New information in Merc News

New Information:

Joshua Melvin has published a new article in The Mercury News.

It seems that although the competency re-trial is scheduled for August 22, the DA will be deciding the week of July 18th if they intend to just accept ayres' "incompetence" claims.

As per usual, ayres' asshole defense weasel has "no comment" about the blood money he is accepting from ayres, who charged parents for the time he spent molesting their young boys. ayres may also have received money to assist in his defense from any number of dipshit sham shrinks in the area (like these incompetent, quack shrinks).

The asshole defense weasel supports his family with money that is earned via the pain of victims all over.

Good job defense weasel.

Go read the article.

Competency Mis-Trial Status Conference

[Original Post by DS: 06/29/2011 9:05AM PST]

Today's Status Conference Results:

The attorneys showed up at 8:45, disappeared into the judge's chambers for a few minutes, and then left. According to the bailiff, there is no information other than that the August 22 trial date stands, and nothing will be discussed in open court today. The bailiff apparently didn't have many other specifics.

There might be more to the story, as the court started watching this blog at 8:46AM, and has viewed the blog several times since then (seven times). Perhaps the news folks will talk to McKowan about behind-the-scenes discussion and maybe get another juicy "No Comment" quote from McDougall.

Competency Mis-Trial Hearing Wednesday

June 29th, 2011 8:45am
Status Conference after Competency Trial Mis-Trial

There will be a conference on Wednesday, June 29th at 8:45am to discuss next steps for case of william hamilton ayres, alleged psychiatrist, who molested many young boys under the guise of providing psychiatric care.

On June 17th, mistrial was declared in ayres' sham competency trial. The court has set a re-trial date for August 22, 2011, but there is a status conference on Wednesday, at which point this may change.

From discussions in court and in the paper, it seems that they may not go ahead with a re-trial for the competency portion of the case. Even if they do have a trial and determine that he is competent, there seems to be indication that there will be no criminal re-trial, and if he is found incompetent, he may get "outpatient" treatment.

At this point it's looking very much like ayres will walk, even though he's a habitual molester, and has been for many years. 

Please read the post and comments immediately below this one for discussion. There is an article in the San Mateo Daily Journal as well: Read More Here

Today's Hearing to Determine Future of Ayres case: No Decision Made Today

I don't have full details, but a parent of a victim who attended this morning's hearing says that no decision was made today about a retrial for Ayres' mental competency. Another hearing on this matter is set for this Wednesday, June 29.


While a date of August 22 was discussed among the attorneys for a retrial of the competency, prosecutor Mckowan told the mother of the victim that "there probably won't be another criminal trial."


Coincidentally: 


Yesterday in Delaware, the notorious pedophile pediatrician Dr. Earl Bradley  who was indicted in February 2010 on 470 counts of raping and molesting children was CONVICTED yesterday - a mere SIXTEEN MONTHS after the indictment. 

The Profession

I've read some of the comments over the last few days, and frankly, I'm a little disappointed about some thing that you be surprised that I'd be disappointed about.

I've thought about not even posting my thoughts on this, because, in a sense, I'm "biting the hand that feeds me" (again).

There have been posts by a few people who claim to be shrinks, both here, and in the San Francisco Chronicle comments section. They express empathy to the victims of ayres, and they mention that ayres "Disgraced us all."

To be sure, I would STILL like to hear others in the profession comment on this, but what I REALLY want to know is: Where the hell were the comments like this BEFORE there was precious little chance of any conviction, and when speaking up might have made you a little out of place with your colleagues?

I can think of only a very small handful of people who were ASSOCIATED with ayres in the past who spoke up BEFORE or during the criminal trial, and one of those few was a judge, so doesn't really count. There is a laundry list of shrinks who sent out requests for support of ayres legal woes. ( some of them are pictured above) and one has supported ayres in public ( Etta Bryant).

But few have spoken up to clarify that:

A) It is a sham that ayres was claiming to do physicals. ( These were NOT physicals.)

B) Psychiatrists don't do physicals.

Where are all of you, why aren't you being vocal? You're complaining about your profession being disgraced: if you really care, then why didn't you speak up when it counted? If 50 shrinks in the bay area had stated in the press that this claim was bullshit, there would have been public outcry at the outcome of the first trial. If you had hounded the DA and the press about this "Disgrace" BEFORE the first trial, you all could have saved some of the disgrace brought to you profession.

You didn't.

When I spent years in therapy as an adult, wanting desperately to talk about the problem, and while displaying classic symptoms of an adult who had suffered child molestation, I was never asked once about where those symptoms might have come from. I was dying to be asked, and no shrink ever did.

I don't know that there's much disgrace left for your profession to suffer.

Well, so much for gratitude, right? I guess as this drags on and on, I have very little grace left in me. But at least I'm growing a pair of balls.

