Friday, April 27, 2012

Article in Mercury News on ayres hearing

This post is decidedly Not Safe For Work. 
If you are a parent of a victim, or a victim of ayres, this post will be VERY upsetting. Sorry.


This was your final and only warning.

There is a new article  in the Mercury News <pdf> on today's hearing regarding releasing child molester william hamilton ayres from Napa State Hospital, where he has been locked up for the last six months justly, in accordance with the law, following his claims that he was suffering dementia, and therefore couldn't defend himself like a man against his multiple accusers in a court of law.

I suggest you click the link and read the article first, so that you clearly understand my frame of mind before proceeding to read the rest of this post.

The article discusses the content of the motions submitted by the defense, including letters to Grandsaert from the child molester's adult children, pleading for the release of the child molester from Napa, citing the difficult time he's having there; having difficulty being able to differentiate between food types, and such...

According to the Mercury News article, the molester's son, Robert Ayres, a poorly reviewed actor/director in the Chicago area, wrote the following in his letter to the court:

...there is no hope for his father's condition to improve, and keeping him at Napa, separated from his family and without stimulation, serves only to punish him. "It's utterly heartless and unconstitutional to deliver a punitive ruling when my father's presumption of innocence remains intact after the prosecution's failure to convict him in 2009"

The idiot son doesn't seem to understand that his child molesting father chose to use an incompetence defense, and due to the heinous nature of his continuous, decades of crimes against multitudes of young boys, the state law allows for his incarceration at a state mental facility. There is no violation of constitutional protections.

There is no violation of presumption of innocence. At any time, ayres can come clean, and admit that he's not demented, and face the possibility of criminal trial, meanwhile the taxpayer is providing him with safe room and board, and forcing him to take the appropriate medications that are needed given the condition that he is alleging to suffer, and which he was refusing to take on his own.

If ayres and his dumb-shit son wish to sue ayres' scumbag attorney for recommending this course of action without prepping him for the inevitable outcome, then they should do just that. I suspect that the scumbag attorney has his case well documented, and that ayres, and vapid Solveig and dipshits Robert and Barbara were fully aware of the likely outcome, and there will be no such lawsuit.

Jackass Robert doesn't seem to have a firm grasp on what "utterly heartless" really means - his father molested many young boys while charging their parents for his access to them.

All of the creature comforts that the spoiled shithead and his sister enjoyed growing up were paid for with money from parents whose children were molested by ayres, and by taxpayers who were paying ayres to "evaluate" young boys in the juvenile court system. This went on for decade after decade.

For Robert Ayres and Barbara Ayres:
For decades, your father continually asked boys to describe how they masturbated, while playing with his cock in his baggy pants, and then when that wasn't enough for him, he jacked the young boys off,  he made them piss into dixie cups while holding their dicks, and he stuck his fingers up their asses to massage their prostate glands,  telling them that it would be OK if they came, while his face was INCHES from their penis. When they tried to get away, he jammed his finger in harder, trying to see if he could successfully force them to ejaculate on his face. These were 9, 10, 11 year old boys.

THEY WERE NINE, TEN, ELEVEN YEARS OLD, Robert, you stupid fucking turd.

ayres would take the blood money that he was paid by the parents for enjoying their boys. He would take the money home and buy nice stuff for Robert and Barbara. Robert has such a "good heart" that he's whining now about his dear old dad being locked up after working so hard to molest all those boys so that Robert and Barbara could live the good life.

All of those young boys will suffer for their whole lives, Robert, so that you could grow up in a nice Hillsborough house. They will drink to oblivion, they will take drugs, they will act out against society and authority because nobody stepped up to protect them, and they trust no-one, they will end up in prison, they will suffer more heart disease, digestive disorders, and cancers than others who have not been molested, some will get in violent fatal accidents, some will commit suicide.

Did you like the house that our parents bought for you at the cost of our souls, you spineless, ungrateful prick?

And yet the two of you greedy asshole kids sit there and whine about your molester father's legal state, and you weep that the taxpayer has taken good care of your father, in spite of his crimes, getting him the medicine and psychiatric care that he allegedly needs; all because you're not going to inherit as much of the money that your father got for molesting all of us, if you don't speak in your child molesting father's defense.

None of us will ever fully get out from under the "Utterly hearless, punitive ruling" that your father made against us. We were ACTUALLY innocent of any crime, and yet your father was judge, jury, and executioner against us, so fuck your ignorant "unconstitutional punitive ruling" rant, you chickenshit little twerp. 

Unfortunately, there were apparently at least two occasions in which Satan decided to fuck your cunting mother, and he was actually able to get himself off. Do you suppose she had to dress like a little boy?

