Barbara Ayres: Conservator of accused child molester william hamilton ayres

Conservatorship: GRANTED

According to the county court minutes, Barbara Ayres has been granted medical conservatorship of the child molester william hamilton ayres. Note that the court record also shows that Barbara is conservator of the ESTATE as well. This was not in the original paperwork or discussion. I'm not sure if this is an error, or if in this case "estate" refers to just his medical upkeep.

Note that there were some updates later in the afternoon:
Barbara is the conservator of the child molester and his estate.
Exclusive medical authority still lies with the child molester himself, and request for dementia authority for secured facility placement and medication authority is DENIED.

I'm not totally clear about what all of this means, except to say that it sounds like the molester will essentially be allowed to make whatever decisions he wants to make about whether or not he is treated for the dementia that he is alleging to have, and which is keeping him from being re-tried for his heinous, perverted crimes against humanity. It makes sense that he desperately does not want to be forced to take medication which he doesn't need, and which, if taken could be used, in part, to establish his  "restoration" to capacity.

william hamilton ayres, the former president of the American Academy of Child and Adolescent Psychiatry (an organization which is obviously a complete sham) was tried on charges relating to his molestation of many young boys. The trial ended in mistrial due to a hung jury (ONE juror refused to find guilty on any charge.) ayres was slated to be re-tried, but his attorney is in the midst of an "incompetent to assist in his own defense" gambit. ayres molested many young boys over the course of his career, in which he alleges to have been a psychiatrist. He has been accused of using that practice to gain easy access to young boys from both his private practice, and from the juvenile justice system. ayres was contracted to evaluate young children sent to him by judges in the juvenile system: ayres was the LOW BIDDER on these contracts according to one of the judges in the juvenile system, ensuring the coward a steady stream of boys who were not likely to be believed if they DID ever decide to report, even knowing the severe (and often frightening) legal and peer problems that reporting could cause them.

HEARING: APPOINTMENT OF CONSERVATOR FOR THE PERSON
06/01/2012 - 9:00 AM DEPT. 28

HONORABLE GEORGE A. MIRAM, JUDGE PRESIDING. CLERK: ANN SIEVERT COURT REPORTER: LORNA TRAUBE

ATTORNEY(S): ROBERT J. BRADY APPEARED WITH AND ON BEHALF OF BARBARA AYRES

THERE ARE NO OBJECTIONS TO THE PETITION.

THE COURT GRANTS THE PETITION FOR CONSERVATORSHIP AS THE LEAST RESTRICTIVE ALTERNATIVE.
PETITION GRANTED.

BARBARA AYRES IS APPOINTED CONSERVATOR OF THE PERSON AND ESTATE OF WILLIAM AYRES.

EXCLUSIVE MEDICAL AUTHORITY TO REMAIN WITH THE CONSERVATEE.

THE REQUEST FOR DEMENTIA AUTHORITY AS TO SECURED-PERIMETER PLACEMENT AND DEMENTIA MEDICATIONS IS DENIED AT THIS TIME.

A NONAPPEARANCE HEARING TO BE SET FOR 8/31/12.

THE CONSERVATOR TO ATTEND CONSERVATOR EDUCATION CLASSES WITHIN SIX MONTHS OF APPOINTMENT.
PROOF OF COMPLETION TO BE FILED WITH THE COURT.

PURSUANT TO PROBATE CODE SECTION 1851.5, THE COURTORDERS PAYMENT OF $850.00 FROM THE ESTATE TO THE SAN MATEO SUPERIOR COURT, WITHIN FIFTEEN (15) DAYS.

FORMAL ORDER SUBMITTED AND SIGNED BY THE COURT.
ENTERED BY ASIEVERT ON 06/01/12.

ayres Conservatorship Hearing Reminder

REMINDER: Upcoming ayres Probate Hearing:
Tomorrow: June 1, 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 is seeking to have his daughter Barbara Ayres appointed his medical conservator, so that she will be able to make medical, but not financial decisions for ayres.

This hearing is the continuation from the 4/25/2012 hearing. At that hearing, ayres' conservatorship was tabled until June 1, pending the results of the defense request in the criminal case to have ayres released from Napa State Hospital. That motion was denied, and so ayres has not yet been released. As such, I expect that it's likely that the June 1, 2012 hearing will be table again until after determination is made in the criminal matter.

Hard to say though....

