Of all the creatures that were made, man is the most detestable. Of the entire brood he is the only one--the solitary one--that possesses malice. That is the basest of all instincts, passions, vices--the most hateful. He is the only creature that has pain for sport, knowing it to be pain. Also--in all the list he is the only creature that has a nasty mind. -Mark Twain
MISTRIAL IS DECLARED.
Monday, July 27, 2009
It's done. The jury has come back hung again.
The judge has declared a mistrial.
The jury is free to discuss the case.
We received this comment Monday night from an anonymous poster:
Good evening. It is a sad night.
I was the foreman of this jury.
I am looking for the best outlet to express my sincerest thanks and admiration for the victims who stepped forward in this trial. I pray that they read this post.
The courage you showed in reliving the unthinkable wrongs committed against you will guide me for the rest of my life. I offer my deepest apologies that I could not give you closure.
Thank you also for the bravery shown by the parents who took the stand. I am sorry for not giving you the verdict you deserve. As a father myself, I can't imagine the pain you have endured. Your strength will inspire us all.
You are all in my thoughts and prayers tonight.
Thanks, Mr. Foreman, we certainly appreciate your efforts and your prayers!
UPDATES: Tuesday, July 28th, 2009:
As always, we have some very kind words of support from Patient Advocate.
There are a some good wrap-up articles out there in the newpapers.
Some clarifications, for those of us who have been discussing it:
- There were no further clarifications of the vote counts for each of the charges in open court, only the "ranges" that were given early yesterday, and no clear indication which way they fall.
- ayres is still free on $750,000 bail: the case is still unresolved, and will not be resolved until either he is re-tried, takes a plea bargain, or the charges are dropped. His current status is basically the same as it was before the trial started. There is a hearing on whether or not he will be re-tried on August 28th, 2009.
Here are some links:
Michelle Durand's story in the San Mateo Daily Journal (The Friday juror dismissal part has been worded more neutrally, which is entirely appropriate given our understanding of the situation - we have spoken to two people who were in the courtroom at the time of dismissal.)
John Koopman's story in the San Francisco Chronicle.
Joshua Melvin's story in the San Mateo County Times.
A new blog entry over here: forensicpsychologist.blogspot.com
UPDATES: Tuesday, July 28th, 2009 1:00PM:
We just got this post in the comments. I'm glad he posted about his memory of events. It fits well with my own take on the situation, and I'm confident that all of the guys are in the same boat.(There are a few replies to his comment already in the comments section for this post.)
Deep Sounding, Thank you for keeping us all up to date and in tune with the case. As a victim who decided to testify and be a part of this whole mess it has not been easy to say the least. It has been very tough to follow everything that has been going on and to read what ignorant people can say about you (especially you “News Flash”… you know who you are). However, I always rest assured that there was a strong support group behind us when I would read your blog. I have been trying to keep a very positive outlook over the past 2 years and especially the past 14 days. Unfortunately, the outcome is not what we all had hoped but in the end, Ayres knows what he had done and the victims can feel somewhat of a sense of relief by knowing that we all have stood up together and told our stories and were not silent in the least. I know my story has nothing to do with memory or anything else that one may think. It is a story of being taken advantage of when I was in need of help by a person who felt they where above the law and any type of moral or ethic code. What I experienced over 17 years ago is very clear to me and has not been tarnished in any way. My story has not been elaborated over the years and has been kept very straight in my head. All I can say is that I took a leap of faith to tell my story in front of strangers with nothing at all to gain except closure and maybe a stronger piece of mind. For what it is worth I know I have obtained this. Thank you again DS for all your support and encouragement. Now, we will let the Karma gods go to work!