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#364438 - 06/18/11 08:22 AM Re: Child Psychiatrist Arrested for Molesting Patients [Re: pluckmemory]
pluckmemory Offline


Registered: 03/27/08
Posts: 551
http://www.mercurynews.com/san-mateo-county/ci_18302434

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. And because dementia is a progressive disorder that attacks a person's memory, it is an unlikely he will get better.



Edited by pluckmemory (06/18/11 08:22 AM)

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#364490 - 06/18/11 08:36 PM Re: Child Psychiatrist Arrested for Molesting Patients [Re: pluckmemory]
pluckmemory Offline


Registered: 03/27/08
Posts: 551
One of the many pissed off citizens of San Mateo County has sent an email to the Ayres blog, which has given me permission to reprint it here. Citizens are outraged at not just the incompetence by the DA's office, but also - as Glenn Rabinowitz, the Executive Editor of the San Mateo County Times described it- their ambivalence about trying the case against Ayres at all. Many believe this is because the DA's office used Ayres to evaluate boys and they're afraid of getting sued.

Here is Tim Wulff's email on the mistrial for the competency hearing:

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..

more on www.williamayreswatch.blogspot.com




Edited by pluckmemory (06/18/11 08:37 PM)

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#364673 - 06/20/11 09:24 PM Re: Child Psychiatrist Arrested for Molesting Patients [Re: pluckmemory]
pluckmemory Offline


Registered: 03/27/08
Posts: 551
Even readers of the San Francisco Chronicle are catching on to the fact that the San Mateo DA messed up bigtime by failing to check to see if Ayres was trained to do genital exams to boys in therapy, as he claimed. A commenter named Chris Thorne (and no, it's not me) had this to say about the case in a story about the "mistrial" for Ayres' mental competency:

http://www.sfgate.com/cgi-bin/articl...BAVH1K07P9.DTL

Ayres testified that as a psychiatrist, he was also a medical doctor and that he used physical exams to help determine what was ailing his patients."

Earlier in his career, when that strange habit of his was remarked upon and questioned by his local professional peers, Ayres claimed that he had been trained to do this during his psychiatric residency back East.

No one had the good sense to actually contact that program to verify his claim.

When later asked about it, the doctor who had run the residency program at the time Ayres had attended it said that conducting "physical exams" on psych patients was absolutely _not_ something they trained residents to do, and in fact it ran completely counter to their doctrine.




Edited by pluckmemory (06/20/11 09:25 PM)

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#364719 - 06/21/11 07:36 PM Re: Child Psychiatrist Arrested for Molesting Patients [Re: pluckmemory]
pluckmemory Offline


Registered: 03/27/08
Posts: 551
Blame must go to the San Mateo District Attorney's office, for failing to investigate Ayres' key claim that he was trained to do physical exams- including the genitalia- on boys in therapy at Judge Baker in Boston. The prosecution knew that, because one of Ayres' own partners told her so after Ayres was arrested.

On the William Ayres blog in January, 2010, prosecutor Melissa Mckowan claimed she contacted several doctors who trained with Ayres in Boston, but ---- she claims they couldn't confirm that they weren't trained to do physicals.

Fast forward to last week's competency trial. Deepsounding at the Ayres blog described the following that occurred during testimony:

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.

***

Riddle me this: how is that it was Ayres' OWN lawyer who was the one who ended up being the one to refute Ayres' claim about his being trained to do physicals in Boston training in Boston?

Shouldn't this have been the job of the prosecutor?

If Ayres' own lawyer could not find a single doctor to back up Ayres' statement about his training, why wasn't the prosecutor able to determine this herself? Did she even try to get to the bottom of Ayres' training?


Why did the Judge Baker administration ask a reporter in 2009 why NO ONE from the San Mateo District Attorney's thought to fact check Ayres' claim?

Why was a reporter able to find more than 40 doctors who had trained at Judge Baker when Ayres was there who said he was lying when Ayres claimed he was trained to do physicals? How is it that the prosecutor was not able to find a single doctor from Boston who would confirm to her that Ayres wasn't trained to do this?

Did the prosecutor make false statements on the Ayres blog and to the public about her efforts to contact these doctors? Why is there such a discrepancy in her stories? Why does she attribute information to them that they said did not come from them?

Why did she say that one of the doctors she spoke to was "physically unable to travel" when the doctor claims the San Mateo prosecutor never contacted her at all?

Why WOULDN'T the DA's office want to get to the bottom of Ayres' training? Was there an unconscious wish on the part of the office to sabotage the trial?



Edited by pluckmemory (06/21/11 07:37 PM)

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#364904 - 06/25/11 09:24 AM Re: Child Psychiatrist Arrested for Molesting Patients [Re: pluckmemory]
pluckmemory Offline


Registered: 03/27/08
Posts: 551
There was a hearing yesterday about whether to have a retrial for the mental competency hearing. That has been pushed off until June 29. However, it's not looking good for the victims of Dr. Ayres. Prosecutor Melissa Mckowan told the mother of a victim that "there probably won't be a criminal retrial."

The San Mateo District Attorney's office put an inexperienced prosecutor on the case to begin with- someone who was a bartender in Alaska until becoming a lawyer at age 40. Criminal defense attorneys have stated that prosecutor Mckowan always waited until the very, very last minute to prep her witnesses - and prepped them very briefly. She was not known for crossing her t's and dotting her i's. Jurors in the first criminal trial report that she was slapdash and hurried in her selection of the Ayres jury. As one juror said, "She didn't give a rat's ass about jury selection."