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.


To look at the court record, follow the link below. (Note that sometimes you have to click the link several times, the first two clicks don't always seem to work right.):

Case PRO122027 - CONSERVATORSHIP OF WILLIAM AYRES .

Brief Update: Civil Cases, Schedule Change

In case anyone has been planning to attend tomorrow's hearing for three of the five (that we know of) civil cases against william hamilton ayres relating to his child molestation of young boys, there has been a date change.

On June 5, 2012 there is a hearing on the plaintiff's attorney's motions to remove the stay previously imposed, and allow the civil trial to be scheduled.

On July 3, 2012 there is a case management hearing for these three cases. 

So tomorrow's case management hearing is cancelled. The ayres court date calendar has been updated accordingly.

ayres' Unraveling Dementia Gambit

Right from the get-go, we've been reporting that ayres' claims of incompetency have been highly suspect.

In April of 2007, william hamilton ayres was arrested on charges of molesting multiple young boys. He claimed that he was giving medical exams while providing psychiatric services for the boys. In addition to the victims who were young enough to file criminal charges, there were more than 30 men who independently claimed and corroborated that they too were out of statute victims of ayres’ child molestations.

Ayres stood trial in June of 2009. The trial ended in a hung jury, with most, but not all of the jurors voting that he was guilty of child molestation. On several of the counts the vote was 11-1 in favor of a guilty finding.

After the mistrial, the DA decided to proceed with re-trial. At this point ayres fired his attorney Doron Weinberg, and hired attorney Jonathan McDougall to handle his case. McDougall’s immediate gambit was to have ayres claim that he was not competent to defend himself, and therefore the criminal trial should not proceed.  Dubious claims were made that ayres was suffering from dementia or Alzheimer’s disease, and was having trouble with recall.

Doron Weinberg had actually laid some of the groundwork for this claim: at the beginning of the criminal trial, he provided ayres with a cheat sheet of  “nouns” that ayres sometimes had trouble with and claimed that ayres was having trouble with some recall. During the trial ayres himself took the stand, and performed nearly flawlessly, at least from a “failing memory” perspective. There were perhaps two or three occasions when he actually seemed to stumble on a word – overall, stellar, for the amount of stress he must have been under. Conversely, he demonstrated that he was singularly focused on the topics of interest to him: in particular, his claims that he was better and more qualified to give “physical exams” than even pediatricians are, AND his clear fascination with the genitalia of pre-pubescent boys.

The normal procedure in a “not-competent to defend oneself” situation appears to be that the court appoints a couple of non-biased doctors to assess the defendant. If both doctors are in agreement, then the judge can make a call, and if they determine that the defendant is competent, they can decide to proceed directly to criminal trial, if everyone agrees. The defendant however, has a right to a competency trial even if all medical experts agree that the defendant is competent.


In this case, there were delays just appointing two doctors, as ayres is well known in the area, and was a former president of the American Academy of Child and Adolescent Psychiatry. Eventually, the court found two non-biased doctors to evaluate ayres. Both reported that ayres was competent to assist in his own defense at trial. Rather than accept this determination, McDougall demanded a competency trial for his client, to allow a jury to decide if they believed the non-biased court appointed doctors, or any doctors that the defense could hire to find a determination of incompetence.

On the morning that the competency trial was to start, one of the two court appointed doctors changed her report to indicate that ayres was not competent to defend himself. It was not publicly stated why this change occurred, but we do know that the doctor re-evaluated ayres prior to filing the changed report. The court then hired a third doctor to evaluate ayres; That doctor also determined that ayres was indeed competent to stand trial on criminal child molestation charges against him.

The competency trial proceeded, with ayres’ biased, paid doctors claiming that he was incompetent.

THAT trial also ended in a hung jury, and rather than retry the case, the DA agreed to the stipulation that ayres was indeed not competent to defend himself, and he was shipped off to Napa State Hospital to be "treated," with the intent to restore him to mental fitness so that he could then be brought back to face criminal trial.

Aside from all of the courtroom theatrics, there should never have been any question about ayres’ competency; ayres’ own actions as well as his medical reports have always indicated that he was deliberately putting on a show of being incompetent.

