There are 432 days of credit for time served, including his time at Napa State, and other special calculations done. The papers are reporting that he's required to serve at least 85% of the time sentenced. Given the credit for time served, this means he's required to serve somewhat less than 6 years.
ayres will submit for genetic marker typing and will be required to register as a sex offender for life. ayres will pay $10K in fines to victim services, along with miscellaneous other fees and fines, some to be determined in a later restitution hearing.
They have 60 days to file for appeals and such.
McDougall brought motions regarding further dementia medical reports by Dr. Simon Tan of Stanford, but the Judge found that they really were no more informative than the existing medical reports, and further, she found that depositions taken for civil cases (submitted by the Defense as proof of further dementia) actually lend themselves better to showing very normal functioning.
McDougall's motions were denied.
Victim impact statements were heard.
The defense presented Barbara, Robert, and Solveig as character witnesses. Their testimony was more bizarre than anything else.
The place was crawling with press. There will be news articles and probably video -- I won't be posting more here until very late tonight at the EARLIEST. If you see news articles, please feel free to post the links, and I'll add them as I see them. There are probably already several articles out there.
Mercury News (pdf)
ABC Local (pdf)
SF Gate (pdf)
San Mateo Daily News (pdf)
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 had his bail revoked on August 7th, and is in San Mateo County Jail awaiting sentencing. 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.
San Francisco Chronicle:
ReplyDeletewww.sfgate.com/crime/article/Victims-denounce-psychiatrist-who-molested-them-4762642.php
San Jose Mercury News:
www.mercurynews.com/san-mateo-county-times/ci_23948856/peninsula-child-psychiatrist-william-ayres-sentenced-eight-years
San Mateo Daily Journal:
www.smdailyjournal.com/articles/bnews/2013-08-26/former-child-psychiatrist-imprisoned-eight-years-for-molesting-patients/1774216.html
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I think the Judge said it is eligible to apply for parole in 3 years. Did I hear her correctly?
The room was noisy, and just as a bailiff put his hand on a wheelchair handle, it seemed to say (loudly), "I can't hear him!" (referring to the Defense Attorney).
It shook its head after the Judge read off one of many $100-200 fines. Someone who has Alzheimer's wouldn't even understand the concept of money.
I didn't hear a parole eligibility statement from the Judge.
DeleteThe defense wanted NO jail, and immediate parole. The judge said NO PAROLE.
I think it's possible that you heard the statement that a MINIMUM of 3 years of PROBATION were REQUIRED. What this means is that AFTER ayres is released from prison, he must THEN complete 3 years of probation.
Parole is "the release of a prisoner temporarily (for a special purpose) or permanently before the completion of a sentence, on the promise of good behavior."
Probation is "the release of an offender from detention, subject to a period of good behavior under supervision." This basically means that AFTER he's released (Whenever that is...) he must behave for a certain period of time. If he does not behave (and he is caught) it's very easy for them to throw him back in jail for the duration of his sentence. (They aren't REQUIRED to have a trial for the new crime, they can simply throw him in jail for probation violation, while pursuing trial for the NEW crime.
There are legal minimums associated with the sentencing. So doing the calculations, He's sentenced to 8 years, but (if appeals are denied, and he isn't released due to prison overcrowding) the law states that he MUST serve only 85% of his sentence. If he behaves well, and the parole board likes him, he could be released at that point. He's already got credit for 432 days, so that leaves the remainder of the MANDATORY part of his sentence at about: 5.8 years. (IF the papers are correct about the mandatory percentage, and IF there are no other time-off calculations that get to be added in.
The ABC story online at least has a picture of him walking without support. I asked they removed the "wheelchair bound" statement as it is not true, he rides in it to elicit sympathy as we have seen in the videos, and to change the twice used phrase "boys who came to him for counseling" to reflect the fact that these boys were sent by the courts. Otherwise they are all pretty good articles.
ReplyDeleteSFGate and Merc article
Not all of the boys were sent by the courts. The child molester had private practice patients (I was one of these) as well as referrals from local schools, referrals from pediatricians, AND remands from the juvenile justice system -- these seem to have come from both the DA's office and from the Courts.
DeleteMea Culpa, I was wrong.
DeleteYesterday when the judge ordered Ayres to pay $10,000 to a victim's fund, he got royally pissed off and shook his head, "No."
ReplyDeleteHe was following the proceedings like a hawk.
I'm one of his victim's that decided not to come forword (now 36)and i got to say 8 years is not enough for what he did to me as a kid between the age of 11 and 14. He gave us (his victim's) chip's ahoy cookies and soda and model air planes, cars, and ships right before our "PHYSICALS". I feel the worst for his own kids because they beleive him and don't know who or what there dad really is. A SICK FUCK!
ReplyDeleteYes, I have to agree that 8 years (less really, with time served, and time off that he'll get) is paltry.
DeleteThe next few days may actually be more difficult for all of us than expected, I think -- Be safe, and know that there are many who understand you and what you're going through right now. You aren't alone -- take some time to do something you can enjoy, if possible. Use that sick day, if you have one!
I NEVER got cookies. I guess I don't feel all that gypped nevertheless.