Fuck you, Robert and Barbara.

ayres child molestation Custody Hearing Continued


[Original Post: 04/27/2012: DS]
On Friday April 27, 2012, there was a hearing for Criminal Case SC064366 relating to the incarceration status of william hamilton ayres who is currently in custody at Napa State Hospital after using an incompetency defense to avoid re-trial for his molestation of many young boys while he was alleging to provide them with psychiatric care. In such cases, where the perpetrator is dangerous, California law requires that the offender be held in a locked mental health facility for a minimum of six months. ayres has now been locked up at Napa State Hospital for six months, give or take a few days.


Details from the criminal case hearing on Friday, April 27, 2012:

Jonathan McDougall, the attorney for child molester william ayres, has filed motions relating to having ayres released from incarceration at Napa State Hospital. ayres was sent to Napa for a minimum of six months as required by law after he used a “Not competent to assist in his own defense” excuse to avoid re-trial for his molestation charges.

The molester is now asking to be released from Napa into outpatient care.

Solveig and william hamilton ayres were both present in the courtroom. Melissa McKowan represented the State in the matter today. There were four members of the public, and possibly one reporter present in the courtroom.

ayres was wearing an orange jumpsuit and sitting in a wheelchair. His appearance was somewhat more gaunt than in the past, but not unhealthily so. He now has a very long white beard, looking like a cross between Howard Hughes and Charles Manson. Ayres appeared alert and was engaged with conversation with his attorney.

At one point once everyone was in the courtroom, he said in a somewhat louder voice “I think it’s a setup anyway” but then went back to speaking quietly with his attorney. He then took a very good, long look around to see who was sitting in the courtroom.  The bailiff brought him a folded up orange jumpsuit shirt or pants, and told him “this is for later on.”

Before the judge came in, the bailiff was on the phone whispering to someone, and it appeared to the observers that he was talking about the members of the public present. Throughout the very brief proceedings, the bailiff appeared to be very worried about the members of the public sitting in the room, and he stood the whole time, looking prepared to smack some sense into all the rowdy spectators (three moms and one guy in pressed dockers and a pastel purple dress shirt.) To be fair, we DID whisper to each other twice before the judge came in. 

When the judge entered, he stated that he had received McDougall’s submitted information LATE YESTERDAY, and said that he had read “most” of it, although one of the three medical reports had not even be opened by the judge. His first order of business was to ask if both parties had discussed a date for the continuance, since obviously nobody was prepared. 

Not a word was said to McDougall about the inefficiency that his delay in submitting the paperwork has caused to proceedings. Every time I call the court, I sit through a long message bitching about how horribly they’ve had to cut court hours because of funding cuts, whine, whine, whine… THIS IS WHY THEY’RE CUTTING FUNDS – BECAUSE YOU DON’T HAVE ANY RESPECT FOR TAXPAYER MONEY.

Everyone whined about availability of witnesses. (Doctors issuing medical reports, I assume.)

Since there were no witnesses present today, it was clear that they knew ahead of time that today was a wash. Maybe have some court clerks just get the schedule arranged and not even have the hearing?

Thursday, May 3, 2012 is the current day when everyone will be back from whatever else they’re doing and all of the witnesses for both sides will be available.

Some observations:


Sounds like this hearing might be longer than the average hearing. When McKowan talked about her witnesses, she said “the doctors from the ORIGINAL report” would not be available until Wednesday. I hope that McKowan has witnesses and or testimony to counter the NEW reports that were reportedly filed by Amanda Gregory for Wednesday’s conservatorship hearing.

There was discussion about where ayres was to be located between now and Thursday. McDougall stated that Napa was preferred, so they may have had ayres in county lockup or some other less desirable location (maybe home with Solveig.) They settled on transport back to Napa after the hearing.

The final item was that Scumbag McDougall asked to have his exhibits A,B, and C sealed until the next hearing. These were confidential medical reports. The judge expressed a momentary hesitation because these are “public proceedings” but after McDougall clarified that he was sealing only the reports, not his motion, the judge approved the motion to seal the records.

The state had no objection.

The hearing is continued until May 3, 2012 at 10AM PST.



Thursday, April 26, 2012

ayres Criminal Hearing Reminder

Reminder:
There is a criminal case hearing TODAY: 
April 27th, 2012 at 9 AM
Case number SC064366



Hearing: Defense request to release ayres from Napa: April 27, 2012 9AM PST
ayres' attorney has said that ayres is not doing well in Napa, and will argue that william hamilton ayres is so demented that he needs to be NOT tried for for molesting many young boys while alleging that he was practicing child psychiatry, AND he needs to be released from Napa because he's SO demented that he needs to have non-locked-up, outpatient treatment.

