Monday, June 15, 2009

Week 3, Day 1 - Weinberg Attempts to Split Hairs on "Groping"

On this first day back in the courtroom since Wednesday, June 10, Weinberg got out of the starting gate by requesting that the testimony of a victim who said that Ayres had groped him be thrown out on the grounds that it did not constitute groping. Tragically, the young victim himself was in attendance in the event that the judge would call to have him testify. After a chambers conference, the prosecutor, appearing upset and frazzled, took the victim out into the hall. In the end, the victim did not have to testify and was sent home. The evidence presented came from the prosecutor's notes. She said that the victim alleges that the good doctor stood behind him and used the "back of his hand" to grope him. Weinberg- ever the hair splitter - argued that using the back of a hand does not constitute groping. Weinberg actually had the nerve to say that this bizarre and illegal touching - the kind of touching that has actually sent other child psychiatrists and pediatricians to state prison for scores of years -- was nothing more than just a physical "exam."Judge Freeman disagreed, saying that the appellate court has ruled that this shows" intent." Weinberg's motion is denied. The testimony stays in.
Officer Rick Decker from the San Mateo PD was sitting with the prosecutor, who was wearing a tan suit and flowery low-cut blouse this morning.
There was also a tall, dark haired bearded man sitting with Solveig this morning, perhaps in his forties, with hunched shoulders, watching the proceedings intently. We suspect it may be Ayres' son Robert, in from Chicago. If this is confirmed, this would be the first appearance of either of Ayres' children to attend a hearing or the trial.
There was a woman with black hair sitting between ayres and Whineberg this morning. Is it because Whiney himself is starting to get the heebie jeebies from sitting next to the creature ? On the other hand, the woman is probably a lawyer who works for him. Possibly either Marilyn Waller or Nina Wilder.
The creature himself, in a grey suit, white shirt and dark tie, looked very grim and downcast. That's fine by us.
Solveig wore a cream jacket, brown slacks and orange shirt. Although that ubiquitous smile was plastered on her face, to many it appeared that she is actually close to tears.
In other matters, juror #92, a 77-year-old man, was excused from the trial because he has to take care of his 100 year old mother who is dying in Santa Rosa. We can't say for certain, but it appears that this man had already been picked to be a juror. We think it's going to be a lot more difficult to seat a jury for this case than the prosecution knows. What person in their right mind would want to sit through testimony about a pedophile during the fine summer months? Whoever is ultimately picked for the jury, we salute them for performing their civic duty.
The prosecutor and Weinberg are meeting in chambers with the judge for the rest of the morning. Motions in the courtroom continue this afternoon at 1:30 pm.
They're now talking about having opening arguments start on Tuesday, June 23, 2009.
Weren't there some commenters here who predicted that date? Some think arguments might not even start then.
Afternoon Session Update:
We were unable to attend the afternoon session, but we hear from someone who did that Weinberg is fighting to keep out three picture books found in Ayres' storage locker as evidence. The word "pornography" came up several times.
If anyone was in attendance we would like a report.
Afternoon Update Part Two

This just in from a courtroom spectator. There are three books that the prosecution wants in as evidence. They are illustrated books. One was noted as evidence back in 2006 but for some reason the police just added two new books they've had in their position since 2006 but just added as evidence this past May. The books are oversized and thick and were found in Ayres' storage locker. Two were found in a drawer and the other was found in a large envelope with the end torn off. Sgt. Mac Laner found the book in the envelope. The big red book is called "The Sex Book" ( not the one by Madonna, we presume.) A police officer, Chris Noa, testified that on the cover of the big white book they found , there was a picture of naked boys on the cover, but then he amended that to "naked children on the cover." He testified that he told Detective Rick Decker about this, but Decker testified he didn't remember anything about this. There was also testimony that Special Master William Nagel, the judge who oversaw the patient files seized from Ayres' storage locker, also saw the books when he was going through the files. The question is- why were two of these books not submitted into evidence until now? Weinberg, apparently had complained that three files of boys were missing, and when the police went looking for them in May, they found these two new books.
All we can say is, these books must not be good news for the doctor or otherwise Weinberg would not be fighting to keep them out of the trial.
Better late than never, San Mateo PD!

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


  1. Three or four days of lost time over groping. At least the motion is in the victims favor.

    A 77 year old juror would have been exempt. I think after 75 years old you do not have to serve on jury duty.

    But god bless the guy for showing up at age 77! Sounds like the jury pool is going dry. If they go through about 150 per day just on this case.

  2. How many jurors are there? (Roughly?)

  3. Was Solveig there?

  4. Do not have any confirmation on any jurors that have been picked.

  5. I mean no disresepct over the word groping, just to clarify.

    But what does Whiney want drawings, so that certain words are not used?

    Is Whiney going to object to words connected to sexual harrassment, sexual abuse etc.

    Maybe he should make a list of words he doesn't like.

  6. I have some words that I don't want to hear at the trial. Can I petition the judge with my list?

    not guilty
    motion to dismiss
    false memory
    medical examination
    expert (referring to defense "witness")
    Character Testimony

    And I would also like to petition the judge to ALLOW the use of ONE image rather than any words:

    A hangman's noose.

  7. Whineberg is just delaying the inevitable. It will be the third loss for him in a row when Ayres loses.

    Child porn trafficker Bernie Ward: In prison? Check.

