Monday, May 13, 2013
ayres Molest Trial: Day 1 - Afternoon
Criminal Retrial - Day 1 - Afternoon Update:
This is a brief update on the criminal re-trial of william hamilton ayres, accused of molesting many young boys under the guise of providing psychiatric care.
According to an article in the Mercury News (pdf): Prosecutor Lynch argued that it would take "a major change or substantial new evidence to reopen the long-disputed issue of Ayres' mental health." Judge Freeman agreed and denied further mental health delays. She also denied defense requests to delay the trial while appeal is pursued.
See the post immediately below this one for this morning's information.
If we have additional information later tonight, we'll post it here as an update.
Evening Update: 5/13/2013 11pm:
Additional details about proceedings today:
Transcripts/records from Napa State will be sealed, judge Freeman says that they are unrelated to the issues surrounding the crime.
1 photo of each victim at the age of molestation will be allowed. Defense Shyster McDougall argued against this. McKowan stated that size, look and age of the victims are relevant. Freeman allowed photos, and indicated that it would be prejudicial to allow the jurors to simply imagine the children at a young age.
Statutes 1108 and 352 came up again. It appears that McKowan may be listing some more witnesses, and concerns about confusing the jury and spending too much time on tangential issues were of interest to McDougall and the judge.
One of the prosecution witnesses on the list is a doctor who trained with Dr. Albert Solnit, who is the doctor ayres said trained him to do "medical exams" This witness has first hand experience with what Solnit would and would not have trained.
The Defense wanted to exclude evidence relating to the civil lawsuit settlements that ayres has had to make. This motion was granted.
The defense wanted to prevent experts from discussing Child Sexual Abuse Accommodation Syndrome. This motion was denied.
Freeman does not want the words "pedophile" and "victim" to be used in front of the jury, so these terms were disallowed.
Overall, McDougall was very concerned and focused on ayres' alleged dementia. The judge indicated that evidence of ayres' further alleged mental deterioration mostly relates to a time before Judge Grandsaert certified ayres competent, and therefore is not relevant, as it occurred before that judgment, and so was already taken into consideration. Further, Judge Freeman indicated that the testimony of ayres' wife and daughter did not rise to the level of being actual evidence in the matter.
Tomorrow's discussion will include such topics as: Witness tampering, corruption of witnesses, addressing the possibility that McKowan might have to testify, and last but not least, Balfour's involvement in the matter.
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.
©Salem-McMartin By Deep Sounding at 5/13/2013 05:38:00 PM