Sounds like a logical argument right?

If you're planning to attend the hearing: SHOW UP EARLY. The Court proceedings have been known to start early in order to avoid making the proceedings public.

Wednesday, April 25, 2012

Regarding Barbara Ayres' conservatorship of child molester william h. ayres


[Original Post: 04/25/2012 1:25PM PST: DS]
On April 25, 2012, Probate Case 122027 was heard, relating to the medical conservatorship of william hamilton ayres who is currently in custody at Napa State Hospital after using an incompetency defense to avoid re-trial for his molestation of many young boys while he was alleging to provide psychiatric care.


Background:


Prior to re-trial in his criminal case, ayres’ scumbag attorney claimed that ayres was mentally deteriorating, and in spite of the fact that both court appointed doctors determined that ayres was competent, he opted for a competency trial, which ended with the jury deadlocked. Subsequently the molester william ayres was locked up at Napa State Hospital, per laws that require lockup for at least six months in the case of a defendant claiming incompetence for violent, dangerous or heinous sexual offense related charges.  ayres has been locked up for six months, give or take a few days.

Scumbag McDougall, ayres’ attorney, says that ayres is struggling with life at Napa. (Kinda shitty to lock up perfectly sane shrinks in a mental institution, if you ask me, but given the fact that ayres is evil incarnate, It doesn't actually matter.)

On this coming Friday, April 27, 2012, there is a 9AM hearing for the criminal trail. The molester’s scumbag attorney will be motioning to have ayres released from Napa, and put into outpatient care in a facility with the minimum necessary security.

In order to prepare for the criminal hearing, Solveig Ayres, the molester’s wife, is having the molester’s daughter Barbara appointed as conservator of ayres for medical decisions. This is a gambit to show the court that they are proactively planning for the molester’s release back into society. Solveig had clearly planned to walk out of the courtroom with conservatorship papers in hand so that they would already be completed for Friday’s hearing.


Today’s Hearing:


There were two probate cases to be heard at 9:00am by Judge Robert Foiles, the first was very brief, the second was the ayres hearing.

Solveig and Barbara Ayres were both present in the courtroom with Solveig’s attorney Robert J. Brady.

Skip ahead if you don’t want to read the fashion report:
In case anyone is interested, Solveig was wearing her usual blue/teal “my husband likes to stick his fingers in 10-year-old boy-anus, and I don’t carecourt jacket.  Barbara wears pants, so it was pants and a conservative, muted burgundy/black jacket for her.  Attorney Brady wore a muted suit. The bailiff was dressed as a mostly bored sheriff’s deputy, and the Judge was in all black... a robe, I think.  Thus ends the fashion observations portion of the report, with a nod and wink to some fellow bloggers.



At 9:10am, the ayres conservatorship was on the docket:

Brady had two points of discussion apart from all of the submitted paperwork:

He asked to withdraw the petition for dementia authorities. This relates to the request in conservatorship documentation that Barbara Ayres have authority to control the administration of the  molester's dementia medication. To me, this seems an odd thing to request, given that they are arguing that ayres is so far gone that he can't behave like a man and go to trial and face the children that he molested. In the competency trial, Dr Telfer, ayres' physician, noted that they had prescribed dementia medication but that ayres "didn't take to it..."

Brady's second point was to re-affirm the request for “medical capacity” report.  Brady stated that in the past week, Amanda Gregory did another evaluation of ayres. Brady said that he had an EMAIL copy of Gregory’s “declaration of capacity” but that he didn’t have the original with him. (Are ANY of these ass-hats EVER prepared for court ahead of time?) He says the report shows that ayres doesn’t have medical capacity currently. - This contradicts the paperwork filed by the molester’s scumbag attorney McDougall

Note also, that Gregory was one of the testimony-for-hire doctors that ayres used to claim that he was not competent during his competency trial. If you recall, Gregory was asked by the prosecution if she used any tests with stringent criteria that could be corroborated with results/review from other doctors. Gregory stated that she hadn’t and that she just used her own independent assessment. Some of the tests indicated the same general, minor deficiencies as other doctors -- who claimed that ayres IS competent – and yet Gregory categorically stated that ayres is not competent during the trial. The prosecution pointed out that no one else would be able to comment on her assessment as there was no test record to corroborate her conclusion. (Read about Gregory’s testimony here.)

Brady pointed out that Gregory’s declaration counters  Dr. Telfer’s “belief” included in the filed conservatorship paperwork that ayres IS IN FACT competent to manage his own medical care.  (Echoing his somewhat hedging testimony in the competency trial.)