    Murderer Phil Spector: In prison? Check.

    Pedophile William h. Ayres. In prison ? All signs point to yes by Labor Day.

  8. I second that......

    but from all accounts this case is starting to look a lot like the Titanic......

  9. Deep Sounding: Nice new photo montage. Can you explain to us why you posted that picture of a house? That wouldn't happen to be the good doctor's former house in Hillsbrough, would it - the one that one commenter called his "pride and joy" and that he had to sell in order to pay settlement money for a poor victim?

  10. Deep Sounding: Nice new photo montage. Can you explain to us why you posted that picture of a house? That wouldn't happen to be the good doctor's former house in Hillsbrough, would it - the one that one commenter called his "pride and joy" and that he had to sell in order to pay settlement money for a poor victim?

    Ding! You win the Kewpie Doll!

    Did you notice that the little images in the bottom left are beginning to fade?

  11. Oh yes that house has "pride and joy" painted all over it!

    Unfortunately, Bill Ayres is not the prideful nor joyful owner any longer.

    Sold! To pay legal bills......

    He owned it for 40 years, a lot of memories I am sure, but he can only reflect on those now in his rented condo.

  12. I checked back, I bet on June 22 for trial date, I bet Grey Goose!

    But if I bet that does it mean I win Grey Goose or have to give Grey

    Better brush up on my gambling skills....

  13. Here we go with the definitions again—

    Pronunciation: \ˈgrōp\
    Function: verb
    Inflected Form(s): groped; grop·ing
    Etymology: Middle English, from Old English grāpian; akin to Old English grīpan to seize
    Date: before 12th century
    intransitive verb
    1 : to feel about blindly or uncertainly in search (grope for the light switch)
    2 : to look for something blindly or uncertainly (grope for the right words)
    3 : to feel one's way
    transitive verb
    1 : feel up
    2 : to find (as one's way) by groping

    I don’t read anywhere that a grope is “palm toward whatever is being felt.” Nor do I recall any physician of either sex doing any sort of physical exam using the back of their hands. Must be the Ayres method—has the procedure been properly peer reviewed?

    What "definition" is next? Penis? Testes?

    I am somewhat dismayed at the lack of media coverage over what’s happened with Victoria Balfour. Are the mainstream media types afraid to take this one on? Because today it’s Balfour being tossed—tomorrow it might be one of you?

    The fact that the victim who made this description was called at all for something as ridiculous as this—well, hell has a special place for defense attorneys I guess. Alongside the child molesters.

  14. Has anyone offically asked for the witness list and is Victoria Balfour offically on it?

    Has Balfour flown back to New York?

    Has anybody from the DA's office even bothered to check on that!

  15. This is interesting to read. And after the jury is selected, things should get even MORE interesting. I can't wait to see what you all write here!!! Thanks for keeping us who cannot attend apprised of the

  16. Interesting about the possible pornography. I thought the storage locker only had patient records in it....but if Ayres had to hide his "possible" pornography collection from Solveig maybe he put it in the storage locker.

    What next, this case is certainly an example of pandora's box....

  17. We know they found a weird pseudo medical textbook during the search warrant in 2006. Some say it contained photos of boys' genitalia. What came up today was that there are three books. But if they had been outright porn, they would have arrested the doctor on the spot instead of waiting for over a year to arrest him.

    Whatever it is, must be bad for ayres cause Whiney is fighting to keep it out.

  18. If these were medical textbooks, teaching guides, clinical medical documents written by other M.D.'s, that would help Ayres, you know, a real medical protcol for his so called "exams".

    But clearly, if Weinberg wants these books not admitted as evidence they cannot possibly be books written by other "distinguished" medical professionals.

    They are either medical, clinical textbooks or they are not. I can't see any reason an attorney would want to suppress this evidence unless it is clearly not medical literature at all.

  19. We think the books have many photos of boys' genitalia and that they were very old books.

  20. Goldstein, Martin and Erwin J. Haeberle. The Sex Book: A Modern Pictorial Encyclopedia. New York: Herder and Herder, Inc., 1971.

    Maybe this is the book from 1971.
    Ayres says his practice was pediatrics based I am assuming a book like this was not geared towards kids, pre-teens, and early teens........

    Why would Weinberg want to suppress that if it was part of Ayres practice?

    I guess because unless he had parental consent a pictorial sex book might have been prohibited.

  21. You know, the idea Ayres even possessed such a book is just nasty.

    Yes, sexuality is a big thing in people, especially young people. But the boys sent to Ayres were not undergoing “therapy” because they were having problems of a sexual nature. To my knowledge, they weren’t sex fiends or deviants—they were adolescent boys who were doing what adolescent boys do and did—smoke a little pot, say no to your parents, ditch some school, whatever.

    If the good doctor had been a “sex therapist” that’s one thing. But even as liberal a society as we are today (sometimes a bad thing), I doubt there is much market for a child/adolescent sex therapist.

  22. Caligirl over at
    has a new post up on the good doctor.

    Thanks, Cali!

  23. IF the woman standing beside Mr. Weinberg has short dark hair, about 5' 3" tall and is of very small, wiry frame, that's very possibly Weinberg's para-legal, Susan Mattross (sp?), who sat next to Phil Spector all during his murder trial.