The prosecutor then never bothered to check Ayres' statement that he was trained to do genital exams on boys in therapy in Boston- a lie that could have been exposed if she had made a single phone call to the place where Ayres had trained.

Why the San Mateo DA's office put her back on the mental competency retrial- only to have her not do prep work again- and then lose the hearing- is beyond belief. And this same prosecutor has been in the press because she is being sued for lying to a judge in another child molestation case.

At any rate, I am sorry for the victims that there will not be a criminal retrial. But other options are being explored and discussed by those interested in seeing justice done for the victims. We are hopeful.

Stay tuned.

See www.williamayreswatch.blogspot.com for more details and updates.



Edited by pluckmemory (06/25/11 09:24 AM)

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#364940 - 06/26/11 07:23 AM Re: Child Psychiatrist Arrested for Molesting Patients [Re: pluckmemory]
Still Offline
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Registered: 02/16/07
Posts: 6317
Loc: 2 NATO Nations
I've seen all the evidense I need to determine that the Calif Criminal Prosecution system places even the largest CSA cases in an ultra-low priority tier. I mean please...read these articles and posts. This is clearly a "we don't give a flying f**k" treatment of the case. Society just does not care.

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#364963 - 06/26/11 06:05 PM Re: Child Psychiatrist Arrested for Molesting Patients [Re: Still]
pufferfish Offline
Member
MaleSurvivor

Registered: 02/26/08
Posts: 6705
Loc: USA
Maybe it's because they know that in the L.A. area there are so many pedo's that if they vigorously prosecuted them it would would result in a major upset. Is this my idea? No! I heard this idea on Jay Leno. Jay Leno's exact words, which were repeated: "You cannot prosecute a celebrity" Therefore their best option (in LA) seems to give a flaccid effort to prosecution.

I was abused in the kiddie porn thing in that area. We don't know how long that went on after my family moved away, but possibly a long time. The perpetrator was a celebrity.

A former MS frequenter who called himself Jarrad has talked about "stuff" going on in that area.

Here is a link to Jarrad's story (highly triggering and provocative):

http://www.malesurvivor.org/board/ubbthreads.php?ubb=showflat&Number=76209#Post76209

I think that the headquarters of NAMBLA is even in that geographic area.

Allen





Edited by pufferfish (06/26/11 06:46 PM)

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#364972 - 06/26/11 07:13 PM Re: Child Psychiatrist Arrested for Molesting Patients [Re: pufferfish]
pluckmemory Offline


Registered: 03/27/08
Posts: 551
Pufferfish:
Dr. Ayres' practice was in northern California in San Mateo, which is 30 miles south of San Francisco.

Ayres was under contract to the juvenile courts and Childrens Protective Services for decades. All of the middle schools sent boys to him, and all of the pediatricians sent boys to him. Ayres molested the son of a pediatrician who referred hundreds of boys to him.

In addition the San Mateo District Attorney's office hired him to evaluate boys. See the conflict of interest at play here ? The DA's office had to be very concerned about lawsuits against the County if they won.

This case should be turned over to the Attorney General's office.


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#364976 - 06/26/11 08:00 PM Re: Child Psychiatrist Arrested for Molesting Patients [Re: pluckmemory]
pluckmemory Offline


Registered: 03/27/08
Posts: 551
In the summer of 2005, a number of Ayres victims had come forward but the police weren't investigating their complaints because they weren't within statute. One of them was a 49 year old single father named Alan. He had been molested by Ayres during a court ordered session when he was 14. He told the judge he refused to go back to Ayres but wouldn't tell him why. So he was sent to a juvenile camp.

In October 2005, according to a story in the San Francisco Chronicle, Alan wrote a despairing email to victims advocate Victoria Balfour which was reprinted in the Chronicle.


"One alleged victim sent an e-mail to Balfour in the fall of 2005, in which he wrote, "I'm not strong enough to pursue anything. It makes me very depressed. The (San Mateo) police, courts, city officials will never tell the truth. It will make them look bad. No way will they do that for me."

Two weeks later, the man was killed in a motorcycle crash.
"

http://articles.sfgate.com/2007-04-23/ne...try-complaint/4





Edited by pluckmemory (06/26/11 08:00 PM)

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#367733 - 08/08/11 10:38 PM Re: Child Psychiatrist Arrested for Molesting Patients [Re: pluckmemory]
pluckmemory Offline


Registered: 03/27/08
Posts: 551
Despite the fact that
a) medical colleagues have reported seeing Ayres out and about, acting perfectly mentally competent within the last two weeks (and without his walker!)
and
b) despite the fact that Ayres' ably assisted in the selection of his jury for the mental competency retrial and that the only time he took notes was when a prosecution expert witness testified that he was competent to stand trial, and was overheard laughing and cracking jokes with his lawyer and wife during a courtroom break....

Now word comes down that Ayres' lawyer attorney is pushing to cut a deal for him to go into a lockdown dementia facility, and that if they can find one that will take him, all sides will agree. Apparently the "prosecutor" Melissa Mckowan does not believe a jury will ever return a finding of competence and thus a criminal retrial is pretty much an impossibility.

Hmm. What we are hearing from a a pro tem judge who was in the Redwood City courthouse when the mistrial for the mental competency occurred was that the San Mateo DA's office just doesn't want to spend any more money on the Ayres case.

Too bad the DA's office didn't act on that rape complaint on Ayres that came in to their office in 2008..... Too bad they haven't sanctioned the prosecutor for making false statements and hiding inculpatory evidence..

Not to worry! This isn't the last chapter- not by a long shot.



Edited by pluckmemory (08/08/11 10:39 PM)

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