There was discussion of the upcoming criminal hearing about child molester william ayres’ request to be released into outpatient care, and the 1370 report. (The 1370 report relates to the law that allows defendants in certain Felony cases who claim incompetence and are a danger to society, to be put in a State mental health lockup facility for a minimum of six months.)

Judge Foiles felt that it was premature to decide conservatorship, pending the outcome of Friday’s hearing. He said that it’s not urgent right now, and that he assumed that ayres would be under the jurisdiction of the criminal court for some time, even if ayres is released to outpatient status.

Brady dissembled a bit at this point, calling the court logical and stating that he agreed. But… then he stated that his reason for doing this at this time was to prepare for “a possibility” and that “the effort is being made to cover a base.” He did not spell out what that “possibility” was, but there was a pregnant pause while he grasped, and ultimately failed to find, a concluding sentence.

Judge Foiles interrupted and said “we are almost… we are in synch.” But…. then went on to re-state his position.

Brady then reiterated that he was covering a base, and he stated that ““Doctor” ayres is not going to get better”; leaving the implication that they should just go ahead and approve it now unsaid.

Brady stated that according to family members (they aren’t REAL neuro-psychiatrists, but they PLAY them in courtroom testimony) the molester’s decline has been steep over the near recent weeks or months.

The Judge reiterated that he “gets” Brady’s reason for wanting conservatorship.

Barbara asked Brady to nag the Judge about what happens if ayres gets released for his outpatient treatment on Friday. Their worry appeared to be what the state would do with ayres while he was released, but not under the conservatorship of Barbara.  (Personally I’m hoping the state mis-processes his paperwork, and loses him in medical lockups and red-tape hell until he’s dead, but somehow I’m never that lucky.)

They agreed to set up another probate hearing on June 1, 2012 at 9am.

The Judge again re-iterated that if released the molester would be under the jurisdiction of the court, and that they could expedite the conservatorship hearing if warranted by the outcome of Friday’s hearing.

Judge Foiles made it clear that he wanted the updated statement of medical capacity on file.  (I wonder if the court will take into account the fact that Gregory is just a paid shill for the molester? Probably not.)

Solveig then interrupted proceedings and asked the Judge essentially the same question that Barbara had just asked.( Pretty sure she's just bullheaded, not confused.) The judge gently told her the same thing he’d been saying over and over, and gave her directions to the courtroom down the hall so that she wouldn’t be lost for the re-scheduled hearing on June 1st. (Judge Foiles was a stand-in judge for the probate cases today.)

Judge Foiles also mentioned in the course of discussion this morning that the child molester, william ayres would in fact, be present in the courtroom this Friday.

Next up: This Friday, April 27, 2012 for the criminal hearing regarding the molester william hamilton ayres’ scumbag attorney’s request to release him into the population -- so that he can get better care by not being under continual watch because he’s so demented that he needs outpatient care, but with medical conservatorship, and it doesn't matter if the medical conservator has control over medication or not…
Yeah. That’s the ticket.

Monday, April 23, 2012

ALERT: Upcoming Hearing

REMINDER: Upcoming ayres Hearing:
Wednesday, April 25, 2012
Hall of Justice and Records, 400 County Center, Redwood City, CA
case number PRO122027



william hamilton ayres, a child molester accused of molesting many young boys while alleging to provide psychiatric care will play out his final, and likely successful gambit to secure his freedom this week.

On Wednesday, ayres will be the subject of a hearing in which his daughter Barbara Ayres will seek to become his medical conservator, so that she will be able to make medical, but not financial decisions for ayres. The molester himself agrees with this arrangement, as does his wife, the vapid Solveig Ayres.

This will lay the groundwork for the criminal case hearing on this Friday, in which ayres' scumbag legal representative will seek the release of ayres from Napa State Hospital, after 6 months of lockup there.

On various occasions, the DA has offered different positions about ayres' lockup: Karen Guidotti, the DA's second in command has suggested to parents of ayres victims that ayres would likely NEVER be released from a state lockup facility. DA Wagstaffe, however has not made statements about permanent lockup at Napa. Further, according to some of the parents of victims, Wagstaffe has indicated that he would protect the taxpayers by NOT re-trying the child molester. (He would protect their MONEY, not their children.)

Personally, I feel that ayres will be walking out of the courtroom on Friday a free man, especially since the defense will have established a medical decision maker for ayres on the prior Wednesday.

The hearing is open to the public, any anyone wanting to attend can do so at the address above.

To read more about the hearings read these:

Opinion: ayres' Imminent Release
Ayres' Daughter Has Petitioned to be His Conservator (For links to court documents)

For more extensive background on the case please read the "About william ayres" tab on top of the blog.

