Friday, February 15, 2013

Civil Cases; Derelict Court

The Court...
On Friday, February 15, 2013 the civil court heard motions by Defense Shyster for william hamilton ayres, accused child molester, confirmed malingerer, and alleged child psychiatrist. The Defense wants the court to grant motions to grant a stay of trial in the civil matter and to avoid being deposed.

Today, the court partially granted ayres' request, in that he won't be required to provide a deposition for civil trial until after the criminal trial is resolved. The court did not allow a stay, and did say that he will have to provide a deposition. Of concern is that it's very likely that ayres' criminal Shyster will probably again attempt to claim "further" mental incapacity for the child molester at the start of the criminal matter, delaying everything further. Criminal defense Shyster McDougall was already making noises about ayres' increasing dementia even while the judge was in the process of proclaiming that he suspected that ayres was faking to avoid prosecution.

I suspect that the upcoming criminal matter will begin with a whimper and a push for another mental examination.

Meanwhile, in another of the civil lawsuits, Defense Shyster Constance Yu has filed statements that the Plaintiff has passed away and there is no deposition from the Plaintiff, and therefore is asking for dismissal and summary judgement in that lawsuit.

The San Mateo County Court is still loath to put its foot down in the prosecution of justice in the matter of the long respected friend of the Court, County, and local politicians.

There is no justice; There is only procedure.


HONORABLE V. RAYMOND SWOPE, JUDGE PRESIDING. CLERK: SANDRA HARRIS COURT REPORTER: GERALDINE VANDEVELD
ATTORNEY AARON MARKOWITZ APPEARING WITH/FOR PLAINTIFF(S).
ATTORNEY CONSTANCE YU APPEARING WITH/FOR DEFENDANT(S).

MATTER ARGUED BY COUNSEL AND SUBMITTED TO THE COURT.
TENTATIVE RULING ADOPTED AND BECOMES THE ORDER: THE MOTION IS GRANTED IN PART. THE REQUEST THAT THE DEPOSITION NOT BE TAKEN AT ALL IS DENIED. THE REQUEST THAT THE DEPOSITION BE DEFERRED UNTIL AFTER THE CRIMINAL MATTER IS CONCLUDED IS GRANTED. THE REQUEST TO STAY THE ENTIRE ACTION IS DENIED.

* *.


william hamilton ayres was arrested on April 5, 2007 on charges relating to his molestation of many young boys while he was alleging to provide psychiatric care to private patients as well as referrals for evaluation from the juvenile court system in San Mateo County. ayres has been delaying his way through the system free from custody until this latest gambit to skirt prosecution by playing demented for the courts. ayres is currently under the conservatorship of his daughter Barbara Ayres of Sacramento, CA

ayres has had significant interaction over the years with local politicians on boards like the "Children and Families First Commission,"  including the DA who was serving when prosecution began Jim Fox and Assemblyman Rich Gordon. In fact, Gordon nominated ayres for a lifetime achievement award for his "Tireless effort to improve the lives of children." ayres has also been vocally supported during his criminal trial by local head-shrinkers like Bart Blinder, Etta Bryant, Mel Blaustein, Harry Coren, Tom Ciesla, Robert Kimmich, Larry Lurie, Maria Lymberis, Richard Shadoan, Captane Thomson, and Harold Wallach.

20 comments:

  1. Solveig was born in Lichtenstein.

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  2. "I suspect that the upcoming criminal matter will begin with a whimper and a push for another mental examination."

    The psychopath does not now, nor has he ever had, dementia of any kind. Even so, I suspect that your prediction will turn out to be right.

    "Yu has filed statements that the Plaintiff has passed away ..."

    What? Where is the proof of this claim?

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    1. We were saying that ayres was not demented (nor does he require the use of a walker) long before the multitude of court ordered mental fitness reports, competency trials, treatment at Napa State, and follow-up competency trials, at which the molester was certified competent, and after which, defense attorneys for both civil and criminal cases immediately made further claims of dementia.

      Reality has no bearing on the statements and tactics that the defense will use to their fullest advantage until the point that the court finally puts their foot down.

      I don't expect that the court will ever put their foot down.


      Yu's statement is in attached to the court record on the link that I provided. (Click the link three times, the court system is poorly configured.) Then click the little picture of the camera. The line you're looking for is:

      "01/30/2013 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION OF DEFENDANT JOHN DOE 1 FOR SUMMARY JUDGMENT, FILED. "

      Remember that there are at least FOUR civil cases that we know of in addition to the one that settled in 2007. The case for which Yu is claiming a deceased Plaintiff is not the same case as the one heard on Friday.

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  3. "I don't expect that the court will ever put their foot down."

