GUILTY CA - Dr. William Ayres for child molestation, San Mateo, 2007 #2

  • #381
  • #382
Here's what the prosecutor said about Ayres to the parents of the victims at a hearing on June 10, 2010:

"Who knows what his Dr. has told him about his life
expectancy? Maybe he can avoid jail altogether by using delaying
tactics?
"

Honest to God, that's what she said. The parents said it appeared to them that she just hopes he will die so she won't have to deal with this case.
 
  • #383
Well, at least the San Mateo District Attorney's office scored one victory in a child abuse case. Yesterday, British National Tarquin Thomas was convicted on 21 counts of child molestation. Congratulations to San Mateo prosecutor Aaron Fitzgerald, who actually won a major child molestation case for his office.

http://www.mercurynews.com/san-mateo-county/ci_16168574

Any chance Fitzgerald can take over from Mckowan in the Ayres case?

And an interesting note: Today there is not a mention of the delay in the mental competency trial. Time was when the papers reported every last little delay. Not now.

The Ayres case has become a footnote and a joke in San Mateo County.

More and more people believe the county has been the one to drag this out because of Ayres' connections to all of the judges and his contracts with the juvenile courts. People are too ashamed to deal with this, and the County is also afraid of lawsuits.

But for the prosecutor not to challenge the DA is - as usual - a disgrace.

How does one get a prosecutor off a case?
 
  • #384
USA Today has an excellent series this past week on prosecutorial misconduct.

Should be required reading: http://www.usatoday.com/news/washin...2-federal-prosecutors-reform_N.htm?csp=34news

Nothing in it, however, about prosecutors who lie about having contacted witnesses for their case and then trying to cover their tracks by making up bizarre stories about why she can't use them - even though she never contacted them in the first place.
 
  • #385
The Wall Street Journal's excellent Lawblog might be interested in the story of a prosecutor who is being sued for lying and fraud in a child abuse case, and who also recently was discovered lying about inculpatory evidence in the Ayres case and who made the decision not to include it in bad faith for personal or other improper reasons, rather than for legitimate law enforcement reasons. By doing so, this could subject the prosecutor to professional disciplinary sanctions.

Write to [email protected].

The reporters at USA Today who just did the series on prosecutorial misconduct might be interested as well to hear about the Ayres prosecutor.
They are Brad Heath and Kevin Mccoy. [email protected]. [email protected]
 
  • #386
Over at the William Ayres blog, a poster comments on San Mateo's conviction of child molester Tarquin Thomas. This is a very insightful comment into the workings of the San Mateo DA's office. Most disturbing is the comment that the DA drops cases that require groundwork.
Here's the comment:https://www.blogger.com/comment.g?blogID=5166908879185923782&postID=1728836256975241504

Over at the William Ayres blog, someone posted a comment in response to another poster's praise of Aaron Fitzgerald nailing Tarquin Thomas. Here's the comment:

Anonymous said...
Although today’s news about the Thomas case is good news, I don’t know that I’d use that as the sole basis to hold Aaron Fitzgerald in high regard.

Also in the news today is the news that the Erwin Giovanni Martinez retrial (originally he faced 15 counts of molestation) has been waved off, as Martinez has accepted a plea deal: No contest to two counts of false imprisonment with credit for time served. (I assume no sex offender registration.)

The Martinez case was prosecuted by Fitzgerald: THIS trial ended in 3 acquittals and hung on the remaining 5 charges (Wait 3+5 doesn’t equal 15! – Yeah, that’s because Judge Bergeron had already tossed out 7 of the charges.) They were going to re-try, but apparently a slap-on-the-wrist plea deal was easier for Fitzgerald and the DA.

I think the problem is a general sense of laziness in San Mateo County with regard to prosecution of sex crimes cases, particularly when the victim is a child, and there is no physical evidence that the “CSI” team can talk about. Many of the cases that have been basically dropped by the DA have been cases that would require some groundwork to prosecute (along the line of bringing in experts to show the jury that: No, small children don’t usually make up stories like this; No, psychiatrists are not trained to do physicals, etc…)

Comparatively, Fitzgerald hardly had to lift a finger in the Tarquin Thomas case: the jury got to watch videotape of Thomas in the act. In fact the defense attorney had to BEG the jury to not get emotional, and to “consider the camera angles” because maybe it only looked like there was penetration.

The bottom line is that San Mateo County is not doing a great job with child sex crimes. Perhaps letting sex offenders off on non-sex crime charges and not registering them as sex offenders is San Mateo’s way of dealing with the San Mateo County Civil Grand Jury’s declaration that San Mateo isn’t doing a very good job of monitoring sex offenders. Don’t put them on the registry, and you won’t have to monitor them!

