At today's hearing, the court was in receipt of the report provided by Napa State Hospital regarding william hamilton ayres' competency. The report was issued on the 23rd of July, and was received by the defense attorney and the prosecution on the 24th of July.
The report was delivered along with a “Certificate of Restoration” meaning that the treating facility (Napa State Hospital) has determined that ayres has been “restored” to competence and should therefore be capable of defending himself in criminal trial. Because the certificate was provided, the law states that within 10 days, the perpetrator is to be returned to the charging authority. There are provisions for tracking delays beyond the ten days, and it sounds like the authorities can be soundly spanked if they violate this provision too much.
It states the following:
“If the committing court approves the certificate of restoration to competence as to a person in custody, the court shall hold a hearing to determine whether the person is entitled to be admitted to bail or released on own recognizance status pending conclusion of the proceedings.”
Child molester ayres will be permitted to request a hearing, essentially contesting the declaration of competency. Defense Weasel McDougal has stated that he has not talked to his client yet, but that he anticipates that he will, of course, request this further hearing.
When ayres was committed to Napa State, his bail was returned to him. AP news organizations are reporting that this amount was $250K, but it was actually $750K. Because he is now considered to be again under the jurisdiction of the court, he is again entitled to a bail hearing.
McDougall will probably be arguing that because ayres turned himself in to Napa State, he is no flight risk and should therefore be let loose with no, or very little bail. The prosecution will no doubt be arguing that because he was deceptive in his competence, he is not trustworthy. (I’m making a leap here… We don’t know yet that the report says that he was lying, but based on several clues, I think we can safely assume that the report states exactly that.)
Scumbag McDougall asked that the report which accompanied the certificate be sealed until the hearing, arguing that it contained personal medical information. McKowan argued that the only medical information in the report was stuff that was already available to the public, as it was part of the competency trial.
The judge granted Scumbag McDougall’s request as usual.
We do get SOME clues as to what’s in the report:
1) McDougall says that releasing the report to the public could bring prejudice against the child molester.
2) McDougall wanted to “waive” the transport of ayres back into custody, and leave him at Napa State Hospital as he’d been there for 9 months, and “Napa should be the most accommodating versus jail.” The 1372 Statute indicates that if the defendant needs continued treatment to remain competent, that they can stay at the facility beyond the 10 days.
BUT Prosecutor McKowan stated that the content of the report indicates that it would be highly unlikely that Napa State would allow him to remain in their custody – In other words: ayres has been permanently “cured” of his dementia, and therefore can’t stay there any more. Judge Grandsaert mumbled that it would cost the county to keep him there too….
Hallelujah! Napa State Hospital has apparently found a miracle cure for Alzheimer’s or general dementia which normally only degrades over time! Not only have the geniuses there discovered a way to HALT dementia, but they’ve actually been able to REVERSE it!!!
What an exciting development!
Somebody call the Fisher Center for Alzheimer’s Research and tell them the great news!!
–Meh… not so much… ayres has been competent all along, and his gambit was figured out by the docs at the loony bin. (Call the Fisher Center back and tell them to resume fundraising…)
So what’s next? (This is the “pure speculation” part of this article):
McDougall will whine that all of those doctors up at Napa are dolts, and that ayres is indeed still competent.
There will then be a hearing to decide if McDougall’s medical opinion is more weighty than the entire staff of trained psychiatric professionals at Napa State. If they find that he’s competent in spite of McDougall’s illustrious opinion, then the can determine if ayres should require bail or not, and how much.
The prosecution must then decide if they will proceed to try him again for his crimes of molesting many young boys under the guise of providing them with psychiatric care.
It has long been my contention that DA Wagstaffe does not desire to try him for his crimes, and there is apparently some understanding within political circles that this is so - my best friend's sister's boyfriend's brother's girlfriend heard from this guy who knows this kid who's going with the girl who saw Ferris pass out at 31 Flavors last night. ( This was the rumor and innuendo part of the article.)
I’m assuming that Wagstaffe will grumble about saving the taxpayers a whole bunch of money, and everyone in the county will applaud him for his wisdom in letting yet another child molester wander around San Mateo County.
I could be wrong; I’ve been wrong before.
Also of note: SFGate has an article up (pdf), and in it they contacted the DA office, but didn’t talk to McKowan. Instead they talked to ADA Morley Pitt, who said:
“We are happy that the proceedings may be reinstated and that we can proceed to trial-setting and have the community and a jury decide whether the defendant committed the crimes we've alleged"
What this means, if anything... I have no idea.
[Update July 26, 2012]:
There's a pretty good article in The Examiner (pdf) about the ayres story. Also it appears that the articles about ayres that were posted in the Mercury News have disappeared for some reason.