Monday, July 27, 2009

Jury Deliberation - Day 10: Monday 07/27/2009

The jury is in day ten of deliberation.
In case you missed it:
Wednesday, July 22nd one juror was dismissed and replaced with an alternate.
Friday, July 17th, one juror was dismissed and replaced with an alternate.

I ought to be ashamed, but I never remember anything whatever except humiliation. If by some lucky chance there had been humiliation mixed in, I could remember every detail of that day for a thousand years. -Mark Twain

Make sure you check out Monday's Memorable Artwork over at Patient Advocate's site!

Monday, July 27th 06:50AM PST:
And so we begin another day. Our Ninja Squad is suiting up.

Monday, July 27th 08:45AM PST:
First juror shows at 8:35. Weinberg shows up at 8:37, doing the blowfish cheeks thing, following closely behind the group of jurors as they enter. Spot a gaggle of jurors, and there you'll find Weinberg, closer than social convention allows. Maybe he's spinning innuendo with which to mislead the press, when they phone him at the end of the day.

The group of jurors goes into the courthouse at the same time, for the most part. It seems that they're getting here early of late, more than they were when the evidence was being presented. They are looking pensive, the foreman is not looking resolved.

Monday, July 27th 09:10AM PST:
McKowan and Weinberg were in the courtroom until about 9:05AM, and then both came out discussing something. "Defense Expert" was mentioned. McKowan left shortly afterwards, but Weinberg is still milling about.

Monday, July 27th 09:30AM PST:
McKowan and Weinberg are waiting for an appointment time to open up to see the judge. (Other stuff is going on in the courtroom today, they waited around for about 15 min before asking for an appointment.)

Monday, July 27th 01:30PM PST:
The jury was not spotted at lunch. Speculation in comments to this thread are that the reason McKowan and Weinberg needed to meet with the judge was either for a read-back, or could be discussion of a plea deal. (Personally I think this is unlikely, but I really have no experience in this area.)

Monday, July 27th 02:10PM PST:
McKowan and Weinberg met with the judge for about 5 minutes. Probably regarding read backs. When they came back out, Weinberg didn't look happy, and McKowan had a bit of a swagger in her step.

It is very likely that we will not make it to court in time once the jury has reached a verdict. Once the jury has reached a verdict, it can be as little as a half an hour between the time that we will get a call and it is read in court. We will post as soon as we have confirmation of verdict.
Courtroom 2L
Superior Court Clerk's office: 650-599-1170
ayres' criminal case number:SC064366


  1. Here's yet another child psychiatrist: Dr. Alan Horowitz who was convicted of molesting boys.

    Horowitz, magna cum laude graduate of Harvard, received his Ph.D. and medical degree from Duke University.

    His resume also includes volunteering time as a Boy Scout leader and being a writer for NAMBLA (North American Man/Boy Love Association) publications.
    He was convicted of molesting boys(including raping some victims). He fled the US after being convicted of child molestation. He was then featured on Americas Most Wanted and spotted in India. He was extradited back to the US, where he is now housed in a federal prison.

  2. DS,

    Best Mark Twain quote yet. I had never read that one! Excellent.

  3. “The humorist who invented trial by jury played a colossal practical joke upon the world, but since we have the system we ought to try and respect it. A thing which is not thoroughly easy to do, when we reflect that by command of the law a criminal juror must be an intellectual vacuum, attached to a melting heart and perfectly macaronian bowels of compassion.

    Mark Twain
    -"Foster's Case," New York Tribune, 3/10/1873

    “An ignorance so shining and conspicuous as yours--now I have it--go on a jury. That is your place.

    Mark Twain
    - New York Weekly, 7/14/1873 (letter originally written to Josh Billings, 3/1873)

  4. "McKowan and Weinberg were in the courtroom until about 9:05AM, and then both came out discussing something."

    This can only mean a question from the jury or a request for a read back.

  5. To Anonymous at July 27, 2009 9:00 AM:

    Interesting quotes. Did you have some commentary of your own to add?

  6. My commentary seems to be continually misconstrued here, so I will avoid controversy—at lest for today.

    However, I am a lifetime Twain fan and find that some of his best works are his humorous short pieces.

    My favorites are "Jim Blain’s Story of the Old Ram" and "The Pen is Mightier than the Sword".

    I would like to say that some people are not as monolithic or partisan as some like to believe here and are actually fair thinking actual human beings that simply see things differently from others from time to time.

    PS: I guess we are in a sense imprinted with our early childhood experiences. My earliest childhood memory is of being falsely accused of stealing a bike horn by a gang of "older" kids--at age 3. So I guess you know how I am wired.

    Happy jury chasing……

  7. Perhaps your commentary is not so much "misconstrued" but rather your subtle but consistent passive-aggressive tone is simply not appreciated.

  8. Well said, DS, and spot on regarding the commentary of "anonymous 9:49am". This person has revealed nothing short of passive aggression in his/her writing, not to mention a bitter, judgemental, sarcastic and condescending attitude. I guess peace and happiness have not yet been found after all.

    It seems the experience of being accused of stealing a bike horn at age 3 by older kids have imprinted a defensive attitude towards others ever since. I guess there are still some things "lived it" needs to let go. Maybe admitting that early experience is still affecting him/her is a start.

  9. If there is any jury chasing its being done by Doron Weinberg. Last week I saw him go to a table that was next to the area were the jury had just finished having lunch. He was there so fast, within 1 minute.

  10. More MT quotes for our resident passive-aggressive, Anonymous 9:00am:

    "It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt."

    "Get your facts first, and then you can distort them as much as you please."

    And, finally, one I wish had been used in the trial:

    "If you tell the truth you don't have to remember anything."

  11. "If you tell the truth you don't have to remember anything."

    That quotation simply means that as a truth teller you don’t have to keep track of various false stories you have told in the past.

    It does not address a professed lack of memory of details of one’s testimony in court, or suggest that a failed memory is indicative of truth telling.

  12. I said this morning that the McKowan-Weinberg confab + request for meting with the court this morning “…can only mean a question from the jury or a request for a read back.”

    But it just occurred to me that this report could also indicate that the People and the Defense wish to enter into a plea agreement.

  13. Meaning what, Anonymous 12:42? (I'm not as legalistically knowledgeable as some of you.)

  14. Meaning that it is also possible that The People of The State of California (the prosecution) and William Hamilton Ayres (the defendant) have, through their respective counsel, reached a settlement of the case whereby the defendant will plead guilty or no contest to certain offenses with a stipulated punishment.

    I do not have any inside information about this, but if in fact if the prosecutor and defense counsel are meting with the trial judge today that is one possibility in addition to a read back request by the jury.

    This is not exactly your typical jury deliberation, so anything is possibility--but I left one glaring possibility (at least) out of my earlier post.

    Of course, other permutations are possible—including the possibility that the prosecution has been informed of further jury misconduct.

    But based on the reports from the dismissed (for cause) juror, a stipulated disposition (“plea bargain” in lay language) is not impossible.

  15. Very interesting. Thank you for the explanation. Sounds better than a hung jury, no?