Before the competency trial:

Before the competency trial, ayres had several evaluations by court appointed doctors, and by his own personal physicians:   

➲ Dr. Robert Telfer, ayres’ neurologist, indicates that he evaluated ayres a few months after the criminal molestation trial. Telfer put ayres on Aricept for treatment of the dementia related to Alzheimer’s. He states that ayres “did not take to it” and therefore wasn't taking the medication.

➲ In July, 2010, ayres had an MRI that showed minimal shrinkage of the brain, within normal parameters for ayres’ age.

➲ ayres took two Mini-mental state examination (MMSE) tests. A score of 25-30 is normal, a score of 21-24 is considered to indicate minimal impairment. Scores below 21 can be considered to indicate dementia, (10 – 20 is “Moderate”) These scores generally don’t increase over time in a person suffering deteriorating mental status.  On ayres’ first test, he scored a 25 (NORMAL - no dementia) and on his second test just before the competency trial, he scored a 29 (NORMAL, no dementia). 

➲ An MRI indicated that there was no presence of “white matter” amyloid plaques that are associated with Alzheimer’s disease. 

During the Competency Trial:

During the competency trial, Amanda Gregory, Ph.D. a UCSF neuropsychologist, testified for the defense. Gregory claimed that ayres is without doubt, incompetent. Under cross examination by the prosecution, she admitted that most of her tests were subjective and that she did not use available objective tests with stringent criteria,  from which other evaluators would be able to draw the same conclusions. 

According to reports, Gregory was paid $20,000 for her testimony. 

On the other hand, Dr. Paul Good stated that ayres’ was definitely competent, and left no room for argument otherwise. 

Defense attorney McDougal poked, cajoled and harangued Good, questioning 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 during the criminal trial.  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 does not think he is guilty.  When his attorneys stray from that topic, ayres is bringing the point to the center of attention again.

In spite of the hard evidence showing that ayres is competent, much of the jury was swayed by the subjective (and in one case, recanted, based on questioning by the prosecution) testimony of ayres’ highly paid witnesses, and the jury was hung, and it ended in mistrial.

After the Competency Trial:

After the competency trial, the prosecution was deciding what to do next. Options were either to re-try the competency phase, or concede that ayres was incompetent. Before the DA was slated to announce their decision, some families and friends of the victims hired a private investigator to follow the child molester.  

According to the video and report from the investigator, ayres was clearly behaving in a very competent fashion. In fact, he was seen dining in San Francisco for lunch with his wife Solveig, and doctors Larry Lurie, MD and Robert Kimmich, MD, both of whom are San Francisco shrinks. 

According to Solveig, these are “very, very, good friends” of ayres'. 

➲ Among other things,  Larry Lurie writes professional papers on the symptoms and treatment of Alzheimer’s disease. According to the private investigator, the foursome had a good laugh over comments that it’s advantageous to talk about Alzheimer’s disease in front of lawyers. 

The DA and court ignored the private investigator reports, and conceded that ayres was not competent, and sent him off to Napa State Hospital to be “treated” in hope that competency could be restored so that criminal retrial might proceed. 

After ayres was locked up in Napa State Hospital for six months (the MINIMUM required), McDougall demanded that his client be set free. 

McDougall’s motion was declined. 

During the hearing, the results of the 90 day medical report were discussed. According to the prosecution, the report does not indicate any diagnosis, as ayres has not been cooperative with the medical staff and he indicates that he’s not cooperating at the instruction of his attorney, Jonathan McDougall.

The report says that ayres 

➲ was not being cooperative, 

➲ he was not taking medication, 

➲ he was not sleeping because he refuses to use his CPAP machine (usually used for sleep apnea patients), 

➲ he was refusing to participate in group sessions, 

➲ he was not participating in restoration planning.  

The report DOESN'T say anything about whether or not he can be restored to competency, because the doctors need to be able to evaluate him, but he’s not cooperating. 

The prosecutor says that there seems to be some indication that ayres could be "returned" to competency.

Prosecutor McKowan  stating the following about what the report indicates: 

The doctors report that ayres was INTENTIONALLY not cooperating:

1) Because his lawyer told him not to.

2) The doctors specifically stated in the report that at one point Solveig tells her husband, to “Just go ahead and give it a try” to do what the doctors request and see if it works. ayres’ reply was “Why, so I can go to prison?” 

The prosecutor states that ayres has a “pointed intention NOT to be restored to competency.”

