Accused child molester Ayres wins 30 days of freedom | Mike Aldax | Bay Area | San Francisco Examiner

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Accused child molester Ayres wins 30 days of freedom

By: Mike Aldaxâ  | 09/09/11 4:00 AM

Examiner Staff Writer

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For outraged families seeking justice against Ayres, it was hard enough

to learn the prominent San Mateo child psychiatrist accused of molesting

patients would be sentenced to a state mental hospital rather than prison.

Disgraced doctor: Noted child psychiatrist Ayres, left, avoided jail

time because he has dementia. He will be sent to Napa State Hospital instead of

prison. (AP file photo)

On Wednesday, they were dealt another blow.

Ayres, 79, who doctors say suffers dementia, was given another 30 days of

freedom before he has to report to Napa State Hospital, according to

prosecutors.

San Mateo County prosecutors wanted Ayres to be remanded into custody

immediately.

But Judge Grandsaert granted the defense attorney’s request to give Ayres

up to a month to surrender to the hospital. Prosecutors said the judge ruled

that Ayres, who’s been out of custody, needed the time to prepare, given his

worsening mental condition.

The ruling further frustrated victims and their families, who believe Ayres is

competent.

“He needs to be retried,†said Balfour, the advocate for the

families.

If Ayres is ever restored to competency, prosecutors vow to retry him on the

molestation charges. It is unlikely his mental condition will improve, San Mateo

County District Attorney Steve Wagstaffe said Thursday.

Ayres faced life in prison after being charged four years ago with nine counts

of performing lewd acts on seven boys during counseling sessions between 1991

and 1996.

The former president of the American Academy of Child and Adolescent Psychiatry

was also accused of molesting more than 30 other victims on dates that are

beyond the statute of limitations.

But as the legal proceedings against him dragged on and resulted in two

mistrials, his mental health declined. Last month, prosecutors reluctantly

conceded Ayres wasn’t mentally fit to stand trial and recommended he be

committed to a state mental hospital.

The families of victims say they have proof that Ayres is competent. They

recently hired a private investigator to tail Ayres. Last month, only days

before his competency hearing, investigators secretly filmed Ayres “hanging

out in restaurants all over San Francisco,†Balfour said.

He appeared competent in the video, Balfour said, adding that he chatted with

his wife and two doctors about the Iowa Straw Poll and future of the Republican

Party.

He was also discussing past business ventures and his future court date, Balfour

said.

Many of Ayres’ victims have suffered from depression, alcoholism and drug

addiction, Balfour said. On Aug. 7, a 48-year-old victim committed suicide by

running into oncoming traffic in Southern California, she said. In February, a

44-year-old victim died of complications relating to alcoholism, she said.

Others have ended up in state prison, while others have filed civil suits

against Ayres, she said.

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Delayed justice

The molestation case against former child psychiatrist has dragged on for four

years.

- April 2007: Ayres arrested after a four-year investigation into

allegations he molested dozens of boy patients dating back to the late 1960s. He

later posted $750,000 bail.

- 2008: His trial is delayed partly so his attorney at the time, Doron Weinberg,

can handle the Phil Spector murder trial in Los Angeles.

- July 2009: Mistrial declared on all counts, with the jury split 11-1 in favor

of guilty on four of the counts. On the other five counts, the votes ranged from

10-2 to 7-5 in favor of guilty.

- August 2009: San Mateo County District Attorney’s Office announces it will

retry the case.

- March 2010: Ayres’ new attorney McDougall questions competency of

Ayres, saying he shows signs of dementia. Court orders two doctors to examine

him.

- June 2011: Mistrial declared in the competency trial, with the majority of

jurors in favor of incompetence.

- August 2011: Prosecutors concede that Ayres is incompetent to stand trial and

recommend he be committed to a state mental hospital.

- September 2011: Ayres is ordered to be placed at Napa State Hospital. He must

report to the state mental hospital within 30 days.

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