6. From the San Mateo County Times:

    Two of the books' titles were identified as "The Sex Book," a red tome without any images on the cover, and "Coming of Age: Photographs by Will McBride."

    From Amazon.com:

    Coming of Age : Photographs by Will McBride (Hardcover)

    Product Description
    A chronicle of the struggles, bravado, and irrepressible sexuality of young men. Will McBride, an American who has spent his adult life in Germany, has made one of the great extended photographic portraits of male adolescence, created over the course of his forty-year career as a photographer. In his studio work and in his reportage for such magazines as Twen, McBride has focused on young men as they come to terms with their inner and outer development. McBride creates a portrait of the young male that is more revealing than those available in countless books, plays, movies, and television shows. In his work, young men discover the power of their own sexuality, fall in love, suffer the imposition of the regimentation of study and religion, seek comfort, flaunt their courage, and play with the unfettered, goofy energy of boys. Clearly made in collaboration with his subjects, McBride's photographs are as telling and sensual as they are unforgettable. Hardcover, 9.5 x 11.5 in./112 pgs / 72 color.

    About the Author
    Guy Davenport has been called by The New York Times "one of our most gifted and versatile men of letters." William Simon, a professor at the University of Houston, specializes inadolescence and sexuality.

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  7. I am sorry. The police have had these books for three years. They're only NOW discovering pictures of naked boys in locker rooms?

    On the other hand Weinberg must be kicking himself for asking for those three new files. If he hadn't asked for them, they wouldn't have found "The Sex Book" and the pix of locker room boys and the book with the naked children on front.

    How can Solveig and son Robert stand to listen to this? What's their rationale for standing by this monster?

    This guy is one very, very sick perv

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  8. I am really getting the sense that Ayres didn't have nor want any female patients......

    This is getting very bad for Weinberg, he is not going to be able to deflect this evidence if admitted.

    As a female juror I would have serious doubts about a physician who is more interested in one sex.

    It appears Ayres was not interested in the female genitals nor did his practice seem to deal with treating females.

    Is it time for Weinberg to panic? I think so!

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  9. Well, I think the rationale goes something like this:

    If we dig into those cabinets, and it looks like we violated the "special master" warrant by looking at all of the files, we could get the whole thing tossed... Let's just let the special master do their specific job, clear all of the challenges, and THEN when the time comes, we can see what's in there.

    It seems to me like a valid approach, as long as it all holds together.

    Frankly, I'm more upset about the fact that the sociopathic piece of child molesting pig shit was ever even born, not so much that the cops were overly cautious with evidence that they had in their custody legally, the whole time...

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  10. Deep Sounding,

    I feel for all the victims and families this is TRULY horrifying!

    The fact that they let him walk around for two FN years, since 2007is really upsetting.

    I can only imagine how you feel. But I know I can't.

    This may case me to lose sleep.

    INJUSTICE - he should not have been allowed to walk the streets since 2007 (if ever).

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  11. "Boylinks" recommends "Coming of Age" for its boy-related web sites.

    Eww.......

    http://www.boylinks.net/personalsites_art.html

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  12. "The front cover contained a picture of nude boys sitting cross-legged."

    This just gets sicker and sicker. You just know that w.h. ayres has other boy porn stashed away in two or three other places. Probably sharing it with child porn king,Menlo Park Dr. Roger Levin.

    We still don't understand how the County let this perv get away with this for so long.

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  13. A reviewer of the book on Amazon.com said this:

    "I know some people have claimed that this book has been produced to satisfy that strange group of people who call themselves "boy-lovers", and it may indeed appeal to such people."

    I am guessing the book reviewer knows what he is talking about.

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  14. Wonder if Ayres wrote any reviews on amazon. Somehow we don't think he ever had these books on full view at home.

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  15. Many readers who bought Coming of Age on Amazon were disturbed by the photos.

    Here's an excerpt from a reader called Allen Rockwell:

    One other thing that bugs me is this; While this book does certainly fall in the category of art and the images are artistic in nature I'll just say that if investigator's found this book at Michael Jackson's house they would cheer and exclaim "case closed!" .. there are far too many photos of naked, pre-pubescent boys in the book for my liking ... that's not what I bought it for. What does a naked 5 year old have to do with "Coming Of Age"?.

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  16. It's probable that most of those "reviewers" are couching their helpful descriptions of what's available inside the book in terms that make them look like they're not pedophiles.

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  17. Regardless, isn't it unlawful to photograph children nude?

    I don't care if you call it "artsy" etc. if there is a five year old in the book nude I am not sure that would be within the realms of the law at least in the US.

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  18. Well, this gets into a pretty touchy discussion about what "pornography" is and is not. For example, the officers described the content as "pornographic" and "sexual" in nature, but that book is legally available on amazon. And therefore probably does not meet the legal requirements for "pornography." I'm guessing that people in posession of it are NOT breaking the law. There's plenty of discussion about when a "sexual pose" becomes a depiction of a "sexual act" and until it does, the content is apparently often difficult to classify. I think a lot of us have photos and movies of our babys/toddlers running around naked in the sprinklers, and that's not illegal, and I'd guess that that book has photos of naked boys, but with themes much more pushing the limits of "sexual behavior" yet still clear of prosecuatablity.