Comment Received via email

I received the following email from Tim Wulff through Michael Stogner:

This news article written by Joshua Melvin smacks of bias, distortion and misrepresentation of fact.

This was NOT a competency hearing.  It was an incompetency hearing.  Competency is presumed. Incompetency is not presumed.  The statement 'He cannot be retried on the criminal charges until he's deemed competent' is a false statement.  He will or will not be retried solely on the determination and decision of the DA's Office.

The fact of the mistrial on incompetency will raise issues on appeal.  That will be the DA's concern.
This 
Further, in spite of the utterly unusual events surrounding the declaration of mistrial and the basis for it, not one word of comment is made by the reporter on this subject.  Why?

How often does such a high profile case terminate its deliberations so quickly?  Yet not a word from this person reviewing the event. 

 Further, although on-site observers of the trial are unclear as to whether there was a public hearing of the mistrial event, as has always been the case in my experience, there appears to be the possibility that the entire event was conducted in private.  This would be extraordinary if true, and certainly newsworthy.  

We all know from having seen events like this repeatedly, that it is common practice for a judge to admonish the jurors, consult and advise them according to the law and send them back to try again time and again.  Yet, in this case, the judge seems eager to accept the mistrial path and waste the taxpayer's hard-earned money.  Why?

None of these issues are addressed by the reporter and editor who seem to my mind intent on creating misinformation in an attempt to mislead the public.  If this is the case, it is reprehensible and irresponsible in the extreme.

There has already been a long series of events in this case of questionable actions and behaviors on the part of both Bay Area News Groups characterizations in their reporting of this horrid trial, as well as those of the DA's Office and the Courts in the conduct of this case.

Does Dr. Ayres have knowledge of the conduct of others within the government and judiciary of the County of San Mateo that requires those in power to take steps to collaborate in efforts to protect him  from the obvious consequences of his actions?  One can only speculate..

Competency Trial - Mistrial Declared

6/17/2011 MISTRIAL DECLARED.

The competency trial for william hamilton ayres has ended in mistrial.


[Original Post by DS: 06/17/2011 6:53PM PST]
[Updates by DS: 06/18/2011 7:30AM PST]


According to the San Francisco Examiner, DA Wagstaffe has indicated that:

The case will continue next week, when the judge and attorneys will decide whether to retry the competency issue. Otherwise, Ayres is considered competent.

On the flip side, Joshua Melvin's article in the Mercury News indicates that prosecutor McKowan and Defense attorney McDougall will meet in court on Friday, June 24, 2011 to decide what to do next. 


Further, Melvin's article indicates that:

If prosecutors decide against a second competency trial, it could mean the end of the case against Ayres. He cannot be retried on the criminal charges until he's deemed competent.

There seems to be some conflicting information out there, but I think that it's likely that the story in the Examiner is either misquoting DA Wagstaffe, or Wagstaffe was just puffing up after a blow. Melvin seems to pay pretty good attention to these kinds of details.

On a personal note: I'm obviously very upset about the outcome ( As you can tell by my comments immediately after the post of this article. ) I've had it with all of the parties involved, and the continual delay tactic of the defense is holding grievous old wounds open. I'm not sleeping anymore and my health is poor.


In the past, I've switched between leaving comments open and moderating them first. Every time there is a setback, a select few people come out of the woodwork to attack me, a victim of william hamilton ayres, for stating my mind openly and frankly. They all fit into the category of either family and friends of the soulless subhuman ayres, or they are sick individuals with problems on par with ayres'.

I will not be posting for a few days.  In 24 hours this blog will autmatically send all comments to moderation, meaning that any comments that you have will wait until I decide to review them. So all of you asshole ayres supporters out there need to get your shots in now... 

Competency Trial Day - Day 9 - Deliberation

Updates for Friday, June 17, 2011 whenever I can get them:

9:00AM Jury is scheduled to resume deliberation.

11AM Court clerk indicates jury is still in deliberation.

2:00PM Clerk reports that the last entry shows the Jury went to lunch. So no verdict yet.

3:00PM Jurors seen on break, back to work at 3PM.

4:00PM Michael Stogner reports that jurors are still at work, and appeared relaxed and seemed to be getting along with one another.  Court clerk line is now closed, If we are able to hear more from Mr. Stogner, we'll relay it to you.

4:PM Michael reports that the jury has left.

Looks like they'll be back on Monday. 

Competency Trial Day Eight - In the News

NOTE: The jury is still deliberating. They will return tomorrow, Friday June 17, 2011 at 9AM to continue deliberation.

Joshua Melvin has posted this evening's article in the MercuryNews. Please go read it.

