Tuesday, July 28, 2009

Hung Jury - Mistrial Declared


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!

33 comments:

  1. That was quick...

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  2. The only "mis" here is a MISCARRIAGE of Justice! I hope when the people who were for acquittal begin to read all the evidence that was not admitted, they realize what a travesty this outcome is!!

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  3. How depressing. I only hope that they prosecute a second time.

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  4. They must retry this case. The vitims deserve nothing less.

    Remember Spector went down on the second try. Surly next time they can do a better job of picking a jury.

    September MOO

    Watchdog thanks for sharing your story. You are very courageous.

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  5. But what is the final jury vote as to each count?

    ReplyDelete
  6. Don't know.
    We know as much as the press knows, which is what we printed earlier here.

    Perhaps more details will be available later tonight.

    ReplyDelete
  7. St this point even the prosecutor does not know which way the count went:

    Prosecutor Will Likely Retry Ayres Case After Mistrial
    Posted: 7:10 pm PDT July 27, 2009

    REDWOOD CITY -- The prosecuting attorney in the case against William Ayres, a prominent San Mateo child psychiatrist accused of molesting several young patients in the 1980s and 1990s, said she will likely retry the case after a mistrial was declared Monday afternoon.

    Ayres, 77, quietly left the courtroom today after San Mateo County Superior Court Judge Beth Freeman announced that the jury was hopelessly deadlocked in the highly publicized case.

    The jury foreperson told Freeman that among the nine counts of lewd and lascivious acts on a child under 14 Ayres has been charged with, the jurors ranged from 11 to one, to seven to five on each count.

    Prosecutor Melissa McKowan said she speculated the jury was more in favor of convicting Ayres of the charges based on their body language and statements they made, but said she plans to speak with them more in the next month.

    "If it is 11 to one for guilty, I certainly would retry the case," McKowan said. "I am deeply disappointed, and I feel terrible for the victims."

    She said that the San Mateo County District Attorney's Office cannot change the charges against Ayres, and he therefore still faces the same nine counts of lewd and lascivious acts on a child under 14.

    Ayres, who was president of the American Academy of Child and Adolescent Psychiatry from 1993 to 1995, faces up to life in prison if convicted.

    After the mistrial was declared this afternoon, Ayres' defense attorney Doron Weinberg said that he and his client were relieved the jury didn't convict Ayres, but disappointed that he wasn't acquitted.

    "The fundamental question" the jury faced was whether Ayres was "a legitimate psychiatrist" or whether he was "sexually motivated," Weinberg said.

    The trial focused largely on physical exams Ayres conducted on his patients. The six alleged victims testified the doctor groped them, and while Ayres admitted to performing physical exams in which the boys were naked from the waist down, he testified that nothing inappropriate happened.

    Weinberg said the doctor is "willing to accept responsibility for offending the patients," and said it is possible the doctor was conducting legitimate medical exams but somehow upset the patients.

    Weinberg said he agreed to allow the jury to consider lesser battery charges, but in order for jurors to convict Ayres of battery they would have had to acquit him of the lewd and lascivious charges.

    McKowan and Weinberg will meet with Freeman at the end of August to discuss the next step. If McKowan decides not to retry the case, the district attorney's office could either dismiss the charges against Ayres or come up with a plea deal.

    Ayres remains free in lieu of $750,000 cash bail.

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  8. How very disappointing. Will the DA retry? Again, what a sad, sad outcome.

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  9. 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.

    ReplyDelete
  10. As the mother of a victim and knowing what I know, i am shocked and saddened by this outcome... this outrageous miscarriage of justice. And, It's not OVER yet!! Keep the faith.
    Thanks to the people that create and contribute to this Blog. Let's continue" banding together." and stay tuned for the next chapter. THERE WILL BE ONE!!!
    Count on it, Dr. Ayres because now we will push at a new level of effort on behalf of the dozens and dozens of boys you have abused and traumatized.

    ReplyDelete
  11. I am not giving up hope for a new trial.

    I am truly thankful for the wonderful people I have met during this process.

    I wrote about it on my blog tonight.

    DS, you are truly an inspiration to me!

    There is a lot of work to be done, tomorrow is a new day, one step at a time.

    I am in this for the long haul, you have my word on that!

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  12. I know that it is expensive for the state to retry a case, but I believe that since the state did it in the Spector trial that it might be likely to be done here, and only hope that it's done in a timely fashion. Spector took a very long time to have a retrial. Hopefully people will write the DA's office and or blog in a constructive way to bring about closure for those who have suffered.

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  13. Thank you Mr. Foreman. For those of us who sat in the courtroom every day, we knew you were on our side.

    Thank you and also we want to thank Diane the first dismissed juror for her support and for her compassion for the victims.

