Friday, June 17, 2011

Competency Trial - Mistrial Declared

The competency trial for william hamilton ayres has ended in mistrial.

[Original Post by DS: 06/17/2011 6:53PM PST]
[Updates by DS: 06/18/2011 7:30AM PST]

According to the San Francisco Examiner, DA Wagstaffe has indicated that:
The case will continue next week, when the judge and attorneys will decide whether to retry the competency issue. Otherwise, Ayres is considered competent.

On the flip side, Joshua Melvin's article in the Mercury News indicates that prosecutor McKowan and Defense attorney McDougall will meet in court on Friday, June 24, 2011 to decide what to do next. 

Further, Melvin's article indicates that:
If prosecutors decide against a second competency trial, it could mean the end of the case against Ayres. He cannot be retried on the criminal charges until he's deemed competent.
There seems to be some conflicting information out there, but I think that it's likely that the story in the Examiner is either misquoting DA Wagstaffe, or Wagstaffe was just puffing up after a blow. Melvin seems to pay pretty good attention to these kinds of details.

On a personal note: I'm obviously very upset about the outcome ( As you can tell by my comments immediately after the post of this article. ) I've had it with all of the parties involved, and the continual delay tactic of the defense is holding grievous old wounds open. I'm not sleeping anymore and my health is poor.

In the past, I've switched between leaving comments open and moderating them first. Every time there is a setback, a select few people come out of the woodwork to attack me, a victim of william hamilton ayres, for stating my mind openly and frankly. They all fit into the category of either family and friends of the soulless subhuman ayres, or they are sick individuals with problems on par with ayres'.

I will not be posting for a few days.  In 24 hours this blog will autmatically send all comments to moderation, meaning that any comments that you have will wait until I decide to review them. So all of you asshole ayres supporters out there need to get your shots in now... 



  2. Actually, because the defense bears the burden of the proof, a mistrial means that he is COMPETENT, you moron.


  4. Doesn't take a genius, I'm afraid.

  5. I have been following this case since 2009 I do consider the fact that he molested children but take in consideration the man is not in his senses.

  6. Retry it as soon as possible, this was a very young jury,
    If they had paid attention, they would have seen Ayres taking notes and assisting his attorney when the prosecutor's witness took the stand. he did not do this with his witnesses.

    Michael G. Stogner

  7. @liberal1:

    If you "take in (sic) consideration" of a molester's mental state over consideration for the damage that he has done to a multitude of young boys, then you yourself need a mental evaluation.

    I'd recommend a good shrink, but alas, they don't exist.


    If prosecutors decide against a second competency trial, it could mean the end of the case against Ayres. He cannot be retried on the criminal charges until he's deemed competent. And because dementia is a progressive disorder that attacks a person's memory, it is an unlikely he will get better.


    Thank you Steve Wagstaffe's office for totally screwing up what experts say was a slam dunk case and for failing to monitor your prosecutor on the first criminal trial.

    Meanwhile in the four years since Ayres was arrested, around the country other DA's offices have prosecuted and convicted other pedophile doctors.

  9. Who's the weirdo who writes all in caps?

  10. The first criminal trial for Ayres was supposed to be a slam dunk, according to legal experts, but the San Mateo DA messed that up too by never bothering to check Ayres' bogus assertions that he was trained to give genital exams to boys in therapy in Boston.

  11. The failure of the San Mateo District Attorney's office to investigate Ayres' claims about his training and the subsequent attempts by the prosecutor to cover this up by making inconsistent and false statements on this matter must be investigated further.

  12. One of the jurors in the first Ayres criminal trial said recently that during jury selection in the first trial prosecutor Mckowan didn't "give a rat's ass" about it; just rushed through and barely took any time to ask the jurors questions. This juror later served on another jury and was impressed by how carefully and thoughtfully the lawyers picked a jury.

    Sounds like Mckowan didn't give a rat's ass about this jury either.

  13. I am a Psychologist practicing in this county, specializing in treating sexual abuse. I feel Ayres is very guilty, and am saddened that justice has not yet been served. My hope is that all of us, especially the prosecution, keep trying. He is an sociopath, no doubt and his arrogance and pervasive denial is VERY disturbing. My sincere empathy to all of this victims. It will be very sad if he gets away with it.

  14. San Mateo County Times Executive Editor Glenn Rabinowitz told a reporter in 2010 that the San Mateo DA's office has been "ambivalent" about the Ayres case from the beginning and have sent mixed signals about convicting him.

    Here's one possible reason for the ambivalence:

    Although Steve Wagstaffe has told many people that the DA's office never used Ayres to evaluate boys, that is a false statement. Ayres himself has said that the DA's office has hired him over the years. Rabinowitz of the County Times believes that the DA's office fears a slew of lawsuits if Ayres is convicted.

    There is not just incompetence at play here in the San Mateo District Attorney's office, but clearly a conflict of interest.

    At this point, the Attorney General's office needs to step in and get this job done. Because victims are NOT going to get justice if the same prosecutor stays on the case as well as the San Mateo DA's office.

  15. It is a travesty.
    I sure hope the investigation of the DA's Office for incompetance (deliberately throwing this case) leads to an investigation of the whole County system that protects/ed this man for decades.
    ayres is not incompetant, the DA is!

  16. Theres got to be a reason why the jury thinks he is incompetent come on 8/4.

  17. Again, what a jury finds often has little to do with reality. Two of the two original IMPARTIAL Doctors found him to be ok. Then we find that the one who changed her mind at the last second seemed to have done it with some reluctance, and a THIRD IMPARTIAL doctor finds him to be competent. The flakey chickie who was paid $250 per hour had to recant some of what the prosecutor called LIES UNDER OATH, Another was paid $20,000 for their opinion. Yeah... something out of whack, but whatever it is, it's out of whack in your head too, apparently.

  18. Well again these people are experts there is reason why Sighn found different results the second time it would change your mind to

  19. "Theres got to be a reason why the jury thinks he is incompetent come on 8/4."

    Could be lots of reasons ....This was a very young jury, when they sit there knowing that they are getting $15.00 per day and these expert witnesses are making $20,000 for their work and $250.00 per hour to lie to the court....There is some $$$ jealously there. They want to get out as soon as possible.

    I would like to see how the vote went.

    Don't forget this was Dr. William Ayres idea to be found incompetent... He instigated this strategy.He failed to do so...ergo he is competent....Brilliant attempt.

    Michael G. Stogner

  20. Michael Stogner suggested there might be" money jealousy" among the jurors. Um, no.

    Think big picture: lawsuits against the DA's office; Children's Services; the Private Defender's Association; the San Mateo school system that sent their children to Ayres if there was a conviction.

    McDougall was a prosecutor in the DA's office for 14 years. Think backroom deal.

    According to Today Show legal expert Wendy Murphy, "DA's throwing cases is not new. Even the IDEA of Ayres being incompetent is so silly- it seems like a setup."

    Remember folks, the FBI is investigating DA Steve Wagstaffe for corruption. This bizarre turn of events might be another piece of this.