Thursday, August 6, 2009

The Rumor Everyone's Been Waiting For - Maybe

Well, I have heard a RUMOR: re-trial is a GO.

The press is reporting that NO DECISION has been made yet, based on comments made today by Melissa McKowan.

Our source is a fairly highly placed source.

Aside from that rumor, I was already fairly confident that a decision had been made in this matter yesterday, based some specific uptakes in site metrics, but did not know what the decision was at that point.

I assume at this point that this means that the plan is that at the August 28th hearing, the DA's office will officially tell the court that they will go ahead and schedule a retrial, unless the defense proposes a suitable plea bargain in the mean time.

Again, rumors and assumptions, accompanied by a "no decision yet" quote from McKowan.

I have no more helpful details at this point. No news is... Well, No News.


  1. I would bet money that a re-trial is definitely in the cards!

    Perhaps I should go see a spiritual advisor to confirm that!

  2. That is very good news for the many people who wish closure in this case.

  3. It's not a rumor. Judge Freeman told a friend of mine who works in the courthouse that the trial is definitely a go. This conversation took place yesterday, August 4.

    Freeman volunteered the information to my friend.

    The DA just can't say anything official yet, but Freeman told my friend that it's a definite go.

  4. Can the DA ask for more out of statute victims to testify?

  5. I had a feeling with the jury leaning toward conviction that the decision for a retry in the Ayres case was probably made after DDA McKowan interviewed the jurors ( which was done within two days of the mistrial).

    The rumor has been around for a while that it was a done deal.

    It is the right thing to do.

  6. It's definitely a positive to have the "charges dropped" scenario off the table.

  7. I see from the posted news article why a retrial is no done deal.

    4 out of 9 couns is quite different that 6 out of 9.

    Quite different.

    And your "sources" gave you incorrect information.

  8. There does seem to be an error in reporting somewhere.

    Our "sources" when we printed the vote split were here:

    The San Francisco Chronicle you knew at the time that you posted this comment.

    And you also know that 4 out of 9 is good enough for re-trial.

    What a fine thing it is to have an intellect, and room enough in the seat of your breeches to hold it.
    -Mark Twain

  9. Hey Anonymous 4:36:

    Get firefox! Built in spell check!

  10. Are they working on a "Head-way-the-hell-up-your-ass" checker over there at FireFox?

    Cause THAT would be handy!

  11. Deep Sounding, thanks for the updates.....please keep your blog open....maybe cover some other cases while we are waiting for round two.

    Karma will eventually catch up with the hold out juror.
    I am sad that these victims will have to go through this again.

    Question? What do you think would be an acceptable plea deal?

    September MOO

  12. I think an acceptable plea deal would be nothing less than 4 years in prison.

    Probation or freedom should not be an option.

    Jail time.

  13. August 5, 2009 at $:36 pm:

    The official count was that it was 11-1 for six out of the nine counts.

    Just wondering why you seem to be so bitter about this case?Is it because your man Weinberg didn't win an acquittal?

    Or are you still sore that Weinberg lost the Phil Spector case?

  14. I'm a bit more brutal than that I'm afraid.

    One count of 288(a) is punishable by up to 8 years (I think that's correct, based on what I'm reading).

    I think a guilty plea on 6 felony counts with at least 4 years on each count (probably means out in 2 yrs) consecutively served would keep me from being completely enraged. That's maybe 12 years if he keeps his nose clean.

    I'm fairly certain that I'm going to be completely enraged by the outcome, even if he goes to trial and is convicted on 9 counts.

    I have some extensive commentary on sentencing that I'm outlining right now for a later post. I'll bore/enrage you all with the details sometime. But not anytime soon.

  15. I forgot to add that if the Beast took a plea deal he has to admit that he is guilty as charged!

  16. Yes. That IS a big selling point for me. In fact, it's HUGE.

    But you know what? I've had a bit of a chance to actually think about all of this shit for awhile. There are some young in-statute guys out there and some out of statute guys who were on the stand, and probably will be again...

    I have to offer my plea bargain opinion to them as a proxy vote, whatever they say is what I will offer as my opinion. Not that it will ever come down to that...

  17. Remember, back in the spring Weinberg offered to have Ayres plead guilty- provided that he do no jail time.