Saturday, April 21, 2012

Child Molester Michael Kelly Trial Finished

UPDATE January 14, 2014:
Kelly has just been CRIMINALLY Indicted, and request for extradition from Ireland has been filed.
Read more

The penalty phase in the civil trial of child molester Michael Kelly has ended in a settlement. The Stockton Diocese will pay the victim of "Father" Kelly's child sexual abuse $3.75M. $2M of that payment will come from their insurance carrier. Hopefully the Stockton Diocese insurance rates will skyrocket, unless they start to do something about covering up abuse.

According to The Record, Bishop Stephen Blaire said:
"We just felt it was in the best interest of everybody to bring the second phase of the trial to an end," Bishop Stephen Blaire said, adding the settlement isn't an admission of negligence on the diocese's part.

"I don't think a settlement in any way conveys anything other than an agreement, and I would hope people would not take it that way," he said.
I suppose the Bishop is allowed to grandstand about not "admitting negligence."

Pretty stupid if you ask me.

$3.75M is decidedly NOT "eh...go away... money."  In my opinion, it says something more like: "Holy Mother of Duped Parishioners, we really didn't do a good enough job of covering for "Father" Kelly's molesty-ness, and given the already established guilt of Kelly, and his flight from justice, and the fact that  Vicar General Monsignor Richard Ryan already testified that he, and Bishop Stephen Blaire, and attorney Paul Balestracci ignored a psychologist's report that recommended removing Kelly from access to children; we're probably ALL going to lose most of our retirement benefits if we stick to our guns about finishing the trial."  

So yeah. I suppose that does seem like it's not an admission of negligence. If you're really, really stupid.

ANYHOW:

After the settlement was announced, the victim came forward and held a press conference.

The victim's attorney, John Manly, "urged law enforcement officials to investigate the diocese's handling of clergy sexual misconduct."

According to the Lodi News-Sentinel, The victim stated that "coming forward, and identifying himself Friday was empowering, providing closure not only for him but perhaps blazing a path for other victims to come forward."

Personally, I think that one of the most important keys to preventing the proliferation of child molestation is in stopping the enablers, those who look the other way because they're afraid to rock the boat, and those who are unfortunately entwined with the molesters. I'm sure it's a horrible situation to have been a vocal supporter of a person who is found to be a molester, but to hang on even when it becomes obvious that allegations are true, ESPECIALLY when you are in a position of authority to stop it, is simply reprehensible.

According to the same article in The Record, Bishop Stephen Blaire says this about their responsibility to protect children from child molesting staff:
Blaire said the diocese has clear procedures and policies for investigating allegations, including a review board made up of community members, law professionals and abuse survivors.

"If anybody wants to come in and examine the way we conduct our investigations, I welcome them to do that," Blaire said.

Blaire said the diocese already has education and training programs for personnel and for youth.

"But I think this will be an opportunity to review all of that. If we need to make some improvements, we can do that.

People like Blaire and Vicar General Monsignor Richard Ryan and attorney Paul Balestracci are clearly, in my opinion, a huge part of the problem, and refuse to understand the import of this kind of problem. This kind of "Yeah, whatever." response is disgusting.

People who read this blog know that I'm a Christian, not a Christian basher, or hater of Christian organizations in general. In this case, I DO hope that others who have been abused by Kelly will come forward and file criminal and civil claims as appropriate, so that those responsible for BOTH the molestation AND the for protecting the molester can be removed from the positions that allow them to do this. It doesn't matter if that happens through criminal charges, or by fiscally draining the Diocese of all financial resources, but it needs to happen.

If fiscal draining frightens the Stockton Diocese community of Christians, then they need to look hard at WHY this was allowed  to happen, and they need to protect themselves from financial drain, and their children from further abuses by insisting that those responsible for allowing Kelly to continue be removed from their positions -- not just moved so they can damage other communities, but REMOVED from their positions.

Blaire states "If anybody wants to come in and examine the way we conduct our investigations, I welcome them to do that,"  Every single responsible adult in the Stockton Diocese should do EXACTLY that, and they should make DAMN SURE that Blaire takes this as an "opportunity to review all of that." If you don't, then you can blame yourselves for the fallout, and the molestations, and so can everyone else.

Monday, April 16, 2012

Father Kelly: "By the time you read this..."



UPDATE January 14, 2014:
Kelly has just been CRIMINALLY Indicted, and request for extradition from Ireland has been filed.
Read more

Channel 10 News in Sacramento is reporting: 

Father Michael Kelly, Found liable for child sex abuse for molesting a young boy at the Cathedral of the Annunciation in Stockton in the mid-1980s, and currently under criminal investigation in another separate, child sex abuse case, has fled the country for Ireland.