Joshua mentions that in McDougall's closing statement, he says:

"Step back and think of this as humans,"  "He's not competent to assist in defending himself in the most important (moment) of his life."

ayres is not human. One must have a soul to be human. ayres has already faced the most important moment in his life, and it was that moment in which he surrendered his soul to follow his perverse, prurient sexual fascination with the first young boy. he re-confirmed the surrender of his soul each and every time he selected a new young victim, and he did it even though he was trained to understand the bleak damage that it would cause his victims.  Over and over and over and over again, he demonstrated willingness to participate in Evil.

ayres is an empty husk, a bankrupt proposition: devoid of value. his life has long since been forfeit.

Personally, I hope the weight of the lie in McDougall's statement does not press on the hearts of the jury. They too, are innocent bystanders burdened by the evil that william ayres has wrought.

Competency Trial Day Eight - Brief Updates

[Original Post by DS: 06/16/2011 10:15AM PST]

At 10:05AM the prosecution wrapped up their closing statement, Break until 10:20AM.

At about 11:00AM the jury was handed the case.

2:15PM - No word yet.

3:20PM - No word, no observer in court. Clerk reports no verdict yet, but I think it's possible that there is some delay between actual verdict and computer update.

4:10PM - Court office closes at 4pm  G#*%#!! Keep Checking the news for info. I'll report here when I know anything.

4:20PM - Just got word from Michael Stogner that the jury is finished for the day, but not done deliberating, and will be back in court tomorrow at 9:00AM.  (Thanks for keeping us so well posted for the past week, Michael!)

Trial Day Seven - Letter from Parent of Victim

There is a new post from Wednesday's court proceedings below this one. I got this letter from a parent of an ayres victim tonight. (Thank you for this letter. It is very meaningful.)

I am the mother of one of ayres victims, a victim who has nothing to gain by this fiasco other than to hopefully see the truth be told and justice served. A real long shot.

Ayres is guilty of the charges against him. Ayres is the most vile subhuman.  He was trained in an esteemed profession, he took an oath to do no harm, he then used his profession to impose his perverted prurient interest on the most innocent among us.  He has victimized helpless children, not adults whose psyche's are formed.  He has victimized innocents who had no way to protect themselves.  He continued with his victimization knowing full well the damage he was causing, interfering with the normal healthy development of these children.    He has left horrific scars on countless victims.  He is responsible for all of this.  That is his legacy in life --  He has harmed innocents.

For ayres to profess to be innocent is a joke.   He is as guilty as they come.  He deserves every bit of the inconvenience that these legal cases have caused him in stress, depression, financial loss.   He is worse than worthless.

For any professionals who have supported ayres, who have believed him, I say that you are sadly mistaken.  You need to  look at yourselves and ask why you are so blinded.   What are you afraid of?  Does the fact that he fooled you make you question your own competence?   It should.

He is guilty.

A mother who wishes she could change history.

Competency Trial Day Seven - Prosecution Cleans Up!

[Original Post by DS: 06/15/2011 9:00PM PST]
ayres just got his ass kicked.


Today, Paul Good Ph.D took the stand for the prosecution. 
Good was one of the doctors appointed by the court to evaluate ayres for competency well before the competency trial.

Good was professional, credible, and a VERY strong witness overall. He flat out stated that ayres is competent, and he left little room for doubt. Defense attorney Jonathan McDougall poked, cajoled, and harassed to try to get Good to admit otherwise, but Good simply did not budge in his assessment.

On discussion about one of the tests, McDougall questioned Good on segments of the testing, and was trying to get Good to say that some level of incompetence was shown, and that ayres couldn’t answer simple story questions. Good told the jury that that the story he used in the test was very complex and abstract, and that it is THE most challenging test sample. He said that initially ayres refused to answer questions, and that if those non-answers were scored, he wouldn’t have passed, but Good says that because he knew that ayres is intelligent, he needed to have a challenging enough test to get him to cooperate, and when he actually got ayres to participate, ayres scored absolutely fine on the test. There seems to have been an implication here that the Defense doctors may not have been persistent and patient enough to overcome ayres stubborn refusals, and simply accepted non-response as a failure. 

McDougall kept hammering at Good about ayres’ off-topic rambling as was discussed yesterday by the Frumpy Liberal Hippy Ph.D.  Good was adamant that these instances were NOT off-topic rambling. He says that ayres clearly wants for his attorneys to understand his points, and ayres is trying to keep these points central to the discussion. Good says that ayres wants everyone to know that he was trained to “examine” young boys and that he does not want to plead guilty because he is not guilty.  When his attorneys stray from that topic, ayres is bringing the point to the center of attention again.

Prosecutor McKowan on several occasions asked Good about specific examples from the past that demonstrate that ayres  is, in fact VERY competent to remember and process information.  (Interestingly, most of these examples seem to also reflect on ayres typical stubborn, narcissistic arrogance.)


Good relayed that ayres sounded mildly paranoid about police and patients, He felt that an officer had lied in order to get a search warrant.  ayres complained about Dr. Ponton who testified in the 2005 civil trial and in the 2009 criminal trial against ayres.