(Keeping Munks in place at the SO may be the other half of their monitoring program.)

September 25, 2010 3:26 PM
 
  • #387
His lawyer has already tried this ploy and it didn't work. Two doctors have found Ayres mentally competent to stand trial. Why the DA didn't ask for proof is beyond me.

From the San Mateo County Times today:

Competency trial for San Mateo child psychiatrist to start next year

By Joshua Melvin
San Mateo County Times
Posted: 09/25/2010 04:46:37 PM PDT
Updated: 09/25/2010 10:35:57 PM PDT

REDWOOD CITY -- The trial over whether a once-prominent San Mateo child psychiatrist is mentally healthy enough to be prosecuted on charges he molested his young patients won't start until next year, a prosecutor said Friday.

Dr. William Ayres' attorney has asked to delay the competency trial, which was slated to start Oct. 4, because his client might be suffering from dementia or Alzheimer's disease and further testing is needed, said Chief Deputy District Attorney Steve Wagstaffe. The new start date is Jan. 10. Defense attorney Jonathan McDougall has declined to discuss the case.


Read more here:http://www.mercurynews.com/san-mateo-county/ci_16174462

___________

He's only 78. He's not that old. About the same age as Roman Polanski. And infinitely younger than that 90 year old Cleveland Nazi they deported back to Germany for a trial.

The parents need to hire a private investigator to tail Ayres. It's the only way to catch him in his lies.
 
  • #388
Last March a juror on the first Ayres trial reported that she had seen a man, twice, who looked just like Ayres, with a hat, coat, on a very hot day, sitting at a public swimming pool near his home, ogling the young boys in their bathing suits.

The San Mateo police were notified. They said they would put the pools in the area under surveillance, but who knows if they did.

Anyone see the Academy Award nominated documentary "Deliver Us From Evil" about a pedophile priest in Sacramento? After they deported him back to Ireland, the filmmakers found him lurking by a sprinkler at a public park, ogling the little boys in their bathing suits.

I think hiring a private investigator to tail Ayres is the only way to go now.
 
  • #389
Mercyneal--I'd like to be clear about something. Is Ayres' ordered to stay away from places where children congregate? I'm just not sure what A PI might be able to do at this point. Is it possible for you to post the restrictions he faces. Thanks.
 
  • #390
No, there are NO restrictions on him. There are no orders that he stay away from places where children congregate. And even if he did have an order to stay away from where kids congregate, do you honestly think that would stop him ? It's never stopped any other pedophile.

Additionally, his lawyer has been trying to say for the last six months that Ayres has dementia and Alzheimer's. But Ayres has been spotted out and about by himself, reading the New York Times.

The private investigator could show Ayres going to his usual activities, like attending the Opera in San Francisco, food shopping, driving, etc.

The private investigator could also watch to see who Ayres is socializing with. Is it Dr. Roger Levin, the child 🤬🤬🤬🤬 collector who got a slap on the wrist in the 1990s, who works in computers in Menlo Park now? Is he meeting with Dr. Etta Bryant, the psychiatrist who broke the law by failing to report a molestation of a child last year to the California Medical Board, after the mother of a victim came to her?
Is Ayres indeed hanging around swimming pools, as one former juror has attested to?

Is he going into San Francisco to the Haight, to pick up young runaway boys and paying them to have sex? God knows the area is crawling with beautiful looking very young runaway boys.

Does he have another storage space that the police don't know about - one that contains secret video tapes of him molesting boys in his office? Does he have a collection of child 🤬🤬🤬🤬 stashed there?

What does he do all day? Who does he meet with ? Does he go out alone? Does he act like he has dementia or Alzheimer's ?
 
  • #391
Mercyneal--As tempting as it is to know these facts, I'm not so sure what the recourse or outcome of having those facts would be. Would information gleaned through a PI's work even be allowed in as evidence? If Ayres has no restrictions on him, I would think that he could argue that he is being harassed. We all know what we think but really none of his actions could prove or disprove dementia. Many people with diagnosed dementia still drive and travel about town. They certainly are permitted recreation. Even those suspected of child abuse are allowed to view children and even photograph them. Think of the Jamie Auchincloss case. He served 30 days for possession of child 🤬🤬🤬🤬 but was also noted as having hundreds of photos of local little boys (clothed). Those photos were returned to him as there's no law against taking photos of children. He got those photos by hanging out where boys gather. Not against the law.

