The tall thin dismissed juror talked to us for an hour after she was dismissed. She said that the younger women on the jury (one is the nail picker) held the victims' feet to the fire when it came to peripheral details of the victims' recall memory, thereby discounting their credibility in its entirety. One of the younger women just out of law school said, " I believe they believe they are telling the truth, but I don't believe they are." When the tall thin juror asked for readback of the deposition to point out how Ayres' story had changed from 2004 until now,there was a bit of a resistance. She had to keep asking for it. One of the young women jurors tended to be too myopic about details, she said, and if things couldn't be resolved she'd go off on a tangent.
This woman juror was dismissed because she had a memory that came back to her in the jury box during testimony- something she did not recall during voir dire. She told the jurors that if she could have a memory come back to her, so could the victims. Someone complained anonymously (it might have been the nail picker juror) after deliberations yesterday either to the judge This morning, the burly foreman was called in - twice. Then the tall thin woman was called in. For some reason the judge let her go so as to not jeopardize the trial in any way. She was being cautious so as not to give any justification for a mistrial. But when Weinberg tried to have a mistrial called because of this woman's memory resurfacing and telling the jurors, the judge would not permit it.
The new juror picked was a young male, who has a sweet face with dark hair and facial hair and is married. He was attentive but did not take notes but to us does not look like a strong juror. But you never know- he could surprise us.
The other piece of good news is that the jury hadn't finished looking at all the victims' cases when she was dismissed. They still had two more victims to look at . Now of course with the new juror they have to start all over again.
Two other people on the jury so far are for conviction of all counts for the four victims whose cases they had reviewed by the end of the day on Thursday. In addition, one other person believes Ayres is guilty but is waffling on evidence. Several others say they could go either way.
We heard that the nailpicker girl commented that it was "creepy" that the parents of the victims were waiting in the hall. The tall thin dismissed juror shot back "If my son had been molested, I would be camped out in the hall."
Interestingly enough, the juror who was dismissed was an alternate on the Joe Hunt Billionaire Boy's Club trial ( in which he represented himself in San Mateo and was found not guilty. Hunt is serving time for the murder of a man in LA however.
The jurors are now being sequestered during the day and have to start all over again with a new juror.
For reporters who are contacting us to get the scoop: all we can say is: you should have been at the courthouse yourself. The juror would have talked to you. She doesn't want to talk now.
We are very disappointed in the Bay Area media for not being there.
It is possible that with the new male juror that the dynamics could change. Perhaps he might come out strong for conviction on at least one count. And it should be noted that he is the only male on the jury (there are now 4) who is right around the age of most of the in statute victims. It's hard to tell what impact this will have on his decision making. However, during a break in closing arguments , we did spot him having a joke and a male bonding moment with the other three men in the hall.
Let's not give up hope in entirety. This juror we spoke to thinks there's about an "80 per cent chance" of a hung jury but you never know.
We can live with a hung jury.
It will be very interesting to see what the naysayers say when they realize there are 42 victims and the $400,000 lawsuit with one of the victims and the nude boy books in Ayres' collection.
[DS - Editorial: I think the DSM-IV definition of pedophilia might also have been enlightening for the jury.]