Monday, August 1, 2011

August 22nd Re-trial Still Scheduled

August 1, 2011 Status Conference:

8:35: McDougall arrives for the 8:45 conference.

8:50 McKowan arrives.

8:50 Both go back into chambers.

8:58 McDougall and McKowan come out, McDougall notes for the record that trial is still set for the 22nd, both attorneys leave; McDougall for another courtroom.

It is unknown at this time if there are any further conferences scheduled. I'll post if I hear anything from anyone else.


  1. Not buying this for a minute. Someone better check the DA's office daily, as they are sure to be doing some more of their double-secret status meetings.

    This sounds more like the meetings held before a civil trial, where at the last minute there's some settlement that avoids a trial altogether.

  2. I agree.

    Notice the title of the post: "Still Scheduled"

  3. It speaks VOLUME that the parents of victims no longer feel comfortable asking the prosecutor about what is going on.

    Of course, the DA's office continues their policy of not notifying victims about hearings- a clear violation of Marsy's Law.

  4. Bronx priest, 87, busted for molesting girl:

  5. Read in a prior comment that one reason that the jurers couldn't come to a decision was that a couple of the jurers still believed that he may have been trained to do these exams. Still waiting to here why he would have to do any medical exams to the son of a pediatrician, like I was. Only time I get contacted is by Vicky and in the initial civil case. While it happened to me in 1974 and is out of the jurisdiction period I believe that a history of this abuse couold be brought into evidence. Not a lawyer just an impatient victom.
    David Gross

  6. Hi David,

    Thanks for your comments. I think that's been a common circumstance for the victims. We've mostly had to get information on our own.

    For the out-of-statute victims, the judge (Freeman) allowed only FOUR, and apparently the prosecutor hoped to have at least ten.

    Apparently, the judge stated that she didn't want it to appear to the jury that they were loading up on ayres, or throwing the book at him.

    (See the original blog post for initial reporting on this.

    Seems to me that lots of San Mateo County agencies and doctors ganged up on the victims in all of the standing around with their thumbs up their asses (Many still have their thumbs stuck...) that they were doing. Turnabout is fair play, I say: they should have allowed EVERYONE who filed a complaint to testify.

    Didn't take long for them to twist the truth into a lie so that they could protect their precious county, did it?

  7. David-

    Thanks for your comment. It's very sad, but MANY out of statute victims like yourself were never contacted by the DA's office. One victim kept calling the prosecutor for two years and his calls were never returned. All of the victims should have been contacted but it appears that the DA's office wasn't going out of their way for this case.

  8. Don't bother going to Deputy Attorney General Deborah Bain in the Crime Victims' Services unit of the California Attorney General's office to complain about the way the victims were mistreated by the San Mateo DA's office. She will just tell you that she "has no jurisdiction." No interest in the victims' stories and no compassion.

  9. Don't know if it will do any good, but my dad was the pediatrician
    for both Fienstien, and Boxers kids. My other half and I have contacted their offices before on other issues at least by e-mail, and it seems that we got some results though I can't say that it was directly do to our contact. Would it do any good for me to E-mail their offices and name drop.
    David Gross

  10. David --
    Yes, absolutely contact them!

  11. Prosecutor Mckowan told two mothers of victims about nine months ago that "Ayres would be found mentally incompetent."

    Huh? On what basis was she making that prediction? Especially as he ably assisted in the picking of the jury in his mental competency trial; was overheard cracking jokes and having a perfectly lucid conversation with his wife and lawyer. And more importantly, his medical colleagues have reported that he is out and about, acting perfectly normal and lucid.

    There have also been reports that he is not using a walker when he is out and about.

    Also, a prosecutor who was eager to try Ayres would never say something like that.

  12. Despite the fact that

    a) medical colleagues have reported seeing Ayres out and about, acting perfectly mentally competent within the last two weeks (and without his walker!)
    b) despite the fact that Ayres' ably assisted in the selection of his jury for the mental competency retrial and that the only time he took notes was when a prosecution expert witness testified that he was competent to stand trial, and was overheard laughing and cracking jokes with his lawyer and wife during a courtroom break....

    Now word comes down that Ayres' lawyer attorney is pushing to cut a deal for him to go into a lockdown dementia facility, and that if they can find one that will take him, all sides will agree. Apparently the "prosecutor" Melissa Mckowan does not believe a jury will ever return a finding of competence and thus a criminal retrial is pretty much an impossibility.

    Hmm. What we are hearing from a a pro tem judge who was in the Redwood City courthouse when the mistrial for the mental competency occurred was that the San Mateo DA's office just doesn't want to spend any more money on the Ayres case.

    Too bad the DA's office didn't act on that rape complaint on Ayres that came in to their office in 2008..... Too bad they haven't sanctioned the prosecutor for making false statements and hiding inculpatory evidence..

    Not to worry! This isn't the last chapter- not by a long shot.