We just had a 54 year old man go missing in Ashland. He came to town to attend plays. He is formally diagnosed with frontotemporal lobe dementia and he wandered off after getting separated from his parents on a busy sidewalk. Thankfully he was found the next day walking far east of town, going over the mountain. My point is that this particular man was KNOWN to have serious dementia and was still attending theatre.

None of us would feel comfortable with Ayres sitting at a pool, a park, a middle school stadium or the children's section of the library. However, without prohibitions against frequenting places where children gather, he can sit or travel anywhere he wishes. A PI or victims' families cannot enforce greater restrictions than the court. A PI can certainly gather information which could be presented to the court in a report but I would want verification that a report would be admissible. And surely Ayres can have contact with any of the doctors you mention or any other adults unless they have restrictions on them. If the victims learned that he was meeting up with Roger Levin, that would certainly be telling but is it admissible?

If he's having sex with underage boys, that's a crime and would have to reported as such. Once again, though, Ayres could certainly claim harassment if he feels he's being followed.

When we were waiting for our case to come to trial, we knew that the rapist was not allowed to leave the county. His family took him 300 miles north to meetings with attorneys without getting prior permission. We reported it when we learned of it and nothing happened. He was just reminded again not to do it.

At another point, one of our adult sons was caught surveilling the house where the rapist was staying. Our son was threatened with arrest if he did not stay away from the other family. It's a terribly unfortunate but slippery slope and until there's an actual conviction, everything seems to tip in the accused's favor.

If a group of families wants to get together and pay for a PI, I would highly suggest having an attorney outline the parameters of what is and isn't admissible in court. It would be a shame to spend thousands of dollars on a PI to have a judge totally disregard the information learned. On one of the threads the other day, someone mentioned that a family had paid $10,000 for a PI and gotten a 4 page report which wasn't even accepted as evidence. Sad as it is, the DA's office has to be on board, IMO.
 
  • #392
Missizzy: The police were alerted last March that Ayres had been spotted at a swimming pool ogling boys. The deputy police chief stated that they would put officers at the pools in the event that Ayres showed up.


You're darn tootin' it would be news if Ayres was hanging around by a public swimming pool by himself, with no little children or grandchildren of his own. Remember, he's out on bail for child molestation.

I don't know where you live, but in the state I live in, many playgrounds won't let adults in alone if they don't have any kids with them.

And yes, a private investigator's information can be a useful tool in helping the district attorney what action to take. Ever hear of the Ira Einhorn case? It was a private investigator who did all the legwork that led to the discovery of his dead girlfriend in a trunk on his porch. The police weren't even investigating him.

If the district attorney is provided with information that Ayres is seen driving around town by himself, reading the New York Times and meeting with say, Dr. Roger Levin, or picking up a boy on a street corner at the Haight, you think they wouldn't use that? And if they didn't the press would use it. Remember, citizens can be helpful in taking photos of perps out on bail.

Newspapers have shown photos of defendants who say they are too ill and demented to go to trial all dressed up and having the time of their lives around town and you bet the prosecutors use these photos as ammo.

Haven't you ever seen newspaper photos of people pretending to be crippled with no legs and begging for money, and then showing them getting up and walking away?

There's also no law that would prevent a newpaper reporter from staking out Ayres. Reporters do that kind of thing all the time.

Sorry, I don't think many people with Alzheimer's are driving around town.
 
  • #393
Also, what's to stop a citizen who runs into Ayres at a restaurant or the opera in San Francisco from taking a photo? Or a creepy shot of him ogling young boys at a swimming pool? Several lawyers have already advised us to take a photo if we see anything like this.

Missizzy: Are you aware that the William Ayres blog has already posted videos of Ayres on the Ayres blog?


The blog has had numerous reports in the past on Ayres' activities that have come in from citizens- including from two child psychiatrists.

The William Ayres blog would post it on their site; send it to the press. You think that wouldn't be reported by the media? It might light a fire under the San Mateo DA.

But then, you never know with the San Mateo DA.
 
  • #394
At this point, I doubt that anyone has the kind of money to put Ayres under surveillance officially.

But as it's a small town, there is nothing to prevent a citizen from taking a photo of Ayres. In the past, he's been spotted at Trader Joe's and Costco in San Mateo. A mother of a victim saw him at the opera in San Francisco. He walked right past the mother of a victim - without his walker or cane. e used to see plays at the Ashland Festival. He may still be, for all we know.

His wife also food shops at Tragg's

If anyone sees Ayres out and about, please take a photo or video and send it to Deep Sounding at the william ayres blog.

