[Original post: 06/10/2010 11:45am ]
[Updates: 06/10/2010 11:12pm ]
In the matter of "doctor" william hamilton ayres "psychiatrist" accused of molesting many young boys under the guise of psychiatric treatment:[Updates: 06/10/2010 11:12pm ]
As usual, ayres was not present in the courtroom; out on his 977 waiver. There were several parents and supporters present as usual. There is no indication that press was present. (I'm sure there will be a little "as told to" or "As heard from..." report.) The judge was not the same judge who handled the trial (as was the case last time we were in court for competency hearing results.)
Both doctors charged with evaluating ayres' competence to assist in his own defense are in agreement:
ayres IS competent.
The judge had a copy of Dr. Singh's report, but not Dr. Good's report. (No idea if those are correct spellings.) Jonathan McDougall, ayres' attorney and Melissa McKowan, prosecutor, both confirmed to the judge that Dr. Good indicated what we all know to be true: ayres IS competent.
As we all know, McDougall's entire defense strategy is to delay until the molester is dead, or until all of the witnesses are dead or give up.
The judge had a copy of Dr. Singh's report, but not Dr. Good's report. (No idea if those are correct spellings.) Jonathan McDougall, ayres' attorney and Melissa McKowan, prosecutor, both confirmed to the judge that Dr. Good indicated what we all know to be true: ayres IS competent.
As we all know, McDougall's entire defense strategy is to delay until the molester is dead, or until all of the witnesses are dead or give up.
Therefore, McDougall stated that he would like to have a jury trial to determine if ayres is competent.
The jury trial to determine if ayres is competent will be held on:
October 4th, 2010 at 9am PST and is expected to last a week to 10 days.
Note that this date is also the start date for the second of the civil lawsuits against ayres to start trial. Something will have to give.
McDougall said that he expects to call about four witnesses. (Who were paid, no doubt, to conclude that ayres is a loon. Hopefully the jury will "get" that the two INDEPENDENT and IMPARTIAL doctors were not paid to find one way or the other. )
October 4th, 2010 at 9am PST and is expected to last a week to 10 days.
Note that this date is also the start date for the second of the civil lawsuits against ayres to start trial. Something will have to give.
McDougall said that he expects to call about four witnesses. (Who were paid, no doubt, to conclude that ayres is a loon. Hopefully the jury will "get" that the two INDEPENDENT and IMPARTIAL doctors were not paid to find one way or the other. )
The court sealed Dr. Singh's report, and I assume the same will happen to Dr. Good's report when it gets to the judge. The jury will get to see the reports during the competency trial, and presumably, they will be called as witnesses for the prosecution.
To repeat in case you think I've mistyped: Both evaluating doctors say ayres is competent. There will be a trial to determine competence.
"The Daily Journal" has posted their article. They mention that the name of the judge hearing the proceedings today was Judge Susan Etezadi. This is the same judge who sentenced a guy who had sex with a 12 year old girl multiple times to 1 year in jail (local jail.. not prison) and he doesn't have to register as a sex offender. I'm not sure why I'm complaining about the judge though... prosecutors were only asking for 2 years.
By the way: here are some other interesting stories about Etezadi's caseload:
Teacher takes plea in sexting case
Porn charges dropped against foster dad
Online prostitution case dismissed
Good thing they've moved her to the juvenile division in the wake of Diaz' transfer.
San Mateo County: Come and Have Sex With Our Children
(Jaunty music plays in the background...)
So two M.D.'s agree he is competent and we still move to trial? WTF.....all I can say is I completely give up on the justice system. I am so glad I did not vote for Wagstaffe!
ReplyDeleteWTF is RIGHT!!! How will this impact the civil trials scheduled at the same time?
ReplyDeleteJonathan McDougall:
ReplyDelete"You Pay, I Delay!"
"Scum sucking piece of excrement" doesn't make logical sense, but it sure seems to fit nicely for EVERYONE sitting over there on the left side of the room.
Civil trials will either go on with only a hung jury as a backdrop, or they'll delay as well.
ReplyDeleteRemember in a civil trial, the burden is very different, and a defendant can be found guilty even if there IS reasonable doubt. A hung jury may be enough to go on if transcripts can be introduced.
I really need to have someone explain the law to me - why are our taxpayer dollars paying for a jury trial when the Docs made the determination (Docs appointed by the court, right?) Please Explain the Law someone - Please!!
ReplyDeleteIt's his civil right to have a jury trial. If they're going to declare that he's incompetent and lock him up, he has the right to NOT have it rely on the say-so of just two doctors.
ReplyDeleteIf he were a young man, they probably would have expedited the process in this way:
If McDougall REALLY thought he was incompetent, they would either decide to just go with doctor reports, knowing that they'd say that he was incompetent.
For a jury trial, you have to have expert witnesses anyway, so this is just the first step.
In this case, McDougall is just taking advantage of the system because ayres is old:
Wait until the last minute to claim incompetence.
Hope for delays on the reports.
Go for Jury trial.
Maybe ayres will die before this gets to trial, and he ends up in jail. Everyone in town is hoping for this, except for the victims, who want some validation.
And by the way: I'm not holding my breath that the competency trial will happen on time.
ReplyDeleteI'm sure something can be cooked up in the meantime. Lord knows there's lots of stuff just laying around on the ground waiting to stub a toe or something.
Doesn't the Judge and protector of the people see through this sham of delays?
ReplyDeleteSeems to me they should revoke ayres bail and he can go to jail, I bet he would sign up for the right to a swift trial then.
I'd like to say some other mean, hateful things as I am very angry but it most likely won't do much good......but I will say this is extremely fucked up.
Maybe they will put ayres on the stand during the competency trial and he can talk about snapping towels when he was buck naked in school.
ReplyDeleteSo we can assume his problem is psychological?????
And this mini-trial will determine if he has a shred of f'n cheese left on his cracker?
I would say that fucked up child molesting perverted psychopathy is most definitely a "psychological" problem.
ReplyDeleteCivil trials do not proceed until the criminal trial is completed.
ReplyDeleteI'm told Decker is not the investigator anymore?? We FINALLY get an SMPD cop who gives a damn about these boys and we lose him??? We dserve an explanation...
ReplyDeleteReally? I hadn't heard that Decker was no longer on it. Was there a news story I missed somewhere? Any indication as to why?
ReplyDeleteWell, it has been a LOOONG time, and this is the kind of thing that McDelay likes to see happen I'm sure, over time people move, jobs change, etc..
Decker seems to me like a pretty good guy. I certainly wouldn't have wished this kind of case on anyone. He IS exactly the kind of person you need on the case though... he has a very trustworthy demeanor.
Decker was still on the case as of less than two weeks ago. A new victim (out of statute) had come forward and Decker was going to be the one who called him.
ReplyDeleteAccording to San Mateo Deputy Police Chief Mike Callagy today, June 21, 2010, Detective Decker is still on the Ayres case.
ReplyDeleteGeez, I hope that wasn't a TROLL trying to spread anxiety among the victims here about Decker.
The trolls abound here. Lots of creepy lurkers who like little boys, and don't want to see their pals locked up. Lobby Lobby Lobby, Distract, Distract, Distract.
ReplyDeleteThanks for the clarification that Decker is NOT off the case!