It should have been painfully obvious to the DA and to the court that ayres has all along been actively deceiving the court, and that competency has never been an issue. 

william ayres To Remain at Napa For Now

[Original Post: 05/03/2012 3:07PM PST: DS]

On Thursday, May 3, 2012, there was a hearing for Criminal Case SC064366 relating to the incarceration status 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 them with psychiatric care. In such cases, where the perpetrator is dangerous, California law requires that the offender be held in a locked mental health facility for a minimum of six months. ayres has now been locked up at Napa State Hospital for six months, give or take a few days.

Background:


Jonathan McDougall, ayres’ Scumbag Attorney, says that ayres is struggling with life at Napa, and the minimum incarceration period has now passed, and therefore Scumbag requested today's hearing to establish OUTPATIENT "treatment" for ayres' alleged dementia.

Dementia has not been clearly established, as the court appointed evaluation doctors found him to be competent to defend himself,  based on rigorous testing, and MRI results that did not show markers typical of Alzheimer's. Further, ayres has been videotaped, clearly competent, and having lunch with "very good friend" and psychiatrist, Lawrence Lurie, MD who has published papers on Alzheimer's and its symptoms. The paid doctors who testified at the competency trial in ayres' defense apparently used less rigorous, more subjective "testing." The jury in the competency trial could not ultimately decide between the unbiased, court appointed doctors and the biased defense doctors, and the jury ended deadlocked. On August 22, 2011, the DA gave up the fight, and stipulated that ayres was not competent to defend himself, in spite of the court appointed doctor's conclusions and the videotaped evidence of ayres' competent behavior. ayres managed to manipulate the court and the DA for a bit longer, and stayed out of Napa State until October 25, 2011.

Last week (April 25, 2012) Solveig Ayres, the child molester's vapid, supporting wife, was in probate court to appoint her daughter, Barbara Ayres of Sacramento, to be the conservator for medical decisions for ayres, so that they'd have all their ducks in a row for today's hearing. The Judge told them that there was no urgency, and they could wait until after today's hearing finishes.

Today's hearing was originally scheduled to take place on April 27th, 2012, but was held over largely due to  ayres' attorney Scumbag McDougall's very late filing of appropriate paperwork, and none of the witnesses for the defense or prosecution were present in court. On April 27th, Scumbag did request that the medical reports be sealed until today's hearing. It was reported to the press that included in the documents provided by Scumbag were letters from Robert Ayres and Barbara Ayres, the pig-shit son and daughter of ayres, talking about how hard things are for their child molester daddy.

Today:

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 -- was heard:


In court today were quite a few people.

Solveig and Barbara Ayres were present, and there were about three other people with them, I believe that it’s possible that one or more of them were doctors who were hired by the defense. Also present were at least two doctors from Napa State hospital. There were at least 4 people observing for the victims.

At 9:55 william hamilton ayres, the child molester, was brought into the courtroom. He was walking in using a walker. No wheelchair this time.  The molester was wearing an orange prison jumpsuit with a chain around his waist, and a large padlock at the small of his back.  There were handcuffs attached to the chain on both of his sides, but he was not cuffed to them at the time.  He was looking thin in his arms, but still somewhat bulky in body. His beard was not unkempt as was reported in the fishwrappers last week, and again this afternoon. It may have been trimmed somewhat shorter this week. Honestly I don’t remember his beard seeming unkempt last week, and it DEFINITELY was very neatly brushed today. I think this is more than just a bit of bias on the part of the press. They seem to be buying into the whole "demented" story, and are seeing and incorrectly reporting stereotypes that are not present. 

When ayres sat down in his chair, one of the sheriffs came over and locked him in place.


Judge Grandsaert set the tone for today’s hearing: “I have now read the papers for each side, and…  I have to say, Mr. McDougall, I’m just not sure…  what the purpose of the hearing is.”

Defense Testimony:

I think McDougall was more than a little unprepared for this kind of opening statement.

He spent a good deal of time narrating past history, and talked about the 90 day report from Napa, and hearing, followed another report 6 months from the 90 day report.  He went into a complicated and convoluted description of the purpose of all of these hearings and related statutes.  He complained that Napa was late in providing the 90 day report, and that the follow-on report should not be delayed even more because of the lateness of the 90 day report. McDougall says that there is a conflict between the 180 day MINIMUM and the fact that it’s really at least 9 months, since there is a 90 day report and then another report six months after that.  (I’m not sure what MINIMUM means to McDougall. Perhaps he’s confused.)

