Wednesday, April 28, 2010

ayres' Competency Hearing - Yet More Delays

[Original post: 04/28/2010 12:15pm, PST]
As predicted, this competency medical report followed exactly the same format as we've seen with McDougall's other high profile client,  Alexander Robert Youshock. We are apparently stuck in the second stage of at least 3 stages of delay.

There were approximately 7 supporters of ayres' victims in the courtroom today. ayres was absent, out on his 977 waiver. There was at least one reporter present, but I think he left before ayres' case was heard. He told one of the parents that he wasn't going to write about ayres.

This was one of those sessions where they are hearing tons of cases and adjusting/setting calendar dates based on whatever each of the cases current complications are. The ayres case was heard just before 10am, PST. The judge hearing the cases was not the "usual" judge, Judge Freeman. This was another judge, who I assume was handling the caseload today because this was a simple calendaring issue, and probably Freeman was on another case or vacation or something.

Initially some of the parents were told that there was a conflict between the two evaluating doctors, but when McDougall finally got up in front of the judge, he said that "The doctors need more time to complete their evaluation." He suggested the June 10th date, and the judge said Okie-Dokie. The next chance for us to find out what the next delaydate is is: June 10th at 8:30am, I assume in a similar setting, so bring your sandwich.

McDougall told the judge that one of the two evaluating doctors had contacted him to request copies of the sealed medical reports, and he stated that he had no objection to that, provided they remain sealed. I assume these "sealed reports" are the ones that McDougall had sealed WAY back in October of 2009  

If so, we now know that they were psychiatric reports:

Judge: "The sealed psychiatric reports may be released to the appointed doctors" for their evaluation. The judge then said some other things that I didn't hear clearly but had to do with the reports helping the evaluating doctors complete their reports,  after which McDougall said: "Perfect."

That does indeed sound perfect: If I have this right, the doctors who are doing the competency evaluation are now asking the defense attorney to supply them with copies of psychiatric evaluations which ayres probably paid for, to help them to expeditiously finish their evaluations.

Whiskey Tango Foxtrot!!!???

And, if these ARE the reports that McDougall had sealed, then it would appear to me that he planned way back in October to drop the "I think my client is incompetent" bomb, but he waited until just before the pretrial hearing to drop it, instead of alerting the court right away, so that evaluation could take place between the October date and the scheduled April 12th start date. What a peach!

By the way, we won't get to hear what the evaluating doctors have to say, only whether or not he is competent to stand trial: the judge ordered those reports sealed as well.

Something smells REALLY fishy in San Mateo County.

Where the hell was the press? 

There's a new article in San Mateo Daily Journal, but they have no new detail other than: "the doctors’ reports are not finished and the matter was postponed" and a bunch of old background. They don't even report a source for their information from today's hearing, and they make no mention of the fact that the evaluators are calling the fucking defense attorney to ask for fucking psychiatric reports that were done by some other doctor who was probably paid by the fucking pervert doctor.

What The Fucking Fuck? 

Does everyone in San Mateo county really have their heads buried this far up their ass???

God Damn it!


  1. I see the fucking problem as well....why don't the reporters or the public even get to know the names of these evaluators?

    Probably someHIPAA clause, but what if they were both former PPA people or someonelike Ronnie Sue Leith as she is a forensic shrink or even better Marvin Firestone.....ayres has some ole buddy system protecting him

    These delays just should not be tolerated and Beth Freeman was so FIRM initially on her trial date......well now she has given up because McDelay used to work for Fox.....

    OMG could this actually get any worse......I don't think so.

  2. Well, I forgot to mention: The judge hearing this was not judge Freeman... a different judge today, just hearing all of the make/change calendar date type cases, and letting people out on parole.

    I'll go back and add that to the post!

  3. And yes... I think it can get worse. Very rapidly.