I'm Shocked. SHOCKED, I tell you....

He should have just asked for a change of venue to San Molesteo County.

[Update: 4/18/2012]:
There is now some coverage in Ireland about Kelly's return there. It would appear from comments that local folks would like Kelly to return home to face his accusers:

Read the story in thejournal



Tuesday, April 10, 2012

To Victims of Father Michael Kelly of Stockton; Lockeford; Modesto; Sonora; San Andreas and Ceres, CA: Please Come Forward

UPDATE January 14, 2014:
Kelly has just been CRIMINALLY Indicted, and request for extradition from Ireland has been filed.
Read more



Update: 9/12/12:  7:24 EST.

A second lawsuit has just been filed against Kelly by a victim who states that he was sexually assaulted by him at St. Andrew's Church in San Andreas:
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20120912/A_NEWS/209120317

If you are a victim or have any information on other assaults by Kelly on children, please contact

Attorney John Manly: 949-252-9990


Update: 5/1/12: 7:23 EST:

Update on criminal investigation into Michael Kelly by the Calaveras County Sheriff's office
http://www.mymotherlode.com/news/local/1607386/Father-Kelly-Facing-Criminal-Charges.html

Excerpt:


The Calaveras County Sheriff's Office has been investigating additional allegations made against the priest. Kelly has reportedly returned to his native Ireland. If additional charges are brought against Kelly, it could potentially lead to him being extradited back to the U.S.


Sheriff Gary Kuntz has released the following statement, "The Calaveras County Sheriff's Office is currently completing interviews with persons associated with the Father Kelly case. Attempts are being made to locate potential witnesses and victims, however this effort is complicated by the fact that many persons now reside out of the area. One Detective from the Sheriff's Office is specifically assigned to the case, and it is the intention of the Sheriff's Office to submit a report to the District Attorney within the next 30 days."

The Sheriff's Office notes that no further information will be released until the full report is submitted to the DA's Office.



Update: 4:11/12: 6:25 pm EST:
Someone's posted a "Looking for Victims of Father Michael Kelly"  on Craigslist  for Sacramento.
http://sacramento.craigslist.org/com/2950462981.html

Update: 4/11/12: 8:40 am, EST:
An article today in the Modesto Bee, "What's Next For Former Valley Priest Kelly after Verdict?" states that in addition to Stockton and Lockeford, Father Mike Kelly also worked  at the following parishes and organizations:

* Our Lady of Fatima in Modesto, from 1973-1979
* Modesto Youth Soccer Association, which he helped found in 1976
* Early to mid 1980s: Cathedral of the Annunciation in Stockton
* Sonora: spent  a decade in Sonora from 1987-1997
* San Andreas, 2000-2002
* St. Jude's in Ceres from 2003-2004
* St. Joachim's Catholic Church, Lockeford, 2004 -2012, until forced to step down

The Modesto Bee also reports that  another victim states that he was sexually assaulted between 2002 and 2002, when he was 10 years old.

According to John Manly, lawyer for the victim in the civil case where Kelly was found guilty of sexual assault last week, the Calaveras County Sheriff's Department is investigating whether criminal charges should be filed.  Yesterday, in the comments section of a Stockton Record about the Kelly case, the Sheriff's department asked victims to contact them.

Please report any information related to potential victims of Michael Kelly to:

Calaveras County Sheriff's Department
891 Mountain Ranch Road
San Andreas, CA 95249
(209) 754-6500

Or contact 9-1-1 if there is a current threat.


Original Post: 4/10/12
On April 6, 2012, Good Friday, a civil jury unanimously found Father Michael Kelly, who for the past 8 years has been working as a priest at St. Joachim's Catholic Church in Lockeford, of sexually assaulting a 37 year old man when he was 10 years old and an altar boy at the Cathedral of the Annunciation in Stockton. 

The Stockton Record talks about a defining moment in the trial:

Both Kelly and the plaintiff testified, and the alleged victim's courtroom breakdown was one of the defining moments of the trial, according to a man who attended multiple hearings.

"He was in Day 2 or 3 of testimony and cross-examination, and he had an outburst," said Tim Lennon, of Survivors Network of those Abused by Priests. "He pointed and yelled, 'You raped me, I was just a kid,' and it came from the very core of him as a person. It hit me to my heart, and I assume it had a similar effect on the jury."

Another victim of Kelly's will be getting his day in civil court later on this year. Both of these victims are out of statute for a criminal case. However, we have been told that there are many, many more victims of Kelly out there who have yet to come forward. Some of them may  be within statute for criminal prosecution.

