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 care” court 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.

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.

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.

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

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.

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.

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.

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.

Opinion: ayres' Imminent Release

According to court documentation, as uncovered earlier today by Victoria Balfour, william hamilton ayres, who molested many young boys while alleging to provide psychiatric care and/or juvenile evaluations for the County and Courts of San Molesteo, has asked for his daughter, Barbara, to take conservatorship with regard to his person, specifically with regard to medical care and placement. Estate conservatorship is not indicated. ayres' attorney Scumbag McDougall states that ayres felt that his daughter "possessed the knowledge and skills needed to do a great job" Further, Scumbag indicates that ayres seeks the "least restrictive placement appropriate for his needs." Well, we certainly hope that the molester's needs are being met. Maybe the DA and Court can provide a steady stream of expendable 9 - 12 year old boys for his enjoyment too. I wonder if Barbara will turn a deaf ear as everyone else seems to have.... 

The court documents essentially are the release of ayres, fait accompli. They present ayres as a patient on leave of absence from Napa State Hospital, and that ayres requested that his daughter be his conservator.

Documents show that he expressed reluctance to be sent home to live with his wife, or in a residential setting. The documents show that ayres has preference to be established in a “secured perimeter residential care facility.” This is probably to appeal to the court’s mercy, to show that he still thinks he’s demented, and needs medical supervision. (I guess so that he doesn’t wander off in his demented state, and accidentally molest more boys.)

Solveig, ayres’ trashy wife, agrees with the arrangement, and daughter Barbara Ayres is also OK with the arrangement, and everyone has signed paperwork saying so. The documents state that Solveig is not party to any action against the conservatee, such as divorce, etc…

No bond is required for this arrangement.

The documents state that ayres is “adjudged to lack capacity to give consent for medical treatment.” YET: they state that he is allowed to complete an affidavit of voter registration, and according to the documentation, ayres’ physician Dr. Telfer states: “ayres has the capacity to give informed consent about his medical care. Deficits exist in Memory and information processing and thought disorders”
The documents further state that ayres is healthy enough to be present at the conservatorship hearing, but he is not required to be there. He states that he will NOT be there.

According to Valerie J. Samuel, Ph.D.:

The most typical diagnoses given for those with thought disorders are:  Schizophrenia and Psychosis. The symptoms of Thought Disorders can include false belief about self or others, paranoia; hearing or seeing things that others don’t see; extremely disconnected speech or thinking; feelings that don’t match the situation; social  isolation; being unable to function at home, or school; odd behavior; excessive concerns about one's body or very disorganized behavior. 

In relaying the information, ayres’ attorney, Scumbag McDougall also states that he has “found that his status has deteriorated since Dr. Telfer’s declaration, and since my representation over the past two years.”  This is especially important given Scumbag McDougall’s renowned prowess as a medical doctor, with his degree from ImNotAFuckingDoctorButILookPrettySoTheCourtShouldBelieveMe University.


Fucking loser whiner ayres is taking antidepressants and painkillers, because he’s having such a hard time dealing with his sorry lot in life. Must be stressful, not having easy access to young boys.


On Wednesday, April 25th 2012, the conservatorship status will be presented to the court, and on Friday, April 27th 2012 , I assume Scumbag will be presenting his request to release ayres. The DA will wave their hands in objection (possibly), and then the court will shit on all of ayres victims again.

Hey, Barbara: Congratulations, now you're glamorous too! All you have to do is stand still and look stupid...

Continue on to the post below this one for additional details, and the original links to the court documents, etc. Also note that Victoria details the meds that ayres is taking, according to the public documents.

Ayres' Daughter Has Petitioned to be His Conservator

The papers haven't reported this, but we have learned that William Ayres' daughter Barbara Ayres, of Sacramento, has petitioned the court to become her father's conservator ( of his person- NOT of his estate.)

