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This is an expanded version of a previously published article.
The FBI is interviewing Atherton residents and others about matters involving the town of Atherton and the San Mateo County District Attorney’s Office, according to sources who told The Almanac they had been interviewed.
Former finance director John Johns said he was interviewed about his experiences with the town of Atherton in late January by an agent in the San Francisco office of the FBI.
A reliable source who contacted The Almanac after being interviewed by two FBI agents said the federal law enforcement agency is seeking people who have information about possible misconduct, or who have witnessed possible misconduct, by the District Attorney’s Office. The source spoke on condition of anonymity.
Julianne Sohn, a spokeswoman with the San Francisco office of the FBI, said that as a matter of policy she could not confirm or deny that an investigation is taking place.
Mr. Johns, who successfully sued the town for wrongful termination and has a complaint filed against the police department for alleged evidence tampering and falsification of a police report, said the agent didn’t share information with him about the scale and scope of the investigation.
“It would be prudent for me to not convey to you what I conveyed to them,” he said. He added, however, that he was asked about his own experiences with the town, and that he spoke to the agent about “the conduct of both elected and appointed officials.”
“And they seemed to be very interested in what I said,” Mr. Johns told The Almanac. “The FBI took very good notes.”
Mr. Johns said he felt free to acknowledge that the interview occurred because he was not asked by the agency not to talk about it.
The unnamed source said the FBI agents’ interests extended to “a number of people who work for the county,” including the District Attorney’s Office. The person spoke on condition of anonymity.
An Atherton resident who did not wish to be identified acknowledged that he, too, had been interviewed about his experiences with the town.
Mayor Jim Dobbie said he knows nothing about an FBI investigation of town matters, nor does anyone he has spoken to. “But that doesn’t mean it’s not happening,” he added.
Councilwoman Kathy McKeithen, who has publicly criticized the town for not hiring neutral outside investigators when public officials are accused of possible wrongdoing, could not be reached for comment.
Town turmoil
The town has been the target of numerous complaints and accusations of wrongdoing that go back even before the 2007 firing of John Johns. Those complaints have involved the town’s police department, building department, and at least three council members whose actions were then reviewed by the city attorney.
Mr. Johns’ audit of the building department before he was fired turned up questionable practices and possible misconduct; a 2006/07 grand jury report highlighted a number of problems with the department, and criticized town management’s inaction in addressing those problems and questionable conduct on the part of some staff members.
Resident Jon Buckheit is suing the town, the county, three police officers and Councilman Jerry Carlson in federal court over the handling of his 2008 arrest during a domestic violence incident at his home.
Mr. Buckheit’s complaint includes an accusation that the police report on his arrest was falsified. Because the town refused to give a copy of the report to Mr. Buckheit, he had to sue the town to obtain it, and only then did he learn that the report had been altered, after it was first filed, to include a false charge of child assault.
Kimberly Sweidy and her husband, Raymie Stata, are suing the town, its former building officials, and consultants over the building department’s oversight of the construction of their home, which is now undergoing major repairs and a complete structural retrofit.
Key quote: “A reliable source who contacted The Almanac after being interviewed by two FBI agents said the federal law enforcement agency is seeking people who have information about possible misconduct, or who have witnessed possible misconduct, by the District Attorney’s Office. The source spoke on condition of anonymity.”
People who have information about misconduct by the San Mateo District Attorney’s office should not be afraid to come forward.
It’s about time the San Mateo DA’s office was investigated.
Who do citizens contact at the FBI if they have information on misconduct? Maybe Renee Batti at the Almanac News will be able to assist them ?
It has seemed to me over the years that if you’re a police officer in San Mateo County and you have have unjustifiably shot a suspect, you can usually count on the county DA’s office to dismiss any chance of being charged with wrongdoing.
On the first thread about the FBI investigation, someone named “RG” wrote said they could “cite numerous instances where former DA James Fox and his staff found it convenient to not prosecute criminal behavior or investigate civil rights violations in the County because, at least by appearances, such prosecutions would be an inconvenience or an embarrassment to the “select” few.
RG: I would be interested in hearing more details.
To Observer:
Your statement explains a lot–like why no one in SMC that is in a position of authority can even remember the difference between right or wrong anymore. Actually, It may never have even existed in the cultural memory of this county. At least not in the corridors of power.
Open any local history book that you care to and I can guarantee that the first paragraph will describe how The County San Francisco got rid of all it’s own corruption problems by ceding their own southern extremity to a bunch of wealthy but problematic thugs, if they would agree to just all clear out of the city and not come back. There are many examples of second, third and fourth generations having inherited their fathers seat at the table in some smokey back room that secretly runs the SMC machine. Apparently, they have all gotten a little too sloppy to keep pulling this exclusive game off unobserved. Maybe they can all be encouraged to move further south again.