    ReplyDelete
  14. I doubt seriously that the moderator of this blog will allow this to be posted. This moderator seems desperate in his attempt to keep this a bias forum of hate, rather than a legitimate blog on victim’s rights, or the rule of law.

    So in writing this, I know that at least the moderator of this blog will read this. I hope you take it to heart. The entries to this blog could possibility be used as evidence in a civil law suite of defamation of character or liable. Being the moderator of course you would be the focus in such an action.

    You can continue to blog as you do as long as you understand that you really do need to go back on your medications. It would benefit the community in general if you retuned to the care of Nurse Ratchet, and leave your hate at the door.

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  15. Burhly:

    You could use a spelling class. Maybe the local community college?

    ReplyDelete
  16. Here's one, right up your alley Burhly:

    http://collegeofsanmateo.edu/sloac/slos_course/reading/docs/read814slos.pdf

    ReplyDelete
  17. To Burhly: whatever is written on this blog cannot be construed as libel (not liable as you write). It is impossible for a defendant in a criminal case to cite libel, as they become public figures and therefore law suits (not suites as you write) for defamation of character. Check case law before you expound on ridiculous attempts to silence people.

    I'm not a "fan" of recovered memories but it appears to me that the victims in this case, did not wake up one day and suddenly remembered abuse. Moreover, males rarely admit to sexual abuse, it's too emotionally painful.

    Father John Geoghan (with a long history of abuse but never proved) was convicted of sexual abuse for touching a boy on his bottom. Tell me, didn't Ayres do this and much more? Why no conviction?

    On face value, I'm one of the more defense oriented people on this planet but in this CASE, it's obvious. Psychiatrists do NOT engage in physical exams. Ayres only reason for engaging is this behavior was for his sexual pleasure and nothing else. There was no medical reason to examine these boys, it was to promote Ayres prurient and sexually deviant interests. That's illegal and we must never forget this.

    Sorry, I had to vent. Let's hope Ayres is retried or at least there is a rational plea bargain that brings Ayres into the CA penal system and significant prison time.

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  18. All I can say is I am extremely shocked at this outcome. Thank you, Mr. Foreman, for your efforts.
    Hopefully, there will be a retrial.
    Only in California, I guess.
    So sorry for all of the victims of this pervert to have to go through this again.

    ReplyDelete
  19. "The entries to this blog could possibility be used as evidence in a civil law suite of defamation of character or liable. Being the moderator of course you would be the focus in such an action."

    I would direct the person who wrote this to the California SLAPP lawsuit (California Civil Code of Procedure 425.16).

    Except below:

    A Strategic Lawsuit Against Public Participation ("SLAPP") is a lawsuit that is intended to intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Winning the lawsuit is not necessarily the intent of the person filing the SLAPP. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate.

    Very doubtful Ayres would ever prevail in a lawsuit suggesting he was defamed. I really had to chuckle on that one. He has more accusers everyday.

    In addition, criminal cases carry the highest burden of proof. Civil cases or torts such as defamation in public figure cases are very rare with a lower burden of proof.

    Here is the kicker the person bringing the defamation case if he loses has to pay the attorneys and legals fees of the party they sued.

    This law got it right, protecting the rights of people to free speech in matters that greatly affect the public.

    Yeah, bring on that lawsuit for defamation, and we can all watch Ayres lose another million dollars which he apparently doesn't have.

    Make sure you drop the first subpoena at my feet for calling him a pedophile which he is! I'll be the first to collect some money from Bill and Solveig in an SLAPP suit.

    ReplyDelete
  20. Mr. Foreman - As the mother of a victim, your thoughts are sincerely appreciated. I can only imagine the frustration you surely endured in those chambers. To say we are disappointed is definitely an understatement. These men deserve so much better. But we will continue to keep up the good fight. The "Dr." will have no peace - just as our sons have not had for all these years!

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  21. There have been some comments here that are clearly libelous (such as the suggestion that Ayres is a part of a child porn ring)--but two points should be kept in mind:

    1. Under federal law the blog owner is not responsible for the comments; and

    2. As a practical matter, I think that Ayres has bigger things to do with his dwindling legal resources right now (like defend himself from criminal charges) than try to chase anonymous posters on a blog in a libel case.

    Regarding the anti-SLAP statute, it is nothing more than a procedural means to test the merits of a lawsuit implicating speech at the beginning of the suit rather than after months of litigation, and if the plaintiff can show a prima facie case of libel the anti-SLAPP motion will be denied.

    On the main topic, clearly the decision to retry this case will be driven by the direction of the jury count.

    If there were 11 votes for guilt the case will most certainly be retried. If there were 11 votes for not guilty the case will almost certainly not be retried.

    If the voting was evenly split, or 7-5 favoring guilt, look for a plea deal involving a battery plea or a plea to a 288 with probation and no prison time.

    Prosecutors have been known to retry cases three times if necessary. The cost of a retrial is rarely the issue. It has more to do with perceived winability based on the jury count.