McDougall spent some time talking about two cases revolving around the constitutionality of holding a demented person in lockup indefinitely if there is no likelihood of return to competency.  McDougall talked at convoluted length about 1603 and 1370 (AIF) penal codes.  The statutes seem to have some built in conflict about when a person becomes available for outpatient treatment, and whether the purpose is to return a person to competency or not, at least if you try to understand it as McDougall attempts to explain it...  He wanted to reset the second report to 30 days from today, rather than in late July / early August as scheduled. 

McDougall states: “There is no argument that he has dementia” and “I don’t think there’s an argument that he can be returned to competency”

McDougall says that the 90 day report doesn’t indicate that he could be returned to competency, but he says that it DID indicate that ayres "needs to be more cooperative" (McDougall is doing some VERY creative paraphrasing here, as you'll see in a moment...) and that he needs another neuropsych report.  

McDougall bottom lines: Follow 1603 procedure, and to adjust the report date to meet the 9 months minimum. 

Prosecution Testimony:

The prosecution argued that the late 90 day report date isn’t overly relevant, and she also said that she thinks that McDougall is confused about what 1603 and 1370 mean. She states that 1370 means that outpatient treatment is intended to be used IF RETURN TO COMPETENCY IS EXPECTED. 

She states that at 90 days, if the DIRECTOR of the facility reports that the person can’t be restored to competency, THEN he can be returned to court, and conservatorship can be pursued. If the 90 day report does NOT say that he can’t be restored to competency, then he has the right to reports at 6 month intervals after the 90 day report.  Each six month report follows the same pattern.  Her explanation was very clear, and logical, especially when stood up against McDougall’s jumble of confused posturing. 

Essentially what I take from McKowan’s argument is that ayres will have a report every 6 months until he is either determined to be competent , or that competency is not possible, at which point ayres will probably be released, either to go to trial if he is competent , and the DA wants to persue charges, OR to be set free and placed under medical conservatorship, as a person with dementia. 

My take is that he will remain locked up at Napa only for as long as it takes for them to adequately evaluate him, or to work on curing him, if they determine that he can be restored to competency. 

McKowan argues that McDougall can’t just haul in doctors from Napa, or his own paid doctors, because the statue only asks for a report from the director of the facility, and nothing else is relevant. FURTHER: She implies that the constitutionality only comes into question if the person is reported to be NOT RESTORABLE TO COMPETENCY.

McKowan states that this is not what the 90 day report indicates! 

The report says that he was not being cooperative, he was not taking medication, he was not sleeping because he refuses to use his CPAP machine (usually used for sleep apnea patients), he was refusing to participate in group sessions, he was not participating in restoration planning.  The report DOESN’T say anything about whether or not he can be restored to competency, because the doctors need to be able to evaluate him, but he’s not cooperating. 

McKowan said that she talked to (the doctor appointed by the director (?) to write the report), and he said that there seems to be some indication that ayres could be returned to competency. 

McKowan says: I don’t believe that the court has anything that we can act on today.”

McKowan says there is no violation of due process and puts the blame for any delay squarely on ayres’ shoulders with his “failure to cooperate” and his “pointed intention NOT to be restored to competency.” “By his own actions, he missed his opportunity.”

Back to the Defense:

Scumbag McDougall was shaking his head throughout the prosecutor’s presentation, and was clearly upset with what McKowan had said about the blame being laid on ayres’ own shoulders.  

He said that it was OUTRAGEOUS to suggest that someone with dementia was purposely trying to prevent restoration to competency!

I happen to agree with McDougall here… I don’t think that someone with dementia would purposely try to prevent restoration to competency unless they were actually competent, and were trying to prevent doctors from declaring him “restored” if he was going to face prison for child molestation. (Wait for it, because it's coming.....)

McDougall states that the court has information that “shows” that ayres is not a danger to society. 

I have no idea what form this proof could take. Perhaps magical faeries have managed to read ayres mind, and determined that somehow his sexual arousal triggers have changed, and now only vapid old trolls are attractive to him, and suddenly, after probably 60 years or so, he’s no longer turned on by little boys --  McDougall needs to share whatever’s in his crack pipe… ‘cause that’s some damn fine shit.

Back to Prosecution:

McKowan  then countered by stating the following about what the report indicates: 

The doctors report that ayres was INTENTIONALLY not cooperating:

1) Because his lawyer told him not to.