The petition states:

William Ayres is diagnosed with dementia of the Alzheimer's type. Without the assistance of others he is unable personally to provide for his daily needs as a result of the increasingly debilitating effects of the dementia, especially in the exposure to risk of self injury from falling and in failing to manage his medication regimen accurately. Failing memory also prevents him from managing his other health care needs without the assistance of others.

A total of six court investigators have been authorized to access Ayres' health information. For the record, Barbara Ayres did not attend her father's criminal trial in the summer of 2009.


Update: 3/16/ 12: 1:25 pm. 
Interesting information found at this entry:

03/07/2012

DECLARATION OF ATTORNEY FOR PROPOSED CONSERVATEE FILED BY WILLIAM AYRES

According to his lawyer Jonathan McDougall's statement, "Mr" (sic) Ayres is being given:

1) Citalopram for depression and anxiety
2) Levothyroxine for hypothyroidism
3) Memantine for cognitive deficits
4) Omega-3 fatty acid for cardio and cerebrovascular protectionprotection (sic)
5) Methocarbamol for chronic pain.

McDougall describes "Mr." Ayres' demeanor at  two meetings at his law office on April 2, 2011 and at a visitor's room at Napa State hospital on March 1, 2012 as "pleasant and cooperative." He states that Ayres "expressed concern over placing a burden on his daughter. He felt that she possessed the knowledge and skills needed to do a great job but did not want to burden her with responsibilities. "

MacDougall then states:

"Mr." Ayres expressed serious concerns about leaving Napa State Hospital for either a residential home or his home with his wife. He understood that the conservator would have with court approval the power to decide his residence."


Huh?  If he doesn't want to go home to his wife or a residential home, then where does he want to go?


To view the documents related to the case, click on the little picture of a camera on the far right "Image" column. it will open as an acrobat file:

Case PRO122027 - CONSERVATORSHIP OF WILLIAM AYRES 

Viewed	Date	Action Text	Disposition	Image
	04/25/2012 9:00 AM DEPT. 28	HEARING: APPOINTMENT OF CONSERVATOR FOR THE PERSON - Minutes
	03/14/2012 9:00 AM DEPT. 28	HEARING: APPOINTMENT OF CONSERVATOR FOR THE PERSON - Minutes	CONTINUED NOT HEARD
N	03/07/2012	PROOF OF SERVICE (BY MAIL) OF INVESTIGATORS REPORT - CONFIDENTIAL SERVED ON SEE SERV LIST WITH A SERVICE DATE OF 03/07/12 FILED.	-
	03/07/2012	FOR COURT REVIEW ONLY - CONFIDENTIAL REPORT RE: HEALTH CARE ISSUES FILED.	-	N/A
N	03/07/2012	CONFIDENTIAL INVESTIGATOR`S REPORT SERVED BY MAIL ON 03/07/12.	-
	03/07/2012	CONSERVATORSHIP INVESTIGATOR`S REPORT FILED.	-	N/A
N	03/07/2012	DECLARATION OF ATTORNEY FOR PROPOSED CONSERVATEE FILED BY WILLIAM AYRES	-
N	03/01/2012	CITATION (ORIGINAL) RETURNED AND FILED	-
N	02/27/2012	CORRECTION TO THE PROPOSED CONSERVATORS ADDRESS.	-
N	02/27/2012	NOMINATION OF CONSERVATOR BY PROPOSED CONSERVATEE	-
N	02/09/2012	PROOF OF SERVICE (BY MAIL) OF PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR SERVED ON SEE SERVICE LIST WITH A SERVICE DATE OF 02/07/12 FILED.	-
N	02/07/2012	PETITION FOR APPOINTMENT OF CONSERVATOR OF PERSON FILED.	-
N	02/07/2012	EX PARTE ORDER AUTHORIZING DISCLOSURE OF (PROPOSED) CONSERVATEE'S HEALTH INFORMATION TO COURT INVESTIGATORS - HIPPA	-
N	02/07/2012	DECLARATION OF PROPOSED CONSERVATOR RE: WILLINGNESS TO SERVE FILED BY BARBARA AYRES	-
	02/07/2012	CAPACITY DECLARATION - CONSERVATORSHIP	-	N/A
	02/07/2012	CONSERVATEE'S INFORMATION AND LIST OF RELATIVES FIED - CONFIDENTIAL.	-	N/A
N	02/07/2012	DUTIES OF CONSERVATOR AND ACKNOWLEDGMENT OF RECEIPT OF HANDBOOK SIGNED BY BARBARA AYRES	-
	02/07/2012	CONSERVATORSHIP OF THE PERSON FILED 02/07/2012 OF WILLIAM AYRES UPDATED TO ADD BARBARA AYRES AS CTR.	-
	02/07/2012	CONFIDENTIAL CONSERVATOR SCREENING FORM FILED BY BARBARA AYRES	-	N/A
	02/07/2012	CONFIDENTIAL SUPPLEMENTAL INFORMATION FILED (PROBATE).	-	N/A
	02/07/2012	CITATION ISSUED	-
N	02/07/2012	NOTICE OF HEARING RE PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR OF THE PERSON FILED	-
	02/07/2012	PLEADING AND PARTY INFORMATION ENTERED.	-