    Agreed, I'm afraid. Sometimes, past human behavior is the best predictor of future human behavior.

    "The case for which Yu is claiming a deceased Plaintiff is not the same case as the one heard on Friday."

    OK. Thanks for clarifying.

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  4. "Wo hast du diese Information?"

    From the family itself, many moons ago. I know it's irrelevant but seeing her picture here prompted me to share. Here's hoping for resolution of this mess this year. Peace.

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  5. Gee, today in the SM DAILYJOURNAL the headline is "Former probation chief charged with child porn" Stuart Forrest had more than 400 images on USB drive and laptop. The article goes on to state: ""We asked to avoid the appearance of a conflict. We do not have one but I have served on so many different commissions and committees with him that we want to ensure the appearance of inpartiality. that is why we asked an outside agency, the attorney general, to handle it." said District Attorney Steve Wagstaffe"

    What a farce. Way doesn't Wagstaffe to the same thing with the Ayres case. It's lots worse. Child Porn vs Child Abuse hmmmmmm lets see. I guess that would involve too many of Wagstaffe's cronies in the county system.
    An ENRAGED mother of an Ayres victim.

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    1. Not to mention the fact that ayres had professional and personal contact and relationships with at least as many currently active San Molesteo County officials as Stuart Forrest did, many of them them same people and agencies.

      Mark Church - Currently the Assessor County Clerk-Recorder & Chief Elections Officer for San Mateo County

      Richard S. Gordon - Currently a California Assemblyman.

      Jerry Hill - Currently a California Assemblyman and "Democratic Caucus Chair"

      Rose Jacobs Gibson - currently serving on the San Mateo County Board of Supervisors

      Michael D. Nevin - Currently Executive Director of the Service League of San Mateo County*

      County Manager: John Maltbie - still serving as County Manager

      Children and Families First Commission:
      At the time, other members serving on the Commission with child molester ayres were: Maureen Borland, Patricia Bresee (who has supported ayres' victims publicly), Jim Fox (yes... that's San Mateo County District Attorney Jim Fox) Floyd Gonella, Richard Gordon, Christine Kennedy, Amy Liew, and Margaret Taylor.


      Service League of San Mateo County:

      Executive Director:
      Mike Nevin

      Board of Directors:
      Kirsten Keith - San Mateo County Private Defender Program
      Steve Wagstaffe - District Attorney
      Mark Church - Clerk/Recorder San Mateo County
      James Fox - Former Sheriff / Former District Attorney
      Rose Jacobs Gibson - Board of Supervisors
      Jerry Hill - Assemblymember District 19

      Not to mention the Judge Marta Diaz and the juvenile justice system in general...

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    2. Quick question: Of the individuals whom you'd named, who has publicly (emotionally, financially, legally, spiritually, or otherwise) provided support to the real men (whom the psychopath abused) and who has made the most obvious effort to (privately and publicly) dissociate him or herself from the psychopath? (I'm asking so that I know for whom I should NOT vote in the future.)

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    3. Patricia Bresee has spoken at length about feeling badly about sending boys to be evaluated by ayres (BEFORE she knew that he was a problem) In fact, Bresee was the moderator in a seminar put on by the The Children's Collaborative Action Team (CCAT), of the San Mateo County Child Abuse Prevention Council in February of 2009. The event featured Victoria Balfour speaking about the ayres case. Bresee again publicly states her regret at that event. You can watch the videos on youtube, and read about it on this site.

      http://williamayreswatch.blogspot.com/2010/03/video-blast-from-past-victoria-balfour.html

      To the best of my knowledge Bresee is the only person from ayres' past that is listed above who has publicly expressed support for ayres' victims.

      I would vote for Bresee for WHATEVER she ran for.

      Those from the above list who are particularly egregious in their behavior in the whole matter:

      Judge Marta Diaz who allegedly has been a close personal friend to the ayres clan, who apparently warned the police against investigating ayres, and who has implied that people who are stating that ayres is a child molester are liars.

      Diaz also helped appoint Stuart Forrest (San Molesteo County chief probation officer)-- in the news today due to his child porn collection -- to his position, and according to the Merc had this to say about Stuart: "I've known Stu for a very long time. His modesty and leadership skills are only exceeded by his ability and integrity."

      California Assemblyhag Richard Gordon nominated ayres for his San Molesteo County lifetime acheivement award, while they were serving together on the Children and Families First Commission. (Gordon was also a county supervisor at the time.) Several of us have asked Gordon over the years on multiple occasions, publicly and privately to influence the board to rescind the award, and have been met with stony glares, and been outright ignored, and had public questions deleted.

      Gordon is a bad egg.