2) The doctors specifically stated in the report that at one point Solveig tells her husband, to “Just go ahead and give it a try” to do what the doctors request and see if it works. Ayres’ reply was “Why, so I can go to prison?”  (And there you have it folks....)

McKowan says that court should be able to infer from the report that ayres was expecting to go, spend his six months, and then be released. 

McKowan indicated that the victims should be given the opportunity to make a statement at the time that ayres is expected to be released from Napa.

Aftermath:

McDougall tried to argue more that he should still be released. Discussion went back and forth. Everyone tried to nail down a date for the next hearing.

The judge said that he’s reviewed the statues, and that provisions of 1603 have not been met. He adjusted the date to July 25, 2012 so that it falls 9 months after lockup. He said that the report should address 1603 and have some conclusion about whether or not restoration of competency can be done, and to the extent that it can be done at Napa State Hospital. He said that if the director’s report can be done early, it should be done early. 

They set the next hearing date for July 25, 2012 at 8:45am so that they can look at the report, and determine next steps. 

Finally, McDougall complained that after last week’s hearing, the judge ordered ayres to be transported back to Napa, but that he wasn’t… instead he was left in county lockup for the week!  

McDougall complained that the sheriffs had simply ignored the judge’s order. McDougall whined that it’s contributed to ayres’ further decay. McDougall told the court to order ayres returned TODAY to Napa State Hospital.

The judge smacked McDougall back, saying that he had reviewed his record from the hearing last week, and that there was actually no order, therefore no violation.  The judge then ordered that ayres be transported back to Napa at the earliest possible convenience of the sheriff’s office. 

NONE of the witnesses present were called to testify, nor were the pleading letters of ayres' dumb shit children considered, as their testimony was irrelevant. 

The San Mateo County Times has their news report up. <pdf> There’s not much meat there though. 

An article in the San Mateo Daily Journal <pdf> states in no uncertain terms that william hamilton ayres ""who is 80 and has Alzheimer’s-related dementia, is trying to avoid a second trial by refusing his medication and is also very uncooperative with the staff at Napa State Hospital where he was sent last year for treatment"

ayres Not Released Yet

ayres to remain in Napa for now. Further report from Napa due on or before July 25, 2012, at which time a hearing will be scheduled.

ayres has been refusing treatment, including Meds, C-Pap, not participating in groups, apparently at the advice of his attorney.

Also according to the prosecutor, ayres' wife told him to try what the doctors were recommending, and ayres said: "Why, so I can go to prison?"

Prosecution put on a good strong showing today. Jonathan McDougall (ayres' attorney) really seemed to bumble today. There were lots of witnesses present. None testified.

Skanky Solveig and Barbara were there along with an odd menagerie of about three other people. One of them may have been weirdly-poor-hat-selection-guy from the criminal trial.

More to follow.

ayres Criminal Hearing 5/3/2012

Reminder:
There is a criminal case hearing TODAY: 
May 3rd, 2012 at 10 AM
Case number SC064366


Hearing: Defense request to release ayres from Napa: May 3, 2012 10AM PST
Hall of Justice: 400 County Center, Redwood City
The hearing scheduled for April 27, 2012 was held over until May 3, 2012:
ayres' attorney has said that ayres is not doing well in Napa, and will argue that william hamilton ayres is so demented that he needs to be NOT tried for for molesting many young boys while alleging that he was practicing child psychiatry, AND he needs to be released from Napa because he's SO demented that he needs to have non-locked-up, outpatient treatment.

Sounds like a logical argument right?

If you're planning to attend the hearing: SHOW UP EARLY. The Court proceedings have been known to start early in order to avoid making the proceedings public.

Article in Mercury News on ayres hearing

This post is decidedly Not Safe For Work. 
If you are a parent of a victim, or a victim of ayres, this post will be VERY upsetting. Sorry.


This was your final and only warning.

There is a new article  in the Mercury News <pdf> on today's hearing regarding releasing child molester william hamilton ayres from Napa State Hospital, where he has been locked up for the last six months justly, in accordance with the law, following his claims that he was suffering dementia, and therefore couldn't defend himself like a man against his multiple accusers in a court of law.

I suggest you click the link and read the article first, so that you clearly understand my frame of mind before proceeding to read the rest of this post.