McKowan points out that this shows well functioning memory, and it’s also a good example, because Ponton testified that “physical exams” are not standard practice, which causes ayres to laser beam focus on his sore point – his insistence that he was trained to do “physical exams.”

The “training” line of discussion allowed McKowan to discuss the fact that while ayres insists that he was trained to do “physicals,” while McDougall was preparing for the re-trial, he was unable to find a doctor willing to testify to that fact. Even Gil Kliman wouldn’t come back to testify.

Good also discussed ayres being upset about his attorneys. He says that they are deceptive and lie to him. ayres thought that Weinberg was lying to him. Specifically, a plea bargain was discussed  in the criminal trial, but ayres claims he didn’t know about it, but Solveig did. ayres insists that he won’t plead guilty to anything because is not guilty. [ NOTE: Joshua Melvin covers this better in his MercuryNews article.]

Good mentioned that ayres complained about a scientologist reporter who had a vendetta against him. McKowan asked Good if ayres had specifically mentioned Victoria Balfour to him. Good said that in fact ayres had: ayres told Good that Balfour got complainants to come out against him and that she has put up a web site against him!  At first, Good thought that ayres might have a problem with  paranoia,  but then Good said that he looked at the blog, and realized that ayres was fine. (I must admit: I very nearly choked to death laughing when i heard this! By the way: Victoria is NOT a scientologist.)

(I’ll take the moment to thank Victoria Balfour for her extensive contributions on my blog. She HAS made it a point to see that an animal who has hurt so many has finally been pushed into the justice system where he belongs. Her fact finding has been nothing short of amazing, and there’s no way I could accomplish what she has. I don’t have the necessary skills, and it’s too painful to keep all the fact straight. So, Thank You! )

ALL of these memories that ayres has recounted demonstrate that he is not at all incompetent. He clearly is able to focus when engaged. 

In the afternoon Dr. George L Wilkenson MD, a forensic psychiatrist, testified.

Wilkenson interviewed ayres in January and June of 2011. Wilkenson was reserved and seemed a bit more casual. He says that ayres IS competent, but that he probably needs some minor accommodations if he's going to testify, like the use of notes as was the case in the criminal trial, or more frequent breaks.

Wilkenson related a pair of questions that he asked ayres. In January, he asked ayres if he had any three wishes, what would the be. Ayres answers were: Legal problems solved, physical ailments solved, all of his lost cash back. Wilkenson said that these were selfish wishes. When he saw ayres in June, to the same question, ayres replied: Stop wars, Help people be kinder, A social justice system. Wilkenson said that these answers show an improved mental state, and are more altruistic.

Distracting a bit from Wilkonson’s testimony was that desperation had already set in, and the Defense team was behaving very badly:

For one thing, Frumpy Liberal Hippy Ph.D. had remained in the courtroom from her morning cross examination, and was sitting right in the front, disturbing the proceedings with antics that I easily could have predicted yesterday, had I known that she was planning to linger.  She rolled her eyes wildly while looking back at Solveig whenever she didn’t like Wilkenson’s answers. 

McDougall saw that Wilkenson was using notes, and he took the opportunity to use Wilkenson to show how hard it would be for ayres to use notes. McDougall aggressively would try to hurry Wilkenson whenever he would look at his notes. As McDougall was questioning Wilkenson, Frumpy Liberal Hippy Ph.D animatedly wrote a note on a big piece of paper, and put it up on the rail. Several times when McDougall paced nearer to her, she would wave around to get him to notice her. Finally she passed it over to him like a third grader passing illicit love notes to the class jock. 

McDougall then went on the attack: He asked Wilkenson to compare the scores from his test to the scores from the same test that another doctor did. As Wilkenson flipped through his notes McDougall harangued him more. Finally, he said to Wilkenson: “You don’t have alzheimer’s do you???” 

Needless to say, McKowan objected to the badgering going on. The judge agreed.  

Great job McDougall! You did a bang-up job demonstrating an easy accommodation if the prosecutor is pushing your client too hard. You can just ask the judge to intervene to slow things down a bit. Perhaps you should thank McKowan for helping you with your courtroom style.

The case is rested. The Jury will be given instructions tomorrow at 9am.

The jury was given extra specific instructions about researching the web given the mention of this blog during the trial.

I’m feeling pretty good about having put up my jury warning. I hope they do the right thing. 

Funny how all of these lovely Ph.Ds are sucking up to ayres. Maybe no one told them that ayres thinks that they are inferior, and that psychiatrists are better than Ph.Ds


Update:
Joshua Melvin has filed his story in the MercuryNews about today's testimony. He has lots of great information about the plea bargain, as well as some great quotes from Good, and from McKowan.
We also now know that the Frumpy Liberal Hippy Ph.D  has a name. Go read Melvin's article!