Friday, July 25, 2014

Bad Justice - Marta Diaz

Bad Justice:

The San Mateo County Court has re-appointed Judge Marta S. Diaz (pdf) to the Juvenile Court after having removed her as a justice of that court several years ago.

Some highlights from Judge Diaz’s bio: 

Diaz appointed Stuart Forrest to the head of the Probation Department after Forrest's long history of working with youth in San Mateo’s juvenile justice system. Recently, Stuart was found guilty and convicted of being in possession of hundreds of pornographic and sadistic images of young boys.  Here’s what Diaz had to say in a county news release about Stuart at the time she appointed him to head of the probation department: "I've known Stu for a very long time. His modesty and leadership skills are only exceeded by his ability and integrity."

Diaz also was a significant figure in the career of convicted child molester william hamilton ayres:

Diaz is observed to have been personal friends of the ayres family, and was responsible for referring many young boys to ayres for “evaluation” during her career in the DA’s office and as a judge. (Note that there were OTHER judges who also referred cases to ayres; many of whom have expressed regret for having done that).  In spite of the fact that at least four reports claiming sexual abuse had been filed (pdf) with the county between 1987 and 2002, and, in spite of the fact that Diaz was aware of the investigation by police who were building their criminal case against ayres, she continued to refer boys to ayres for “evaluation” for another fifteen months. Convicted child molester william ayres himself testified that this was so in depositions given in 2004.

Further, Diaz is reported to have tried to get the police to stop investigating ayres, claiming that she and ayres were very good friends. More than two decades ago, it is said that a defense attorney for a young boy told Diaz (then a prosecutor) that his client had been molested by ayres. Diaz denied that that could be happening, that she knew ayres well.

In March 2009, Diaz was asked about these claims by reporter John Roemer of the Daily Journal, and she responded that certain private citizens have a little “jihad” against her – She said: “I don’t care. I know it’s all bullshit. All will come out.”  (Yup, you stupid bitch – the truth did "all come out", and your sick-fuck friend is rotting in jail.)

After making the above statement to the press -- and shortly after the conclusion of review and action on a complaint filed with the Commission on Judicial Performance -- Diaz was removed from the Juvenile Court and reassigned. 

I guess the San Mateo County Court feels that now that people are no longer focused on her extraordinarily poor judgment, they can put Diaz back to work making devastating decisions for the county’s youth. 

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. After years of  playing demented for the courts, ayres plead "No Contest" and was found guilty of all charges against him on May 16, 2013. ayres was sentenced to 8 years in prison on August 26, 2013. ayres is no longer 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 BlinderEtta BryantMel BlausteinHarry CorenTom CieslaRobert KimmichLarry LurieMaria LymberisRichard ShadoanCaptane Thomson, and Harold Wallach.


  1. Great post, Deep!!!

    In 2009, the Commission on Judicial Performance sent a warning letter to Diaz about her use of an expletive and her maligning innocent citizens who had wanted to know about her relationship with Ayres. The admonishment was included in the Commission's year end summary of disciplinary actions, although Diaz's name was kept anonymous.

    Diaz has NEVER apologized and/or expressed regret for sending boys to Ayres, as Judges Kemp and Bresee did. Shame on her.

    At least two boys who were sent to Ayres by Diaz in 2003 AFTER she tried to get the police to stop investigating Ayres were sexually assaulted by Ayres. Both are African American -as are the majority of juveniles Ayres molested.

  2. Anyone know whether she's visited her good friend in prison?

  3. Deep: You need to start a petition that can be submitted to the Commission on Judicial Performance, asking that Diaz NOT be reassigned to juvenile court. Since 1990, when she was a prosecutor she has chosen the wrong path- instead of protecting boys, she has defended Ayres to the hilt and even actively worked to get the police to stop investigating him when a victim came forward in 2002. Then she continued to send boys to him through late 2002 and until at least the end of 2003, and according to Ayres, even into 2004. One man has come forward very recently to say that Diaz sent him to Ayres in August, 2003, and then Ayres sexually assaulted him.

    Where is the accountability? A "private reproval" by the Commission on Judicial Performance in 2009 is not good enough. Diaz has never had to apologize for her disgusting and outrageous remarks to the legal paper, the Daily Journal. For her, it's been about attacking the victims and those who have spoken up for them, and protecting her "friend"- Ayres.

    For San Mateo County to reassign her to the juvenile courts is flat out disgusting.

    Deep: you need to start a petition and sent it to staff counsel Mariah Baird at the Commission for Judicial Performance, demanding that Diaz NOT be reassigned to juvenile court.

  4. Anyone know what's going on with that other rabid Ayres defender, Etta Bryant ? Has she ever apologized for her disgusting 2006 letter to the County Times, " In Defense of Dr. Ayres?"

  5. Tick, tock. Tick,tock, Clarice.

  6. So, in 1997, seven years AFTER prosecutor Marta Diaz was told by the attorney for a juvenile in 1990 that Ayres had molested the boy - an incident she was quick to brush off as nonsense because she and Ayres "were friends" - a boy is molested at a San Mateo group home.

    The boy sues San Mateo County. He is represented by attorney John Boessenecker, who is married to Marta Diaz, who that same year had become a juvenile judge. The boy who had been molested at the group home is then sent to Ayres. Predictably Ayres promptly molests the boy. Who sent the boy to Ayres? Most likely it was Boessenecker.

