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!

Th

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