[Original Post: 04/25/2012 1:25PM PST: DS]
On April 25, 2012, Probate Case 122027 was heard, relating to the medical conservatorship of william hamilton ayres who is currently in custody at Napa State Hospital after using an incompetency defense to avoid re-trial for his molestation of many young boys while he was alleging to provide psychiatric care.
Background:
Prior to re-trial in his criminal case, ayres’ scumbag attorney claimed that ayres was mentally deteriorating, and in spite of the fact that both court appointed doctors determined that ayres was competent, he opted for a competency trial, which ended with the jury deadlocked. Subsequently the molester william ayres was locked up at Napa State Hospital, per laws that require lockup for at least six months in the case of a defendant claiming incompetence for violent, dangerous or heinous sexual offense related charges. ayres has been locked up for six months, give or take a few days.
Scumbag McDougall, ayres’ attorney, says that ayres is struggling with life at Napa. (Kinda shitty to lock up perfectly sane shrinks in a mental institution, if you ask me, but given the fact that ayres is evil incarnate, It doesn't actually matter.)
On this coming Friday, April 27, 2012, there is a 9AM hearing for the criminal trail. The molester’s scumbag attorney will be motioning to have ayres released from Napa, and put into outpatient care in a facility with the minimum necessary security.
In order to prepare for the criminal hearing, Solveig Ayres, the molester’s wife, is having the molester’s daughter Barbara appointed as conservator of ayres for medical decisions. This is a gambit to show the court that they are proactively planning for the molester’s release back into society. Solveig had clearly planned to walk out of the courtroom with conservatorship papers in hand so that they would already be completed for Friday’s hearing.
Today’s Hearing:
There were two probate cases to be heard at 9:00am by Judge Robert Foiles, the first was very brief, the second was the ayres hearing.
Solveig and Barbara Ayres were both present in the courtroom with Solveig’s attorney Robert J. Brady.
In case anyone is interested, Solveig was wearing her usual blue/teal “my husband likes to stick his fingers in 10-year-old boy-anus, and I don’t care” court jacket. Barbara wears pants, so it was pants and a conservative, muted burgundy/black jacket for her. Attorney Brady wore a muted suit. The bailiff was dressed as a mostly bored sheriff’s deputy, and the Judge was in all black... a robe, I think. Thus ends the fashion observations portion of the report, with a nod and wink to some fellow bloggers.
At 9:10am, the ayres conservatorship was on the docket:
Brady had two points of discussion apart from all of the submitted paperwork:
He asked to withdraw the petition for dementia authorities. This relates to the request in conservatorship documentation that Barbara Ayres have authority to control the administration of the molester's dementia medication. To me, this seems an odd thing to request, given that they are arguing that ayres is so far gone that he can't behave like a man and go to trial and face the children that he molested. In the competency trial, Dr Telfer, ayres' physician, noted that they had prescribed dementia medication but that ayres "didn't take to it..."
Brady's second point was to re-affirm the request for “medical capacity” report. Brady stated that in the past week, Amanda Gregory did another evaluation of ayres. Brady said that he had an EMAIL copy of Gregory’s “declaration of capacity” but that he didn’t have the original with him. (Are ANY of these ass-hats EVER prepared for court ahead of time?) He says the report shows that ayres doesn’t have medical capacity currently. - This contradicts the paperwork filed by the molester’s scumbag attorney McDougall
Note also, that Gregory was one of the testimony-for-hire doctors that ayres used to claim that he was not competent during his competency trial. If you recall, Gregory was asked by the prosecution if she used any tests with stringent criteria that could be corroborated with results/review from other doctors. Gregory stated that she hadn’t and that she just used her own independent assessment. Some of the tests indicated the same general, minor deficiencies as other doctors -- who claimed that ayres IS competent – and yet Gregory categorically stated that ayres is not competent during the trial. The prosecution pointed out that no one else would be able to comment on her assessment as there was no test record to corroborate her conclusion. (Read about Gregory’s testimony here.)
Brady pointed out that Gregory’s declaration counters Dr. Telfer’s “belief” included in the filed conservatorship paperwork that ayres IS IN FACT competent to manage his own medical care. (Echoing his somewhat hedging testimony in the competency trial.)
There was discussion of the upcoming criminal hearing about child molester william ayres’ request to be released into outpatient care, and the 1370 report. (The 1370 report relates to the law that allows defendants in certain Felony cases who claim incompetence and are a danger to society, to be put in a State mental health lockup facility for a minimum of six months.)
Judge Foiles felt that it was premature to decide conservatorship, pending the outcome of Friday’s hearing. He said that it’s not urgent right now, and that he assumed that ayres would be under the jurisdiction of the criminal court for some time, even if ayres is released to outpatient status.
Brady dissembled a bit at this point, calling the court logical and stating that he agreed. But… then he stated that his reason for doing this at this time was to prepare for “a possibility” and that “the effort is being made to cover a base.” He did not spell out what that “possibility” was, but there was a pregnant pause while he grasped, and ultimately failed to find, a concluding sentence.
Judge Foiles interrupted and said “we are almost… we are in synch.” But…. then went on to re-state his position.
Brady then reiterated that he was covering a base, and he stated that ““Doctor” ayres is not going to get better”; leaving the implication that they should just go ahead and approve it now unsaid.
Brady stated that according to family members (they aren’t REAL neuro-psychiatrists, but they PLAY them in courtroom testimony) the molester’s decline has been steep over the near recent weeks or months.
The Judge reiterated that he “gets” Brady’s reason for wanting conservatorship.
Barbara asked Brady to nag the Judge about what happens if ayres gets released for his outpatient treatment on Friday. Their worry appeared to be what the state would do with ayres while he was released, but not under the conservatorship of Barbara. (Personally I’m hoping the state mis-processes his paperwork, and loses him in medical lockups and red-tape hell until he’s dead, but somehow I’m never that lucky.)
They agreed to set up another probate hearing on June 1, 2012 at 9am.
The Judge again re-iterated that if released the molester would be under the jurisdiction of the court, and that they could expedite the conservatorship hearing if warranted by the outcome of Friday’s hearing.
Judge Foiles made it clear that he wanted the updated statement of medical capacity on file. (I wonder if the court will take into account the fact that Gregory is just a paid shill for the molester? Probably not.)
Solveig then interrupted proceedings and asked the Judge essentially the same question that Barbara had just asked.( Pretty sure she's just bullheaded, not confused.) The judge gently told her the same thing he’d been saying over and over, and gave her directions to the courtroom down the hall so that she wouldn’t be lost for the re-scheduled hearing on June 1st. (Judge Foiles was a stand-in judge for the probate cases today.)
Judge Foiles also mentioned in the course of discussion this morning that the child molester, william ayres would in fact, be present in the courtroom this Friday.
Next up: This Friday, April 27, 2012 for the criminal hearing regarding the molester william hamilton ayres’ scumbag attorney’s request to release him into the population -- so that he can get better care by not being under continual watch because he’s so demented that he needs outpatient care, but with medical conservatorship, and it doesn't matter if the medical conservator has control over medication or not…
Yeah. That’s the ticket.
2 things
ReplyDelete1. I think they are prepared for court and these shenanigans about forgetting originals etc are a way of entering testimony that they cannot prove. W/o actually entering original docs they have not done anythign but "in good faith" repeated what they have been told. Thats only if the thing gets questioned. WHich it probably won't.
2. Isn't there some way for The People to file a suit or charge against the County or the prosecutors office to force this issue of them draggging this out to protect themselves from liability (implying the think/know he is guilty) before a judge?
C