The hearing today was primarily to hear motions by the Defense related to further attempts to delay the trial, which at this point, does appear to be getting underway on Monday morning.
ayres, and his idiot wife and sow daughter were there, along with the weirdo hangers on.
Topics were:
Dementia:
Apparently "Doctor" McDougall thinks that ayres' fabricated dementia has now pretended to progress to even further fake neuropathy, so McDougall wants to have a real competency hearing to address the further pretend decline.
Ooof.
After that, they can have the real, real, real, real comptency hearing. In fact, if they just wait a few dozen more years, they can just check his pulse to see if he's dead yet, and decide at that point!
Also ayres is depressed, so... yeah... don't want a sad defendant.
Also ayres is depressed, so... yeah... don't want a sad defendant.
When he's depressed enough to slit his throat open I'll be somewhat convinced that he's actually feeling sad.
Prosecution argued that court had already ruled, and that significant decline would need to be present, and evidence would need to be provided.
Judge Freeman said that Shyster McD has not provided that.
Denied, but she'll "study" any evidence he has (if any) to provide after the Monday start of trial.
Recusal of McKowan:
Defense Shyster McD: "blah, blah, blah."
Judge Freeman then lit McDougall up. He didn't file any of the motions in a timely manner, could have presented his own evidence rather than relying on subpoena of McKowan -- but didn't, etc, etc...
I think the reality is that McDougall just doesn't have a grip on whatever information he may need, and Freeman called his bluff.
Denied. He can revisit as applicable during the trial and through the appellate process if he gets his act together.
Prosecutor Lynch was also present.
Lynch called McDougall's motions nothing but designed delay.
Protective Order:
McDougall asked the court to bar press, and/or "veil" -- control the information available to the press.
Denied. He can revisit as applicable during the trial and through the appellate process if he gets his act together.
Prosecutor Lynch was also present.
Lynch called McDougall's motions nothing but designed delay.
Protective Order:
McDougall asked the court to bar press, and/or "veil" -- control the information available to the press.
Judge Freeman said that the Court isn't touching this one, and that the two sides should agree on how to keep everything under wraps, and handle it themselves, that there is public interest and public right to know. McDougall continued to whine for awhile.
Note to McDougall: Fuck off. You're defending a child molester. You're sick, he's sick, his wife and daughter are sick. The fucking kitchen sink is sick. Fuck you.
Denied.
Prosecution Motion to re-introduce evidence (Nude Boy Books):
McKowan tried to get some evidence that was denied in the last criminal trial introduced in this trial. The "art" books by photographer Will McBride titled "The Sex Book" and "Coming of Age" -- which feature mostly photos of nude young boys in just shy of pornographic poses -- were found in the filing cabinet with ayres' patient records, but search warrant errors kept them out of the first criminal trial.
McKowan has recently been claiming in open court (before hearings) that she was going to be able to re-introduce the books into evidence.
McKowan apparently had some case law in mind, but Judge Freeman indicated that there was a window of time that that argument would have been permitted, and that window had been missed by the prosecution.
Motion to re-introduce evidence: Denied.
Accommodations:
Shyster McDougall wanted all kinds of accommodations for ayres, including a laptop in front of him to read material discussed. Judge Freeman asked (stating that she intended no disrespect) if ayres could even read at this point? The Shyster was clearly flummoxed at this point, not wanting to be trapped into admitting that ayres is competent enough to read, but (possibly) realizing that the request was stupid if ayres can't read.
Asshat.
Asshat.
I suppose if the Judge has any doubts, she can just watch the video of ayres reading his magazine while back-seat-driving for Solveig.
Other requests were for shorter court day, more breaks etc.
I would certainly hope that the court would take into consideration that ayres has been faking dementia, and not allow any of these strategies to instill in the jury undue sympathy for the defendant.
Court will run 8:30am to 3pm with 1 hour for lunch. Trial starts Monday May 13, 2013.
Court will run 8:30am to 3pm with 1 hour for lunch. Trial starts Monday May 13, 2013.
UPDATE 5/10/2013: Articles in the Press:
Mercury News Story (pdf)
Nothing new in this story. Reporter Melvyn was in court for the first half of the hearing, but left when they began to discuss accommodations. Interesting that he didn't report on the nude boy books or the press gag or veil.
San Mateo Daily Journal (pdf)
I don't know if the reporter was present. Probably not, though. Also nothing new in this article.
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.
Right after Ayres was arrested, the San Mateo PD had this cockamamie theory that the reason they couldn't find any juveniles who had been molested in recent years was because Ayres "stopped molesting juveniles. "
ReplyDeleteStuff and nonsense.
In the last two months, the former juveniles - some of whom were molested in the late 1990s- have come forward in the last two months at a rapid-fire pace to say that Ayres showed them child porn and sexually assaulted them. They're continuing to come forward as we speak, hand over fist.