To the Jerry Sandusky Victims Who Have Not Come Forward:

As of this writing, former Penn State Assistant Football Coach Jerry Sandusky is charged with sexually abusing ten boys during the course of 15 years.

Everyone who knows anything about sexual predators know that this number represents just a tiny fraction of the actual number of boys  who were molested by Sandusky. There are likely hundreds of victims out there.

Some of them may have spoken up when they were children and been ignored, some of them may have been quietly hiding the truth forever.

Before I decided to speak up and say something to authorities, when, as an adult, everything began falling apart, I was very afraid of what would happen to me if I spoke up, and reported to authorities. I was afraid that I would be seen as culpable because I didn’t report when I was a child, I was afraid that I could be compelled to testify against my will, facing the gut wrenching embarrassment in court. Everything was falling apart, and I just wanted to hide.

I was following the news of the scumbag who molested me when I was a child. I had been looking for news for years, and when news finally broke, I posted comments on a message board. Ultimately I made contact with a person who was looking for victims to come forward to help the DA build their case. I finally did come forward. I used a throw-away cell phone to call the police, and asked about what would happen to me if I gave them my name. After talking to the officer, reassured that they wouldn’t want someone on the stand who didn’t want to be there,  I went in and filed a report.

I’m not going to mislead you: the path has not been easy. I didn’t get to testify; in general, things did not go well during the trial or aftermath. It’s still traumatic to this very moment, and probably always will be.  But I did sit in the courtroom during the trial and faced the devil himself. I sat in the front row, from time to time, and I looked into his eyes as he lied on the stand, he was staring right into my eyes while he was letting the bullshit flow from between his lips. Even though he won, I still beat that piece of shit, and I know that he knows it. That alone made my speaking up worth it, I wouldn't have been there if I hadn't ever spoken up. It was better, I think, than if I had not spoken up.

If you’re one of the victims of Sandusky, old or young, dying inside, wanting to speak up, but also afraid to, I’d urge you to contact authorities, a lawyer, anyone, talk to them anonymously, if you're more comfortable doing it that way. Ask them about what the next steps are. Most people investigating this kind of crime understand why you'd want more assurances before giving them your name. In my case, the officer was very understanding, and gave me facts with no pressure. I told him I'd think about it and call him back. Again, no pressure, he stated that he'd be ready to take my report if I wanted to do it. I hung up without giving him my name, and then called him back later, when I was ready.

The victims of Dr. Ayres and Jerry Sandusky cases have much in common. High profile predators in a position of power with unlimited access to children -- Sandusky through his charity, Ayres through his child psychiatry practice.  Both Sandusky and Ayres were protected and enabled by institutions, authorities, and colleagues, who either turned a blind eye to the abuse or were too cowardly to contact police. 