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  22. Anon @ 9:17 --- my heart breaks for you and all of the Ayres victims. We know there are many more out there. I find fault with the San Mateo medical community and specifically Peninsula Psychiatric Associates. They did what was best to enhance their profits and did nothing (as far as I know) to enhance the lives of the children evaluated and treated by Ayres. It was common knowledge and discussion at Hillsborough dinner parties that Ayres was "odd". That said, no one stepped up to the plate to defend the innocent victims. Sad case, all around.

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  23. Ayres has at least four civil suits against him currently. There may be more in the works. Would he really want to plead guilty? That would open the door for even more lawsuits.

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  24. Dear 9:48 AM:

    Bettter to be broke and free than rich and doing life.

    ReplyDelete
  25. Thanks for the input on the libel issue everyone!

    Let's call the libel issued closed for now, and stay focused on the rest. It will indeed be important to see the count splits, and how they fall.

    ReplyDelete
  26. Dear Mr. Foreman:

    Thank you for your diligence and hard work listening to this case and for trying to get 11 other people to do the right thing.

    I hope someday you can post a bit more about things (that is of course, once you’ve talked to Ms. McKowan and let her know what you felt were weaknesses in her presentation).

    I think what hurts me most of all is the idea that the not guilty voters may have flat-out disbelieved the survivors and their parents. I cannot begin to imagine the pain those people are feeling, not just the trauma of living through the abuse, or knowing your son was abused, or getting up on the witness stand only to have Doron Weinberg “accidentally” use their surname. Now there are people in San Mateo County who think they are liars, too.

    Personally, I think they are heroes.

    You will be able to live with your decision, because it was the correct and righteous one. Those who did not believe, well, I doubt they will be able to live with their decision for very long once they learn the true scope of this crime.

    God bless you and your family for supporting you during this trial. Citizens like you, willing to fight for justice by giving your time to serve on a jury, are one of the good things about life in these United States.

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  27. DS, is there anything "we" the public can do to help keep this case alive? I don't have a stake in it (not a resident of SM County, nor am I am family member), but I feel strongly that justice needs to be done, and that justice means the good doctor takes responsibility for his actions (not an insincere "I'm sowwy," but a bit of jail time and some restitution paid to the courts and survivors).

    Would it be helpful if citizens showed up to the hearing on August 28, or would that be too little, too late? Would a letter or e-mail writing campaign help? Heck, how about a nice picketing of the courthouse?

    ReplyDelete
  28. 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!

    - A Victim of Ayres

    ReplyDelete
  29. Thank you, Victim of Ayres. We all respected and appreciated the courage and strength of all ten victims who testified. Let's hope the judge will permit more of you to testify next time....all 42 or so of you.

    And I hope that if there is a retrial - and I believe there will be- you will testify again.

    Thank you. Your words - and the foreman's - brought tears to my eyes.

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  30. Thank you, Victim of Ayres. We all respected and appreciated the courage and strength of all ten victims who testified. Let's hope the judge will permit more of you to testify next time....all 42 or so of you.

    And I hope that if there is a retrial - and I believe there will be- you will testify again.

    Thank you. Your words - and the foreman's - brought tears to my eyes.

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  31. To Anonymous at July 28, 2009 12:36 PM "A Victim of Ayres":

    I'm glad if this site was even remotely comforting to just ONE of the other guys out there. It definitely has been a long haul.

    I think we may not necessarily be that bad off, at least yet... The world does know now that there was not enough "reasonable doubt" to acquit even with the limited information the jury was allowed to see.

    I'm glad you mentioned your memory of the events, it's one of the things that has bothered me the most all along, I know that I personally haven't "suddenly" recalled these memories, and I was positive that it was the same for everyone on the stand.

    But, you don't need to thank me for support and encouragement: you guys on the stand did all of the work, and I owe you all a great debt of gratitude! So thank you!

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  32. Keep the faith, all of you, you did a darn good job.

    I actually would have been nervous as anything getting up on the witness stand.

    You all did a great job, no doubt about it!

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  33. It truly is a sad time!

    I was a member of this jury and want to express how sorry I am that we were not able to bring closure in this case.

    For the victims that had the strength to come forward to tell about the wrongs that were done to them I cannot even begin to imagine how difficult this was. The strength it must have taken to sit in front of the courtroom and tell about the pain and such personal details about the wrongs done to them is beyond belief. The pain makes me buckle at the knees!

    Although I am not a parent myself I can only imagine the pain the parents of these men must feel to have learned about how their child was "cared for" when taken for help for behavioral problems. Thank you for for your courage to take the stand.

    The foreman of the jury, who worked very hard to get closure in this case, shared his sentiments and said it so eloquently. I share his sentiments exactly. All of the victims in this case, including their parents and any victims that did not take the stand, will remain in my thoughts forever.

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