Seems like old Ayres got a tad bit more aggressive and FORWARD with boys who'd been in trouble with the law, more than he was with the private patients. Some of these juveniles were BEING TRIED AS ADULTS. DA Wagstaffe was actively involved in some of these cases.
Their names have been turned over to a federal law enforcement agency.
Oh, boo-hoo! Ayres is depressed. At least he's alive - unlike those victims of his who committed suicide.
ReplyDeleteA juvenile whom Ayres tried to assault at Hillcrest juvenile hall in 1973 says that when he tried to "fight Ayres off", that Ayres "called in the goons."
ReplyDelete(Ayres= Coward.)
This former juvenile says that when he told his pals at Hillcrest about what had happened, " they all laughed. " He said all the kids at Hillcrest knew that Ayres had a reputation for molesting boys and that "the old queer tried to jack off two friends" of his.
Did the staff at Hillcrest know and not care? Clearly this is something for the Justice Department to look into. Why were the DA's office, the judges, the Private Defenders and Probation sending boys to Ayres, like lambs to a slaughter?
"Shyster McDougall wanted ... a laptop in front of [his client] to read material discussed. Judge Freeman asked ... if [the client] could even read at this point?"
ReplyDeleteBy doing so, the lawyer admits that his client has neither mental condition. There is no point for the client to have a laptop unless he does not have dementia or Alzheimer's Disease (AD). Some people who have AD can read words and numbers aloud, but they do not understand what they mean. Other people who have AD may understand words and sentences, yet have limited recall. If the client had dementia when he initially claimed to have it (many years ago), today he would have AD. Dementia always turns into AD. The transition from dementia to AD usually takes one to two years from the time the former is diagnosed. If the client has dementia, a brain MRI scan with contrast will prove it. To date, he has offered the Court no such proof. As such, he does not have AD. Moreover, he had lied about having dementia years ago. For that reason, I'd guess he is lying about having dementia now. If anything, the client's ongoing strategic behavior to avoid and delay prosecution, and his shameless attempts to control and manipulate others in various ways in recent years, shows that his brain retains strong executive function.
He must be a good chess player. I digress.
"I suppose if the Judge has any doubts, she can just watch the video of ayres reading his magazine while back-seat-driving for Solveig."
Driving and back-seat-driving both require executive function, which people who have AD lack. Manipulating others, e.g., sexually grooming another person (as the pedophile apparently did at Napa State), also requires executive function.
* In July 2010, ayres had an MRI that showed minimal shrinkage of the brain, normal for his age, and it did NOT show "white matter" that usually shows up in Alzheimer's patients.
Delete* ayres got a 26 out of 30 on his first mini-mental state examination (MMSE or Folstein test) but the second time he took it he scored 29 out of 30. According to published information, a score of 25 or better is considered to be "normal" The scores normally trend lower over time in an Alzheimer's patient.
The only people who seem to have ever believed that ayres was suffering mental deficit were some (but not all) of the jurors in the competency trial so long ago, and the prosecution.
DeleteDA Wagstaffe is a known liar. Ask any criminal defense attorney, or crime victim, defendant, or one of his brothers ( who hasn't spoken to him in years) and prosecution witnesses about his lying..
ReplyDeleteWagstaffe lied to Supervisor Dave Pine in August 2011 when he told him he was "strongly
considering retrying Ayres." Pine asked Wagstaffe for "his word" on this. Wagstaffe gave him his word.
But gee, how strange that just a day later when presented with strong evidence from the private investigators hired by the poor families of the victims, that Ayres WAS competent, Wagstaffe went into a panic and lockdown mode, hiding out from reporters. When a mother of an in-statute victim finally got him on the phone, she reports that Wagstaffe was acting very nervous, and spoke faster than a machine gun. Gee, he told the mother that the fact that Ayres was using a walker was not helpful to his competency and that they weren't going to retry him. But Ayres used a walker in the first criminal trial.
Ayres was using a walker when Wagstaffe gave Dave Pine his word that he was strongly considering retrying Ayres ( what a big fat lie) just two days before he told the mother that the fact that Ayres was using a walker was not helpful for a jury.
Liar, liar, pants on fire.
Walkers help to balance people when they walk. Most people who use walkers are mentally competent. They can even be physically strong. The child molester may indeed use a walker (a prop to help generate sympathy for him, perhaps?), but such use does not support his lie that he is mentally incompetent. The walker does not, or should not, preclude him from prosecution. Moreover, the walker is irrelevant to this criminal case.
DeleteBtw, did the child molester ditch the walker when he danced at Napa State Hospital?
Was there a wheelchair in their car when they were at Trader Joe's?
ReplyDeleteDidn't appear to be one. I suppose it could be a really teeny, tiny one that expands out into a nice sized "Courtroom Sympathy" model.
Delete