      Gerry Hilliard (not mentioned above), who was head of the San Mateo juvenile defenders until recently, and who told the press during the criminal investigation into Ayres in 2006, that he didn't believe the victims and that Ayres was the most professional and finest psychiatrist he ever worked with.




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    4. Hilliard's FAcebook page says this:

      https://www.facebook.com/gerry.hilliard.1

      Grandpa, Father, Husband (in reverse order) Still working as an attorney representing kids in juvenile court and managing a group of 22 other kddie lawyers for the San Mateo County Bar Association's Private Defender Program

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    5. "Gerry Hilliard ... told the press ... that [the psychopath] was the most professional and finest psychiatrist he ever worked with."

      I suspect that some people find it hard to admit that they've been a patron, patsy, or a pawn of a psychopath.

      Psychopaths excel at manipulating people - notably, via the pity play. During interpersonal conflicts between a psychopath and a victim of a psychopath, many neutral observers cannot distinguish the real victim from the (psychopathic) perp.

      "I would vote for Bresee for WHATEVER she ran for."

      Will do. Sounds like you do not recommend the rest, should any of them run for re-election. Thanks.

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  6. Don't forget that Ayres states in his own deposition in 2004 that Marta Diaz hired him a number of times when she was a prosecutor in the San Mateo District Attorney's office.

    And yet Wagstaffe has had the gall to lie to citizens and say that the DA's office never hired Ayres.

    Hey, Deep: you gonna write a post about Forrest and Ayres working together at Hillcrest Juvenile Hall and how Marta Diaz gave them big career boosts?

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  7. Hilliard had no problem defending Ayres to the press before he was arrested. To a reporter in 2006, he said" I don't believe the allegations. I would send my own grandchildren to him."
    He has refused to comment after Ayres was arrested.

    What he should have done after the arrest was
    investigate how many of the boys his little association sent to Ayres were molested. But he has
    not responded to these requets by citizens. Also,
    Myra Weier who works at the Private Defenders has
    refused to honor a freedom of Information request fir release of all records of payment to Ayres. Weier
    said,"it's not iin the public's interest to release the info."

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  8. Kamala Harris is the wrong person to be in charge of this case. She protected Wagstaffe after it was found that two people from his office were stealing money from people's estates right under his nose. The amount that was stolen was way way moire than has ever reported but word is that Harris didn't want to embarrass Wagstaffe because he is a DA.

    The person who should be overseeing the Forrest
    investigation is Jonathan Smith, director of the
    Special Litigation section of the Civil Rights Division
    in the Justice Department in Wasington. His office
    protects the civil rights of people in state or local
    institution including jails, prison and juvenile detention facilities.

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    Replies
    1. Hmm. Good point.

      In fact, maybe that's why Wagstaffe so readily decided that his office shouldn't investigate.

      After all, his office was not able to adequately contain the ayres mess by shuffling ayres off quietly to an mental institution. They botched protecting the county reputation when they ended up with rogue Napa State medical staff who refused to buy in to the Alzheimer's malarkey.

      Wagstaffe had to pitch this one to someone who he could trust to botch the job.

      By the way... Do you suppose that the county "investigating" to make sure that no San Mateo youth were involved in any of Forrest's child porn actually means that? Or do you think that it actually means that San Mateo was instructed to find out if any more county cronies would need to be coming down with Alzheimer's soon?

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  9. Does anyone know about the FBI or other investigations?
    Is it possible that htis arrest and the images found will finally merit a full investigation of all the players in San Mateo County that have been mentioned in connection with Ayers and others?

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    1. Rest assured that the FBI agents who embarked on an investigation into San Mateo District Attorney Steve Wagstaffe for corruption are well aware of the ties between Ayres, Judge Diaz and Forrest. Let me reiterate that the FBI is asking that anyone with knowledge of coverup and corruption by DA Steve Wagstaffe and another San Mayeo government employee
      should contact FBI agent Joe Schadler in
      the San Francisco office of the FBI.

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  10. Judge Marta Diaz sure knows how to pick em!

    Has anyone in the press asked her to comment on the arrest of Stuart Forrest?

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  11. I see attorney Bonnie Miller is one of Gerry Hlliard's Faceboofriend's. She sent kids to Ayres. In 2007 while serving on the San Mateo Citizen's Review Panel she told another member of the Panel that she had learned that doctors knew what Ayres was up to with boys but instead of reporting him they just stopped sending boys to him. One of the people she mentioned was forensic psychologist Al Fricke. He knew what Ayres was up to.Miller wouldn't
    speak to a grand jury investigation Into doctors who covered for Ayres. And Fricke refused to talk to the
    police about what he knew. He should rot in he'll.

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