    According to what a San Mateo County Times reporter learned ten years later, Marta Diaz was "very upset" that the boy had been molested in the group home. But why wasn't she upset that Ayres had molested the boy after the group home incident?

    For the record: the reporter learned that Ayres ADMITTED to the mother of this victim that he had molested the boy who had also been molested in the group home. That's right, he ADMITTED to the mother that he had molested the boy. He then apologized to the mother for fondling her son and said it would never happen again..

    Surely both Boessenecker, the attorney for the boy also was informed that Ayres had molested him. And Marta Diaz had to have been informed.

    So why the fuck did she keep sending boys to Ayres until at least
    2003 ? Why did she tell the police in 2002 when they started to investigate Ayres, not to investigate, as she and Ayres were friends?

    Why did she deny, dismiss and ignore the victims' who had come forward? Why is it that all the boys at Hillcrest in the early 70s knew Ayres was molesting boys but she ignored this?

    Perhaps Marta Diaz hates juvenile boys so much that she thinks they should be punished by sending them to a pedophile.

    For god's sake, someone do something to get this fucked up enabler and protector of Ayres out of the juvenile courts.

  7. For the love of god, will someone please tell that scum of a DA Wagstaffe to cut those three moles off his face. They're like something from a Grimm's Fairy Tale:

    photos here:

  8. If what you're saying here about Marta Diaz is true - and I realize it probably is - then Diaz is complicit in and an accomplice to the crimes of the 82 year old child molester.

    Why do people defend and support and rally around psychopaths and other aggressive people? Do their egos prevent them from ever admitting they are wrong about anyone or anything? Do they identify solely with winners? Do they loathe people who are victims (whom they may see as weak) of those whom they see as winners (= strong)? What do they get out of it? What gives?

    1. Good questions. In the case of San Mateo, the people who protected Ayres are weak individuals and easily influenced. Ayres could see they were easy targets and reeled 'em in. Diaz is Cuban and is the daughter of a jockey and insecure about her family background. Some have described Diaz as being jealous and resentful of one of San Mateo's other former juvenile Judges, a WASP from wealth and privilege.

      If Diaz felt like an outsider, one might see how flattered she would be to be "wooed" by the Yale and Boston trained snotty Dr.Ayres. She probably felt like she'd made it.

      And I think you're right that she just couldn't admit that she was wrong. But she's the weak character. People like Diaz who didn't step up to the plate and help the victims when they learned Ayres was molesting them should be removed from their jobs.

      In Philadelphia, the DA successfully prosecuted a Monsignor who protected pedophile priests. But in San Mateo we have a DA who protected Diaz when the Commission on Judicial and Performance was investigating her for interfering with the police investigation into Ayres. Wagstaffe needs to go down for protecting Diaz. She kept sending boys to Ayres . At least two boys she sent to Ayres in 2003 were molested.
      Sent from my iPadhem

  9. The Appellate courts rebuked Juvenile Judge Marta Diaz in this December 2006 decision for letting a minor down. Redwood City attorney John Carcione represented the minor, and it was a resounding victory for them, as judges so seldom get called to the carpet by the appellate courts.

    In re M.V., a Person Coming Under the Juvenile Court Law. SAN MATEO COUNTY HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. TINA F. et al., Defendants and Appellants.

    No. A112525.

    Court of Appeal of California, First District.

    December 14, 2006.

    Appeal from the Superior Court of the City and County of San Francisco, No. 73055, Marta S. Diaz, Judge.*1049

    .Judge of the San Mateo Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.


    In this very troubling case, it appears that many people have let young M.V. down. His biological parents let him down and he was removed from their care at the age of five months. Subsequently, his foster parents did not appreciate the danger their dog posed to him and they let him down by not adequately protecting him from the dog. The juvenile court let him down by not making the appropriate findings and by not making it clear in its findings that it considered the bond M.V. had developed with Tina and B.F. and their children."

  10. Diaz's outrageous, out- of- line, injudicious, and un-compassionate remarks to juveniles in juvenile court (which are closed to the public) have inflamed many juvenile defenders.

    Here's what one juvenile defender had to say about Diaz:

    "In one case, she told the minor that he should have pulled out a gun he had in his backpack if he truly had an interest in stopping his companions from robbing the victim. In another, she told the minor that she saw no promise in him whatsoever and stated her belief that he would never change, because he believed all he had to do was whine about how dreadful his childhood had been to get out of trouble."

    1. So, Marta Diaz meted out extra punishment to the minor by sending said minor to a known child molester? If she did, by doing so she engaged in an act of sadism. How does that make the world a better place?

  11. The court case involving the minor where Diaz got called to the carpet by the appellate courts involved a dog that bit the minor.

    Not long before, Diaz's own son, Randy Boessenecker, was bitten by a dog.

  12. Hey,Deep-

    Any updates on that felony committed by DA Steve Wagstaffe's son Joe Wagstaffe - the crime Steve W. has been desperate to hide from the press? We hear that the FBI has been alerted to his criminal past. But is Joe W.'s. fiancé really that clueless about his past?

  13. Yesterday the California legislature voted unanimously to approve an audit of the corrupt and moribund California Commission on Judicial Performance. California State Auditor Elaine Howle- who just wrote a scathing review of the equally corrupt and moribund State Bar- will be heading up the audit for the Commission. Numerous juvenile defenders and other citizens have filed complaints about the injudicious, volatile, inappropriate and bizarre statements and behavior of San Mateo's. Marta Diaz. She should have been shoved off the bench years ago. Let's hope they take a strong and fresh look at her.