    You're getting into some pretty gray areas of the law, and frankly some very dark crevices of the "human" soul. I'd bet that most people who own, have purchased, or have considered purchasing that particular book are not the least bit interesed in the "artisitic" (please...)aspect of the book. It is very likely their intent to have legal access to that kind of material for sexual gratification.

    That ayres posesses this kind of material is, at least from my perspective, very damning, very upsetting, and quite a stunning vindication of my past struggles with this.

    Quite a nice little package delivered yesterday, once you get done mopping all of the vomit off of the wrapping paper.

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  19. Someone called "Sensistars" just wrote this about Ayres on the Glenn Beck Youtube post on Ayres:

    When I was a young teen I was Dr. Ayres private patient for years and he never did anything remotely inappropriate. I trusted him and was alone with him a lot. He did nothing but help me and talk to me about my problems. I can't vouch for how he was with other patients, and I know he worked with a lot of seriously ill court order patients. I do know that with me and a lot of other patients he was nothing but a grade A+ shrink.

    ---

    Any guesses as to who is the author of this? Doesn't sound like it's written by a man. Could it have been written by Solveig?

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  20. Sensistars could be Etta Bryant.

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  21. Did you notice that most (if not ALL) of the reviewers of "Coming of Age : Photographs by Will McBride" on amazon.com are men?

    And if you look at their profiles, you'll see that many of them list other books as favorites that include photos of young men in various states of undress.

    Blech..

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  22. Does Etta Bryant have the same book, her and Ayres share the same philosophy apparently?

    It that a book Etta needs in her practice or the old PPA group which went defunct.

    Talk about piercing the corporate veil. Ayres won't take the stand because they would ask him why he had this book, professional or personal use?

    Let's face it two lawyers were in the courtroom yesterday for Ayres and Weinberg wants the book inadmissable even Weinberg has the smarts to know this ain't going to go over very well for Ayres.

    Where there is smoke there is fire. A case is the total sum of all the evidence and this particular book is controversial in the context of being in the hands of child molester.

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  23. Wonder what ayres' colleagues at the American Academy of Child and Adolescent Pscyhiatry, who voted him in as President in 1993- are thinking now...

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  24. Yeah, those who read Coming of Age( the title makes me ill)) are also reading things like "Raw Youth" - described on Amazon as such:

    The young men of Jay Diers are so young and cheeky they are impossible to resist. You just want them all. "Raw Youth" is the definitive photo collection for everyone who enjoys looking at young men

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  25. Tha Academy is thinking:

    “We never forgive those who make us blush.”

    ~Jean-Francois De La Harpe

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  26. From the Daily Telegraph

    Jurors see Jackson's books of naked boys

    By Catherine Elsworth in Santa Maria
    Published: 12:01AM BST 30 Apr 2005
    Books containing pictures of naked boys seized from Michael Jackson's bedroom were shown to jurors in his child abuse trial yesterday as evidence of the singer's "prurient interest in adolescent boys".
    One, a 1966 hardback book of pictorial essays entitled Boys Will Be Boys, had on its cover tanned, blond boys leaping into a swimming pool, and contained photographs of clothed and naked boys swimming, jumping and playing.


    Pictures in the other, The Boy: A Photographic Essay, were described as "90 per cent nude boys".
    The books were taken from a filing cabinet in the star's room during a police raid in August 1993 linked to previous allegations that Jackson was abusing a 13-year-old boy.
    Before the books were admitted as evidence, the defence argued that they be excluded, describing them as "just plain stale". But Rodney Melville, the trial judge, allowed them to be shown, saying some of the photographs "could be determined to be sexually explicit".

    Link to full story here:

    http://www.telegraph.co.uk/news/worl...aked-boys.html

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  27. Like Deep Sounding so wisely put, what is and isn’t porn can be highly subjective.

    However, in my less-than-expert opinion, if a person possesses those books for the “artsy” aspect, then they are kept on the bookshelf like any other book.

    If they are owned for reasons other than artsy-ness, they are hidden in a file cabinet or wherever these tomes were located.

    I have a copy of the Kama Sutra on one of my bookshelves, alongside some medical and nursing texts. I’d be concerned (and asking for trouble!) if I kept said copy of the Kama Sutra in a secret room set up for kinky sex. I’d say that was a problem!!

    Do a simple book search on Amazon.com and check out the listing for Coming of Age. Scroll down to view “Customers who bought this item also bought.” At Ease: Navy Men of WWII? Raw Youth? Also note that Coming of Age was produced in Germany.

    I’m with many of you as far as this most recent revelation is concerned: I think I threw up in my mouth a little.

    Regarding the message from “Sensistars”—better contact the good doctor’s defense posthaste. They certainly could use your testimony—if this case gets that far along!

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  28. CaliGirl9 I agree, in the manner of which he had this book I can find no plausible explanation.

    If it is all boys, it would confuse the hell out of young boys if Ayres used this a pictorial for therapy (doubt it).