The article discusses the content of the motions submitted by the defense, including letters to Grandsaert from the child molester's adult children, pleading for the release of the child molester from Napa, citing the difficult time he's having there; having difficulty being able to differentiate between food types, and such...

According to the Mercury News article, the molester's son, Robert Ayres, a poorly reviewed actor/director in the Chicago area, wrote the following in his letter to the court:

...there is no hope for his father's condition to improve, and keeping him at Napa, separated from his family and without stimulation, serves only to punish him. "It's utterly heartless and unconstitutional to deliver a punitive ruling when my father's presumption of innocence remains intact after the prosecution's failure to convict him in 2009"

The idiot son doesn't seem to understand that his child molesting father chose to use an incompetence defense, and due to the heinous nature of his continuous, decades of crimes against multitudes of young boys, the state law allows for his incarceration at a state mental facility. There is no violation of constitutional protections.

There is no violation of presumption of innocence. At any time, ayres can come clean, and admit that he's not demented, and face the possibility of criminal trial, meanwhile the taxpayer is providing him with safe room and board, and forcing him to take the appropriate medications that are needed given the condition that he is alleging to suffer, and which he was refusing to take on his own.

If ayres and his dumb-shit son wish to sue ayres' scumbag attorney for recommending this course of action without prepping him for the inevitable outcome, then they should do just that. I suspect that the scumbag attorney has his case well documented, and that ayres, and vapid Solveig and dipshits Robert and Barbara were fully aware of the likely outcome, and there will be no such lawsuit.

Jackass Robert doesn't seem to have a firm grasp on what "utterly heartless" really means - his father molested many young boys while charging their parents for his access to them.

All of the creature comforts that the spoiled shithead and his sister enjoyed growing up were paid for with money from parents whose children were molested by ayres, and by taxpayers who were paying ayres to "evaluate" young boys in the juvenile court system. This went on for decade after decade.

For Robert Ayres and Barbara Ayres:
For decades, your father continually asked boys to describe how they masturbated, while playing with his cock in his baggy pants, and then when that wasn't enough for him, he jacked the young boys off,  he made them piss into dixie cups while holding their dicks, and he stuck his fingers up their asses to massage their prostate glands,  telling them that it would be OK if they came, while his face was INCHES from their penis. When they tried to get away, he jammed his finger in harder, trying to see if he could successfully force them to ejaculate on his face. These were 9, 10, 11 year old boys.

THEY WERE NINE, TEN, ELEVEN YEARS OLD, Robert, you stupid fucking turd.

ayres would take the blood money that he was paid by the parents for enjoying their boys. He would take the money home and buy nice stuff for Robert and Barbara. Robert has such a "good heart" that he's whining now about his dear old dad being locked up after working so hard to molest all those boys so that Robert and Barbara could live the good life.

All of those young boys will suffer for their whole lives, Robert, so that you could grow up in a nice Hillsborough house. They will drink to oblivion, they will take drugs, they will act out against society and authority because nobody stepped up to protect them, and they trust no-one, they will end up in prison, they will suffer more heart disease, digestive disorders, and cancers than others who have not been molested, some will get in violent fatal accidents, some will commit suicide.

Did you like the house that our parents bought for you at the cost of our souls, you spineless, ungrateful prick?

And yet the two of you greedy asshole kids sit there and whine about your molester father's legal state, and you weep that the taxpayer has taken good care of your father, in spite of his crimes, getting him the medicine and psychiatric care that he allegedly needs; all because you're not going to inherit as much of the money that your father got for molesting all of us, if you don't speak in your child molesting father's defense.

None of us will ever fully get out from under the "Utterly hearless, punitive ruling" that your father made against us. We were ACTUALLY innocent of any crime, and yet your father was judge, jury, and executioner against us, so fuck your ignorant "unconstitutional punitive ruling" rant, you chickenshit little twerp. 

Unfortunately, there were apparently at least two occasions in which Satan decided to fuck your cunting mother, and he was actually able to get himself off. Do you suppose she had to dress like a little boy?

Fuck you, Robert and Barbara.

ayres child molestation Custody Hearing Continued

[Original Post: 04/27/2012: DS]
On Friday April 27, 2012, there was a hearing for Criminal Case SC064366 relating to the incarceration status 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 them with psychiatric care. In such cases, where the perpetrator is dangerous, California law requires that the offender be held in a locked mental health facility for a minimum of six months. ayres has now been locked up at Napa State Hospital for six months, give or take a few days.