[email protected]
 
  • #395
Missizzy: come to think of it, if some citizens did acquire some damning information on Ayres'actvities, they wouldn't bother to give it to the DA, as the DA has not shown any appreciation to the public for information on the Ayres case and has actually dissed some of the public for their information.

In all likelihood should we turn up any incriminating information on Ayres, instead of going to the DA, we would give it to the San Francisco Chronicle - which has done the best reporting on Ayres' background by far and is the only one currently doing a little legwork on Ayres. Or perhaps they would give it to the San Francisco bureau of the New York Times, which has also shown interest.

The San Mateo County Times and the San Mateo Daily Journal are utterly useless and have no imagination.
 
  • #396
Several people have reported that before the Ayres case went to trial in 2009, the prosecutor predicted that she would win the case but that Ayres would get it "overturned on appeal."

Is that how all prosecutors go into a trial -- thinking that their case will be overturned on appeal?
 
  • #397
I am starting to feel that there is no way we can win this one. There are too many people complicit in the mishandling of this case. It is deeply disturbing that apparently the entire DA's office is okay with this subterfuge going on. It distresses me that there are so many victims of this man who will never see any justice and he will be free to live the rest of life after ruining so many others.
 
  • #398
Mercyneal--Trust me, I grasp the depth of the frustration. However, IME, unless the police see a crime occurring, I seriously doubt that anything Ayres does will merit a sanction or a grater level of scrutiny. I might be wrong but I can't imagine it's against any law for Ayres to enjoy the sun at a park. You and I might say "ogling boys" while he would say "enjoying the sunshine". It's our word against his. He might be asked to move along and that's it. Pedophiles have a unique ability to place themselves in the "right place at the right time".

As to where I live--it's Ashland, OR and public nudity is legal in Oregon. We have had a recent problem with several men and women who walk all over town--including near schools and at parks totally nude or in loin cloths or thongs. Because of them, we now have a no "exposed genitals" rule. Breasts are not included in that rule. I'm not sure if this will hold up in court as it's contrary to state law.

I've long worried about Ashland's comfort level with children's nudity. There are quite a few naked infants, toddlers and young children in our parks in the summer. While I'm comfortable with it, I worry that those with less than pure thoughts might travel here for that express reason. The last time I was at a city park, about two years ago, I was surprised that a group of little boys and girls--about 7-8 years old--were flying their kites while totally unclothed. That seemed a bit old to me but others were fine with it. It's so subjective. FWIW, I've seen naked toddlers and those even a bit older playing in Golden Gate Park and Dolores Park in SF.

I'm starting to think that it is highly possible that Ayres has been diagnosed with the beginnings of some form of dementia and his attorneys are fighting tooth and nail to postpone things, hoping he will decline. That would explain a lot to me. Why the county keeps allowing the postponements, however, DOES NOT. Unless they benefit somehow from a man who is suffering from advancing dementia. How they might benefit is the million dollar question.
 
  • #399
Nope, three doctors found him mentally competent to stand trial just a couple of months ago. He's tip-top, so his lawyer just asked for a TRIAL to determine his mental competency.

Just a desperate delay tactic.
 
  • #400
Small item in the San Mateo Daily Journal today about the trial delay:

Former doctor delays molestation trial
September 27, 2010, 03:30 AM Daily Journal Staff report

The former San Mateo child psychiatrist awaiting a retrial on charges he molested several male patients won’t learn until after the new year if he’s competent to aid in his own defense.

William Hamilton Ayres’ defense on Friday successfully moved his client’s Oct. 4 competency jury trial until Jan. 10 — a year and a half after a jury failed to reach verdicts on nine counts of lewd and lascivious activity and almost four years after his 2007 arrest.
Judge Lisa Novak granted the defense request for more time but warned it will be the last continuance.

Ayres, 78, remains free from custody on $750,000 bail.
Court-appointed doctors have already found Ayres fit for trial but defense attorney Jonathan McDougall demanded a trial on the matter. Sanity is a person’s state of mind at the time of an alleged crime while competency is his or her ability to aid in their own defense. If Ayres is found competent, he will proceed to trial but an incompetency finding sends him to a state hospital for treatment.
Ayres is accused of molesting six former male patients when they were aged 9 to 13 between 1988 and 1996 under the guise of medical exams. Jurors deadlocked in varied amounts on every count and prosecutors announced plans to retry him on the same charges. In March, McDougall expressed doubts about Ayres’ competency and criminal proceedings were suspended.
 

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