The two victims who have spoken out so far have paved the way for the others out there; please break your silence and come forward.

One of Kelly's likely victims died not long ago. I know the family of this likely victim. When someone is sexually molested, those closest to him - spouse, children, parents, siblings, are  scarred by it as well.

If you are a victim, or know of one, or have  new information regarding Kelly's illegal activities with children, you can email me: balfour.victoria@gmail.com.
Or leave a message at 650-549-5241 and I will return your call.

You can also contact Tim Lennon at SNAP, for victims of priests:  sflennon@gmail.com   

Finally, congratulations to lawyer John Manly for his victory on this civil case. Manly, who appeared in the Academy Award nominated documentary "Deliver Us From Evil" about another Stockton pedophile priest named Father  Oliver O' Grady, has been working for victims in priest abuse cases for many years.


Thursday, April 5, 2012

A Caller Claiming to be a Parent of an Ayres Victim: A Word of Caution

Yesterday, the day before the fifth anniversary of the arrest of Dr. William Ayres, a mother of an Ayres victim received a phone call from a man claiming to be the father of two victims. The mother  noted that her phone ID said "private caller" when this alleged father of a victim  called.  He asked her if she was the mother of an Ayres victim. She  said yes. The mother, who has a common name and whose phone is not listed in her name, wondered how this man had gotten her number, but forgot to ask him.

The man did not give the mother his phone number or email address. He talked to the mother a bit about his sons and the pediatrician who sent his sons to Ayres and how much he appreciated her voice as the parent of a victim.  But as soon as the mother started to complain to the man about how the Ayres case could have been wrapped up with a conviction decades ago, the man got off the phone in a big  hurry.

For the past five years, this man has called a number of other people who have been involved in the Ayres case. He called me four times in 2007. He called another victim's advocate in 2009, during the Ayres trial. He also called Boston lawyer Mitchell Garabedian after the Ayres blog posted a New England Cable News Network interview Garabedian did in March 2010 about the Ayres victims. He has most likely called others, too. He always calls from a private number; he refuses to give out his email or phone number.

Now, this man may be a father of a victim. If he  really is who is says he is, then he  has our sympathies.

However, some of us who have been contacted him have been concerned that he may not be who he says he is.

For example, the man has a very distinctive voice -- one I will never forget. The first time he called me, on April 24, 2007, he gave me his surname ,which begins with an "S". "The second time he called, he gave me a different surname, but also beginning with an "S." The third time he called, he gave me the same surname as the second time but with a different first name.  The fourth time he called, in August 2007, he gave me a new first name and surname, but both beginning with"S."

The first time he called he said he was the "friend "of a victim. The second time he called, he said he was the father of one son who had been a victim. On the third and fourth calls, he said he was the father of two sons of victims.

The fourth time he called me, he reached me at my workplace. My employer had just moved to a new building and I had a new work phone number- one that no one in California had.  When I asked the man how he had managed to get my work number, he said, " Oh, I was at  a meeting of Ayres victims in Burlingame the night before. There were 60 parents there. A mother of a victim there had your number and gave it to me."

When I asked for the name of the mother who had given him my phone number, he refused. This was odd; at that time I only knew two parents of Ayres victims and neither of them had my new work number. Furthermore, I knew that neither of them had been at a meeting for parents of victims in Burlingame the night before. If fact, none  of us were aware of any meeting that had taken place at all. And  given that roughly 30 victims had come forward at the time,  it didn't seem plausible that sixty parents could have attended the meeting.   It also struck me as strange that while he said he was calling from his office ( I could hear other phones in the background) when I asked for his work number, he said he couldn't give it to me because he couldn't make any calls from work about the Ayres case. But during this call he was pumping me for information on the case and about the other victims.

Finally, I said, " I've heard your voice before. Each time you call you've given me a different name. I think you're a private investigator working for Ayres' lawyer." That's when the man panicked and got off the phone as fast as he could.

I haven't heard from him since. That was almost five years ago. But this man continues to call others who have knowledge about the case.

It has occurred to DeepSounding and me that perhaps this man could be just a  news junkie about the Ayres case,  who gets a thrill of digging up phone numbers of people with knowledge about the case and talking to them.  As I said up top, he could be the father of a victim or victims. But we're just not sure.

If the man who made those calls is reading this, you know who you are. If you are a legitimate parent of a victim, you can email DeepSounding and tell us about yourself. There's no chance your sons' names - if you do have sons and they were  Ayres victims- will ever be in the paper at this late date. If you are a legitimate parent, when you do call other parents of victims or lawyers or other advocates to talk to them about the Ayres case, it's well past time for you to give them an email address or phone number so that we can verify who you are.

