[Updates by DS: 06/09/2011 04:10PM PST]
[Updates by DS: 06/09/2011 11:45PM PST]
NO TESTIMONY FRIDAY
According to observers on the scene, there will be no court proceedings tomorrow, Friday June 10, 2011.
The trial proceedings will continue Monday June 13, 2011, at 9AM.
News Articles from Trial Day Four:
According to Chanel 2 KTVU News reports, opening statements have occurred and:
McDougall is claiming that ayres is too ill to face retrial, and that he can't remember such things as what he had for dinner, and his son Robert's name.
The prosecution has conceded that the court appointed doctors say there there is some degradation of capacity, but that he is well enough to understand the charges against him, and fit to stand trial.
Diana Samuels has also covered the story in this afternoon's MercuryNews:
The article highlights the first defense witness: Solveig ayres, william ayres' wife. Solveig details several "forgetful" behaviors that she alleges ayres has experienced. She claims that ayres was "worried" because he could not remember the names of victims who testified against him in his molestation trial.
The MercuryNews article also says that McDougall could call as many as seven witnesses, and that the Prosecutor stated: "I will never disagree with the fact that he has some cognitive impairment [...] That is going to be obvious."
There is a good amount of detail in the article, so make sure to go read it.
The San Mateo Daily Journal has an article tonight, with quite a bit of detail about the prosecutor's cross examination of Solveig, as well as references to ayres' adept sparring with the prosecutor during the first criminal trial.
The San Mateo Patch reports that on cross examination, the prosecutor asked Solvig if she was aware that if a jury found her husband incompetent, he could avoid a criminal trial and a jail sentence, and the couple could possibly live on together like before.
From observers in the courtroom today, we heard the following:
From one observer, we heard that the trial was underway at 9:15AM and that Solveig, (ayres' wife) has taken the stand, and that she said that he has difficulty remembering stuff, including his son's name and words from lists.
From another observer, we heard about some of the doctor's testimony:
A neurologist, Dr. Robert Telfer, that ayres went to see a few months after his first criminal molestation trial on the recommendation of his primary care physician, (Dr. Rizzo, or Ritzo) testified that he put ayres on Aricept for treatment of Alzheimer's (or the dementia related to it) but that ayres didn't take to it, so they took him off of it. He also reported that ayres said that his father had suffered Alzheimer's. The person reporting this said that the neurologist was very measured and considered on the stand.
In July 2010, ayres had an MRI that showed minimal shrinkage of the brain (apparently normal for ayres' age)
Also noted by our observer was that ayres got a 26 out of 30 on his first mini-mental state examination (MMSE or Folstein test) but the second time he took it he scored 29 out of 30. This is significant information, for a few reasons. According to published information, a score of 25 or better is considered to be "normal." Further, the observer, who has knowledge of the results of these tests said that the scores trend lower over time in an Alzheimer's patient.
Apparently in November 2010, another doctor in who ayres was referred to stated that ayres "probably" had Alzheimer's but "wasn't sure" and that it was hard to tell. (It wasn't clear if this doctor testified, or was included in the testimony of Dr. Telfer.)
It was stated that an MRI that ayres had did NOT show "white matter" that usually shows up in Alzheimer's patients.
The 14 person jury is very young, mostly men, and appeared to the observer to be bored and/or dis-interested in the testimony.
Many of the articles and descriptions from today discuss Solveig's testimony, about forgetting their son's name once, about not remembering what was for dinner last night, about sometimes forgetting words or names, and that ayres then makes lists of words he forgets or accidentally substitutes.
The prosecutor is reported to have pointed out that this kind of logical processing indicates that while ayres might forget words occasionally, the capacity to understand is still all there..
The first thought I had when I read about forgetting the occasional word, not remembering dinner, etc.. is: STRESS.
I have these kind of moments myself, and have had for quite some time. ESPECIALLY when there is high stress.
In fact, I have experienced these symptoms frequently over the last few years, every time ayres has a trial or hearing, or yet another trial is delayed. I forget the word I have just on the tip of my tongue, I say the wrong, but similar sounding word sometimes (less frequently) and ever since this morning, I've been wracking my brain trying to remember what I had for dinner last night (nope.. no drinking or other mind altering substances) I still can't remember. I do recall that we were going to order pizza, but then we didn't. No clue. I don't think I was experiencing dementia or Alzheimer's. I do know that I was stressed though.
If I'm stressed about the fact that the guy who molested me as a child is on trial, I'm betting that he's pretty good and worked up about facing jail time.
That ain't dementia or Alzheimer's. Cut the crap, and stop malingering. It's pathetic. Man-up, asshole.