Details from the criminal case hearing on Friday, April 27, 2012:

Jonathan McDougall, the attorney for child molester william ayres, has filed motions relating to having ayres released from incarceration at Napa State Hospital. ayres was sent to Napa for a minimum of six months as required by law after he used a “Not competent to assist in his own defense” excuse to avoid re-trial for his molestation charges.

The molester is now asking to be released from Napa into outpatient care.

Solveig and william hamilton ayres were both present in the courtroom. Melissa McKowan represented the State in the matter today. There were four members of the public, and possibly one reporter present in the courtroom.

ayres was wearing an orange jumpsuit and sitting in a wheelchair. His appearance was somewhat more gaunt than in the past, but not unhealthily so. He now has a very long white beard, looking like a cross between Howard Hughes and Charles Manson. Ayres appeared alert and was engaged with conversation with his attorney.

At one point once everyone was in the courtroom, he said in a somewhat louder voice “I think it’s a setup anyway” but then went back to speaking quietly with his attorney. He then took a very good, long look around to see who was sitting in the courtroom.  The bailiff brought him a folded up orange jumpsuit shirt or pants, and told him “this is for later on.”

Before the judge came in, the bailiff was on the phone whispering to someone, and it appeared to the observers that he was talking about the members of the public present. Throughout the very brief proceedings, the bailiff appeared to be very worried about the members of the public sitting in the room, and he stood the whole time, looking prepared to smack some sense into all the rowdy spectators (three moms and one guy in pressed dockers and a pastel purple dress shirt.) To be fair, we DID whisper to each other twice before the judge came in. 

When the judge entered, he stated that he had received McDougall’s submitted information LATE YESTERDAY, and said that he had read “most” of it, although one of the three medical reports had not even be opened by the judge. His first order of business was to ask if both parties had discussed a date for the continuance, since obviously nobody was prepared. 

Not a word was said to McDougall about the inefficiency that his delay in submitting the paperwork has caused to proceedings. Every time I call the court, I sit through a long message bitching about how horribly they’ve had to cut court hours because of funding cuts, whine, whine, whine… THIS IS WHY THEY’RE CUTTING FUNDS – BECAUSE YOU DON’T HAVE ANY RESPECT FOR TAXPAYER MONEY.

Everyone whined about availability of witnesses. (Doctors issuing medical reports, I assume.)

Since there were no witnesses present today, it was clear that they knew ahead of time that today was a wash. Maybe have some court clerks just get the schedule arranged and not even have the hearing?

Thursday, May 3, 2012 is the current day when everyone will be back from whatever else they’re doing and all of the witnesses for both sides will be available.

Some observations:


Sounds like this hearing might be longer than the average hearing. When McKowan talked about her witnesses, she said “the doctors from the ORIGINAL report” would not be available until Wednesday. I hope that McKowan has witnesses and or testimony to counter the NEW reports that were reportedly filed by Amanda Gregory for Wednesday’s conservatorship hearing.

There was discussion about where ayres was to be located between now and Thursday. McDougall stated that Napa was preferred, so they may have had ayres in county lockup or some other less desirable location (maybe home with Solveig.) They settled on transport back to Napa after the hearing.

The final item was that Scumbag McDougall asked to have his exhibits A,B, and C sealed until the next hearing. These were confidential medical reports. The judge expressed a momentary hesitation because these are “public proceedings” but after McDougall clarified that he was sealing only the reports, not his motion, the judge approved the motion to seal the records.

The state had no objection.

The hearing is continued until May 3, 2012 at 10AM PST.

ayres Criminal Hearing Reminder

Reminder:
There is a criminal case hearing TODAY: 
April 27th, 2012 at 9 AM
Case number SC064366



Hearing: Defense request to release ayres from Napa: April 27, 2012 9AM PST
ayres' attorney has said that ayres is not doing well in Napa, and will argue that william hamilton ayres is so demented that he needs to be NOT tried for for molesting many young boys while alleging that he was practicing child psychiatry, AND he needs to be released from Napa because he's SO demented that he needs to have non-locked-up, outpatient treatment.

Sounds like a logical argument right?

If you're planning to attend the hearing: SHOW UP EARLY. The Court proceedings have been known to start early in order to avoid making the proceedings public.

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.