william ayres, accused of molesting many young boys under the guise of providing "psychiatric" care, has now officially manged to further delay his trial until May 13, 2013 -- more than six years after his arrest. The tentative re-scheduling was set on March 5th, but judges held off making it official because ayres' defense attorney did not bring ayres to court as was expected.
In today's hearing, ayres was present in the courtroom in his wheelchair, very well groomed, well dressed, and clearly alert. He was parked at the back of the courtroom. The judge noted ayres' presence, and asked ayres if "you can hear me." -- Everybody wishes that this guy was a slobbering moron --
ayres clearly and loudly answered "Yes."
The judge then asked ayres to re-confirm that he waived his rights to a speedy trial, which was again answered with a clear and loud "Yes."
Of note: None of the issues that McDougall has raised in the last hearing (change of venue, recusal of prosecutor, etc...) have yet been addressed completely, in part because McDougall did not file paperwork correctly. I would certainly expect to see more hearings and delays in the mean time, although defense strategy is to wait until trial date or near to trial date to bring these matters to the court, so that delay can be maximized.
Also of note: The press has lately taken to presenting ayres as an unkempt-crazed old fool, using photos taken of ayres during the height of his malingering efforts at Napa State. Don't fall for this bullshit. ayres has lost weight to healthy levels for the first time in decades, and is well groomed, and clearly competent and still in charge of his extensive manipulation of the courts.
Article in The San Mateo Daily Journal is here (pdf).
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.
Thanks for the update, Deep!!!
ReplyDeleteTell me again why the prosecutor insisted throughout the summer of 2011 that Ayres was mentally incompetent, when everyone else could see otherwise?
Following DA instructions perhaps?
DeleteFeeling vindicated tonight!!
ReplyDeleteHey, Deep:
ReplyDeleteHeard anything about that California Bar investigation?
The California Bar has officially sanctioned the prosecutor and Wagstaffe's office. Wagstaffe is now trying to obliquely threaten criminal prosecution if the victim/complainant goes public.
ReplyDeleteYikes!
DeleteWow, saw this posted over at the Atherton Almanac:
ReplyDeletehttp://www.almanacnews.com/square/index.php?i=3&d=1&t=8496
Another controversy at the DA's office
Menlo Park, posted by studabaker, a resident of the Menlo Park: Downtown neighborhood, 12 hours ago
A San Mateo County DA's office prosecutor is disciplined by the California State Bar for misconduct performed while on official San Mateo County business, paid for with taxpayer funds and jepoardizing one's liberty
The complainnt is admonished not to share the contents of the letter to anyone, pursuant to an arcane provision of the California B&P Code?
Presumably the privacy rights and ability of a practitioner of the law to continue to earn a living are at stake.
Reputations are important when it comes to professional services.
Then again the conduct of the professional in question is a public official
This will be a huge headache for Wagstaffe.
It could cost him his job
Violation of Section 6106 of the Business and Professions Code.
ReplyDeleteReporters are still being told by the San Mateo DA's office that the Bar investigation is "ongoing."
ReplyDeleteIn fact, the Bar closed its investigation and completed its findings into the prosecutor ten days ago.
Reporters need to stop letting the DA do all of their investigative work for them, and ditch his little news briefs in favor of some in-depth investigation.
DeleteSan Mateo DA Steve Wagstaffe had the opportunity to deal with the rogue prosecutor three years ago. But he didn't deal with it. So the California Bar stepped in and addressed the ethics problems with the prosecutor that Wagstaffe refused to deal with.
ReplyDeleteI think we're all in agreement that the Ayres prosecutor needs to be booted off the case, fired,
and that the Justice Department needs to wrest the
case away from San Mateo County immediately.
I keep coming back to the idea od someone standing up in court and pointing out hwo the DA in cahoots with the defence is intentionally throwing this case. And then state why the DA is protecting Ayers.
ReplyDeleteOn a different tack I think the victims may be able to use the intentional missteps by the DA as ammo in their lawsuits against SM County. Intentional delay of redress of greivances or something like that.
If that report from the BA is in what did it say or when do we get to see it?
Violation of 6106 of the Business and Professions Code:
ReplyDeleteThe commission of any act involving moral turpitude,
dishonesty or corruption, whether the act is committed in the course
of his relations as an attorney or otherwise, and whether the act is
a felony or misdemeanor or not, constitutes a cause for disbarment or
suspension.
If the act constitutes a felony or misdemeanor, conviction thereof
in a criminal proceeding is not a condition precedent to disbarment
or suspension from practice therefor.
Perhaps someone should do a Freedom of Information request to the California Bar to get a copy of the disposition with the prosecutor. Should be public record.
ReplyDeleteI suspect it will be a matter of public record before too much longer.
DeleteAyres' lawyer may not know that the Bar has concluded its investigation into the prosecutor and that the results are terrible for the Sam Mateo District Attorney's office.
ReplyDeleteRest assured, ayres' lawyer has been kept apprised of the situation all along. Shyster McDougall is looking forward to long delays while all of the hand-wringing and teeth-gnashing is going on, but ultimately the Shyster is hoping for delays, NOT change of venue or recusal of the prosecutor.
DeleteAfter all, the DA has been doing a great job of keeping the perp out of prison so far -- Napa would have worked had it not been for an astute doctor and some attentive staff.
Someone made this statement over at the Almanac town forum .Was the comment from the prosecutor who was just sanctioned by the California Bar? If so, then this could mean even more trouble for the prosecutor:
ReplyDeletehttp://www.almanacnews.com/square/index.php?i=3&d=1&t=8496
Posted by Nothing to see here, a resident of another community, 1 hour ago
What people don't realize is that the so-called "victim" has serious emotional problems, has been making hundreds of accusations, many false (including the fabricated nonsense about the FBI investigation), against the San Mateo DA for years. She has no credibility. The bar obviously thinks so also by deciding to seal this complaint which could be at most a trivial technical violation by the decision to seal it. Rather than focus on this ridiculousness, I hope this woman can get the psychiatric help she so desperately needs.
Personally, I think that the prosecutor wouldn't goad the complainant into revealing the contents of the report.
DeleteThe family of ayres has much vitriol focused on the complainant, moreso even than the prosecution, and I think that this is the most likely source of the comment.
Test 3
ReplyDelete