    Pending that if it was for his personal use what did he do flip through it after sessions.

    Remember in a shrink's world an hour is 50 minutes the other ten minutes must be for browsing books.

    One Sick mofo fosho......

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  29. Here are some decriptive notes about the other book, presumably: "The Sex Book - A Modern Pictorial Encyclopedia
    by Goldstein & Haeberle"


    Which has photos done by the same pervtographer as the other book.


    Filled with full-page B&W photos of sexual "parts" and applicable poses. Photos by Will McBride.

    "A comprehensive photo-illustrated encyclopedia...(with)straightforward language, up-to-date medical views.

    Christian sexual and family morality aligned with a wholesome revelation of facts...220 photos of nude adults and children, of nursing infants, genitalia and the sex act...many adults and youth may find it liberating".

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  30. Those pictures of boys undressing in the locker room are sickening. If Solveig is still defending her sick perv of a husband after this, then nothing will cure her. Those photos are stomach turning.

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  31. It's an outrage that unsuspecting parents paid good money to this perv who is salivating over photos of boys who are undressing.


    Solveig Ayres is clearly psychologically damaged to stay with this monster. Is she a victim of Stockholm Syndrome, or does she just have no self worth - or does she secretly hate boys?

    I believe that these books are just the tip of the iceberg. I bet Solveig even has an idea where her husband's real hardcore cache of porn is... No doubt in the world he is in on this with others. There's a certain doctor in Menlo Park who was busted in the 1990s for child porn who is still up to his ears in this activity. All of these pervs somehow find each other.

    I don't think we know even one quarter of the perv activities Ayres and his pals have been engaged in. They never operate alone. The evidence is out there. We know that.

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  32. Where is Etta Now? Stashing her books of little Girl Scouts no doubt.

    She hasn't been writing many letters of support lately.

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  33. Does anyone have a copy of the witness list yet?

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  34. Maybe they are revising the witness list because Ayres "character witnesses" just saw photos from the Coming of Age and checked out!

    That book is a bit much. I still can't figure out why some people who have pictures of naked little boys get arrested and this book is for sale on Amazon.com.

    I am very perplexed with how the law is applied to such a book. As a child you cannot enter into consent to have nude photos of yourself published in a book.....the boys in the book are very young.

    It makes me sad to look at the exploitation of these children.

    After seeing other images from the book this is not even a photography exhibit I would want to go to.

    I am not overly "stodgy" at least in my opinion but naked children is not my thing.

    I also feel those who cannot enter into consent agreements because they are too young should not be exploited.

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  35. I believe that in most of those published books, the parents of the children gave consent. It is also possible that when those books were published, consent law was significantly more lax.

    I also am fairly certain that most people who get arrested and have naked pictures of little boys are not arrested based on those pictures, they are based on the omnipresent OTHER pictures with significantly more sexual content, and the photos that are "simply nude" are just additional character evidence.

    I think that the press hesitates to even describe content, and therefore the photos are kind of generically referenced as "nude photos, and worse" An example of this is Bernie Ward... originally reports seemed to indicate that he had traded a few nude photos. As it turns out, he had possession of many sexually explicit photos of children with adults (including an infant). THIS is what led to conviction, not nude Johnny in the locker room.

    I think that the significant thing in this case is that it very succinctly provides a visual corroboration with ayres' behavior.

    I think that an additional complication is that authorities don't like to publicly dwell on what EXACTLY can and can not be prosecuated. I think that a well defined "line" as to what is "arrestable" would allow some of these pervs to stay clear of any jail time. It's easier to prosecute if the pervs go past the line, due to it's gray-ness. Maybe some might argue that that's entrapment-ish... I'm OK with that.

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  36. What disturbs me is that Bernie Ward's wife Colleen Halloran was a PEDIATRICIAN who still defended her husband after he was convicted, even though in his possession they found photos of infants being raped. AND he pled guilty!

    Here's what ABC reporter Dan Noyes said about Halloran after the sentencing:

    "During a sidewalk interview outside the federal building, Ward's wife Dr. Colleen Halloran, a San Francisco pediatrician, lashed out at the government prosecution.

    You could almost hear echoes of Bernie Ward’s radio show in his wife’s statement: “This whole proceeding has been crushing with an anvil. The justice department sure hasn't got any of the real terrorists out there, they got us into a war that was based on a lie, they can't control the economy, they can't control gas prices, but oh boy they got that really dangerous criminal Bernie Ward off the street and have destroyed his family, I thank you all very much.”

    Will Solveig lash out at the government when her husband is convicted? One can only look at women like Halloran and Solveig Ayres and shake one's head in disbelief at their denial and delusion. It makes one wonder what kind of upbringing these women had who would stick by child molesters and child porn purveyors. There must have been some kind of trouble in their background (alcoholic parents, perhaps?)because women with self worth and who truly cared about children would not stick by these monsters.

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  37. Let's hope the book gets admitted into evidence. Based on the commentary it is creating it could be the jumbo anchor on the already sinking Titantic - named William Hamilton Ayres.

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  38. Does anyone have any info on jury selection?

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