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| Time keeps on slippin' |
The situation may still be fluid; here's what we know right now based on information sent to victims by the prosecution this morning:
8/6/2013 (Tues -- Original sentencing date) This is back on, but in front of a different judge, and only to reschedule the hearing for the following day.
8/7/2013 (Weds) Sentencing will be reset to August 26th, 2013. Prosecution may argue to have ayres remanded into custody in the interim.
8/26/2013 (Mon) New sentencing date for the moment.
Here's a general synopsis of what's going on currently:
While dates do seem to be finally pinned down, I'd recommend checking if you're planning to attend, as there appear to be many factors in play. (Call the court at 650-363-4302 - Press 1 and then . Ask for case number SC064366.)
Delayed Report:
The judge wanted a report as required by California Penal Code Section 288.1 to be completed by the time of sentencing. They were having trouble finding a "reputable" <snicker> shrink who was not potentially biased through their relationship with ayres. They finally found one who met the qualifications and who was willing to submit the report, but they need more time to complete the report, so the court needed to move the date of sentencing accordingly.
Here's the text of the statute requiring the 288.1 report:
Any person convicted of committing any lewd or lascivious act including any of the acts constituting other crimes provided for in Part 1 of this code upon or with the body, or any part or member thereof, of a child under the age of 14 years shall not have his or her sentence suspended until the court obtains a report from a reputable psychiatrist, from a reputable psychologist who meets the standards set forth in Section 1027, as to the mental condition of that person.
Other Motions:
Further, the defense has indicated that they might be filing other motions that will further delay sentencing. (This seems like a bit of a non-issue -- the defense always waits until the last moment to file delay motions, so allowing more time is only going to mean that that time won't be used until the last day.)
Scheduling Befuddlement:
Original plan was to reset the schedule on 8/5. Both the court and the prosecution were concerned about ayres not being in custody, and were potentially planning to remand ayres into custody in the interim between now and sentencing. Then Shyster McDougall claimed conflict with the 5th. While dates were moving around, the Judge scheduled an unrelated item for the 6th, so that date is no longer available, but the 7th is. Everyone will meet on the 6th (in front of a different judge), and just move the hearing to the 7th.
On the 7th, Judge Freeman will be back, and they will reschedule the sentencing to the 26th, and the prosecution will argue for remanding ayres into custody in the interim.
The prosecution has asked that victims, families, and other interested parties be made aware that the following are important dates for people to show up in court to help impart some urgency in the matter:
8/7/2013 (Wednesday): Prosecution will be arguing to have ayres remanded into custody (locked up) in the interim between then and whenever sentencing takes place.
8/26/2013 (Monday)(anticipated): Sentencing / Victim Impact statements before the Judge.
UPDATE (8/1/2013): There is now a good article in the San Mateo Daily Journal (pdf) with more extensive commentary from DA Wagstaffe on this 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. 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 is on bail awaiting sentencing, and 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.