Finally, if you are not the parent of a victim, then please bug off and stop calling parents of victims and others who have been involved in this case.


Tuesday, April 3, 2012

ayres Molester Lawsuits Underway Again


The lawyer  (John Carcione) for three of the plaintiffs filing lawsuits against  william hamilton ayres relating to his molestation of young  boys, was in court today regarding the lawsuits which were stayed pending outcome of the criminal trial and related competency trial. According to courtroom case notes, the Plaintiffs can now motion to have the stay lifted, so that they can proceed with the lawsuits.

The next case management review will be May 15, 2012 at 9am.

From the notes from one of the three cases (all are nearly identical):
HONORABLE ROBERT D. FOILES, JUDGE PRESIDING.

CLERK: CHERYL LYSSAND
COURT REPORTER: NONE

ATTORNEY(S): JOHN P. CARCIONE APPEARED ON BEHALF OF THE PLAINTIFF.
ATTORNEY(S): CONSTANCE I. YU APPEARED BY COURTCALL ON BEHALF OF DEFENDANT JOHN DOE 1

THE COURT IS INFORMED THIS MATTER WAS STAYED AS TO DEFENDANT JOHN DOE 1 PENDING DETERMINATION OF DEFENDANTS COMPETENCY IN THE UNDERLYING CRIMINAL MATTER. PLAINTIFF WILL FILE A MOTION TO LIFT THE STAY SO A TRIAL DATE CAN BE SET.

HEARING CONTINUED TO 05/15/12 AT 09:00 IN DEPARTMENT 21.

PLAINTIFF AND DEFENDANT SHALL SUBMIT AN UPDATED CASE MANAGEMENT STATEMENT.
ENTERED BY C LYSSAND ON 04/03/12.

There are currently FIVE lawsuits that we know about against william hamilton ayres relating to his molestation of young  boys while he was alleging to provide psychiatric care.


Monday, April 2, 2012

Civil Suit Hearing Tomorrow 4/3/2012

There is a Case Management hearing scheduled on April 3, 2012 at 9am, for 3 of the 5 civil lawsuits against william hamilton ayres relating to his molestation of young boys while he was alleging to provide psychiatric care. 

These hearings are normally very brief, and referred by case number only - CIV467741, CIV467743, CIV467742 - as all parties are listed as anonymous names, including ayres himself (He's listed as "John Doe #1)   In the past, often there is only one attorney for the plaintiff present, and ayres' attorneys just phone in. ayres has never been present as far as I know. Sometimes the defense attorney phones in too, so the whole thing may be over the speakerphone. There are other cases being managed in the same time-slot, so you you just have to wait for the case number to be announced by the clerk. Could happen at 9, could happen at 11. I don't think I've ever been there later than about 10:45 though.

The hearing is currently scheduled in the courtroom for Dept. 21, in the Redwood City Courthouse.

All 5 civil cases were stayed pending outcome of the criminal proceedings.

Brief Info on the FIVE civil suits:


There are currently FIVE known lawsuits against william hamilton ayres relating to his molestation of young  boys under the guise of providing psychiatric care.

The civil cases were stayed by presiding judges with wording like the below (not the same language for ALL 5 cases, but all were similar:


HONORABLE BETH LABSON FREEMAN, JUDGE PRESIDING. CLERK: SEAN KANE COURT REPORTER: CHRIS PEREZ  
ATTORNEY(S): JOHN P. CARCIONE APPEARING ON BEHALF OF PLAINTIFF CLARK DOE.  
ATTORNEY(S): CONSTANCE J. YU APPEARING VIA COURTCALL ON BEHALF OF DEFENDANT JOHN DOE 1.  
PARTIES INFORM THE COURT THAT THE RELATED CRIMINAL ACTION HAS BEEN CONTINUED TO 2/18/11  FOR FURTHER PSYCHIATRIC EVALUATION. PER AGREEMENT OF PARTIES, COURT ORDERS THE FOLLOWING:
ENTIRE CASE IS STAYED PENDING COMPLETE DISPOSITION OF RELATED SUPERIOR COURT CRIMINAL CASE.  
PARTIES MAY REQUEST TO PUT CASE BACK ON THE PRESIDING JUDGES CALENDAR FOR TRIAL SETTING  
WHEN APPROPRIATE. REQUEST MAY BE MADE TO THE COURT DURING THE PRESIDING JUDGES EX PARTE  HOURS. COURTCALL APPEARANCES SHALL BE PERMITTED.  
FORMAL ORDER TO BE SUBMITTED BY COUNSEL.