Sandusky victims: what you went through and continue to go through mirrors what so many of the victims of Ayres are experiencing now. To that end, we'd be happy to help put you in touch with authorities and/or legal representatives, or just to talk about what we went through, and perhaps what to expect.

deepsounding@gmail.com

balfour.victoria@gmail.com

Call and leave a message if you want: 650-762-9737. The number is a voice-mail number, and no one ever answers it directly, We'll return your call later.

Where is the Outrage?

Two items of OUTRAGE, both coming from my review of the San Mateo Daily Journal this morning:

The first item is a letter to the Journal, sent by two San Mateo County residents expressing their outrage at the poor job San Mateo county has done of controlling molester william hamilton ayres, who molested many young boys while he was alleging to provide private psychiatric treatment and  psychiatric evaluation services and court testimony for the County Juvenile System.

You can read the letter at the San Mateo Daily Journal. I've copied it here:

Editor,

Why is there no public outrage in San Mateo County over the William Ayres’ child molestation charges when similar charges in Pennsylvania brought rapid public outcries from the whole country? Do we value football more than the lives of young boys? Sandusky, unlike Ayres as a doctor, did not take an oath to “do no harm,” and boys were not sent to him for psychiatric treatment.

Ayres’ attorney is now using dementia as an excuse for his being unfit to stand trial or remain in custody at Napa State Mental Hospital for ongoing evaluation. If the County had acted on complaints filed in the ’80s and ceased sending referrals to Ayres, some 40+ young men would not still be seeking justice, to say nothing of the three victims who are now dead and will never have justice. Let us hope the county court will follow Deputy District Attorney Karen Guidotti’s statement that Ayres “belongs locked up” and not continue to treat him with deference and “kid gloves.”

Carol Abrams
Millbrae
Barbara Ross
San Mateo

The second outrageous item is an article in the same newspaper. There is an article this morning talking about charges against yet another alleged San Mateo County child molester, this one arrested last week. The article talks about Kyle Clifton Vogt's molestation of at least four girls, at least one of them very young, and of alleged threats he made to the girls if they spoke up. My problem with "The Daily Journal" is the same that it has been frequently in the past:

I think that The Daily Journal is trying to present an "impartial" reporting perspective on the matter. But as they have often done in the past, they keep ascribing blame to child molestation victims by describing the events as a "sexual relationship" as if the matter were some kind mutual... well... relationship. This is incompetence on the part of the Journal at best, and maliciously abusive and damaging on take-away. Here's the ACTUAL language that the Journal had the gall to print:

"A man arrested last week for having an ongoing sexual relationship with a girl beginning when she was 5 likely has at least three other victims and maybe more, according to South San Francisco police."

-March 06, 2012, 05:00 AM Daily Journal staff report

Is there a child molester friendly editor on the Journal's staff? Perhaps this is just a regurgitation of language that appeared in a police report, perhaps it is just poor editing (By the way, I checked SFGate, and they are reporting that the investigating officer uses words like "rape" and "molestation." I don't see the word "relationship" in the SFGate article.)  Either way, it's reprehensible and disgusting, and they keep doing it over and over.

Let me give the Journal a helpful tip to figure out wording when in doubt:

A FIVE YEAR OLD GIRL DOES NOT HAVE THE WHEREWITHAL TO DECIDE TO ENTER INTO A SEXUAL RELATIONSHIP WITH A 36 YEAR OLD "MAN."

Stupid fucking morons. 

UPDATE 3/7/2012: We now know who the fucking moron at the San Mateo Daily Journal is. Bill Silverfarb wrote this, this morning:

Kyle Clifton Vogt, 36, was arrested Thursday after a two-week investigation by police that revealed he allegedly had carried on a sexual relationship with his girlfriend’s half-sister for at least eight years starting when the victim was just 5.

-March 07, 2012, 05:00 AM By Bill Silverfarb Daily Journal staff

By the way: Police want other potential victims or people with information about Vogt to call them:
(650) 877-8910.