Disturbingly, when the San Mateo prosecutor Melissa Mckowan was contacted on Thursday, August 18, 2011 and told that evidence had been obtained that showed that Ayres was mentally competent to stand trial, instead of being happy and saying "Great let's see it, let's get this child molester put away," her response was " I still think he's mentally incompetent."
Even weirder:the conflicting messages coming from Mckowan and her boss District Attorney Steve Wagstaffe in the last two weeks on whether there was going to be a retrial for Ayres' mental competency.
On Monday August 8, 2011, Mckowan told a relative of an Ayres victim, "No jury will ever find Ayres to be competent." She stated that Napa ( a mental hospital in California) would not be a suitable place for Ayres because his "dementia" (her word, not ours) would not improve there. She stated that Ayres' lawyer was looking for some nice rest homes for Ayres instead of a retrial for the mental competency.
A government official was alerted to Mckowan's inexplicable statements, and this concerned government official called District Attorney Steve Wagstaffe on Tuesday August 16, 2011. The official asked Wagstaffe about Mckowan's statements.
Wagstaffe said that Mckowan's statements were wrong - that there were only two options for Ayres on the table:"Either Napa or a retrial." Wagstaffe gave this public official his word on this.
But then JUST TWO DAYS LATER, on August 18, 2011, when a lawyer who had obtained the evidence that Ayres was mentally competent to stand trial called Mckowan, she told him that they "were going to drop charges against Ayres on August 22 because Ayres had dementia." She made no mention of Napa.
So then on Friday, August 19, the same concerned government official calls Wagstaffe back and Wagstaffe says "No, it's going to be NAPA."
The mental hospital option makes no sense, as overwhelming evidence has been obtained that Ayres is competent to stand trial. The DA should be using the evidence as a negotiating chip with Ayres' lawyer and say, "Ok, your client is competent. We're going straight to trial."
There's not a chance in hell that the fully competent Ayres would EVER agree to being locked up in a state hospital.
Can anyone explain here why once again Wagstaffe is giving one version of events to the public, while his prosecutor tells a completely different one ?
This DA's office - aside from being full of BS- does not want the Ayres trial to go forward.
Citizens have filed complaints with the California Attorney General's office on the San Mateo DA's mishandling of the Ayres case. They are asking that there be a change of venue immediately. We urge that others do the same.
Edited by pluckmemory (08/20/11 10:32 AM)