Who else here has been the victim of police and/or misconduct by the San Mateo District Attorney’s office? Whoever you are, let’s hope you come forward to the FBI.
San Francisco office.
Disturbing Emails sent from former DA Jim Fox and current DA Steve Wagstaffe in defense of Sheriff Greg Munks and sidekick Bolanos, who were arrested in a police sting in Las Vegas for visiting a prostitution house with underage girls in 2007.
e-mail sent 4/25/07 10:47AM From DA Jim Fox
Greg and Carlos
“I just want to let you both know how sorry I am for what you are going through with the media frenzy. It isn’t easy getting beaten up in the media, but hopefully it will all be yesterday’s news by tomorrow, If there is anything I can do to help or provide support, please know I am more than willing.”
Hang in there.
Jim
e-mail sent 4/25/07 10:20 AM from Steve Wagstaffe
Greg and Carlos
Just a quick word of support from me as you go through a difficult time. To those who matter, your decades of outstanding work in law enforcement are all that count and your integrity is not the slightest marked by the modern media’s efforts to make a story out of a non-story. Hard as it is to think it now, remember it will be yesterday’s news and irrelevant by tomorrow.
My positive thoughts are out there for both of you.
Steve
_____
“To those who matter? ” What hubris. If a District Attorney in a big city had defended someone like Munks, they would have been asked to step down immediately.
I have a few really valied complaints that might shock the citizens of SMC how do I get a hold of someone?
Monica: Today’s San Jose Mercury News has a story, “Sources Say FBI is Asking Questions about San Mateo District Attorney’s Office”
It mentions that an Atherton citizen named Peter Carpenter got the FBI ball rolling. Perhaps if you emailed Renee Batti, at the Atherton Almanac, she could put you in touch with Carpenter. Renee’s email: rbatti@almanacnews. com. You could also contact reporter Bonnie Eslinger at the Mercury News: beslinger@dailynewsgroup.com.
Here’s today’s story from the Merc:
Today’s San Jose Mercury News: “Sources Say FBI is asking Questions about San Mateo District Attorney’s Office”
http://www.mercurynews.com/peninsula/ci_17398809
Excerpt:
The FBI has interviewed several Atherton residents in recent weeks, but the focus of its investigation may include the San Mateo County District Attorney’s Office, The Daily News has learned.
According to one person who was interviewed by the FBI but requested anonymity, the federal agency is interested in speaking with other people who have information about misconduct or have witnessed misconduct related to the district attorney’s office. That could include former or current employees of the office, as well as people whose cases have been represented by it.
From Merc. story:
District Attorney Steve Wagstaffe said no one in his office has been interviewed or talked to by the FBI, and he has no knowledge of any investigation.
“Of course there’s lots of disgruntled people sometimes that don’t like the decisions we make,” he said. “But … there is nothing that I would conceivably be aware of that the FBI would be interested in investigating over here.”
_____
Of course Wagstaffe wasn’t contacted by the FBI, because Wagstaffe is their target!
My role in this matter was simply to connect a number of citizens who felt that they had evidence of wrongdoing to the appropriate federal law enforcement agency. I have no personal knowledge regarding the alleged wrongdoings and I defer to the FBI to determine if there is sufficient evidence to seek prosecution.
If others believe they have been the victims of wrongdoing, then I hope that they will also come forward.
Thank you for your efforts, Peter.
Peter Carpenter has done us all a favor by soliciting the FBI’s assistance in draining the swamp.
Thank you, Peter. I hope this is the beginning of the end of the corrupt DA and APD. So many suffered under their dirty rule.
I’ve heard reports that a man posing as an FBI agent has been interviewing former and current Atherton officials. He apparently uses a tape recorder and takes notes, and has a realistic FBI badge. If you’ve seen this man, please report him to police.
JT – good try to discredit this investigation but fortunately the FBI agent involved is, surprise, a female.
O.K. I’m finished laughing now at Officer JT’s attempt to put this thing back into the (closed loop) Box that it has resided in for so long. By the way does poster JT happen to be a local dispatcher with an ax to grind?
I can remember several years ago that another poster “Just a Thought” had proclaimed that ultimately it would take a female to clean up this SMC mess–here’s hoping the the FBI sent in the right woman.
Well, to be accurate- there are TWO FBI agents investigating this case-a woman, and a man.
JT I think I’ve been duped!
Can I reach you at the Atherton Police Station? What’s your badge number?
Would you prefer I speak with your partner Sherman?
Hey Lurker, if you really want to contact the FBI, call the number for the office in SF. It’s in the phone book. By the way, when I was growing up in Lindenwood we had an FBI agent who worked in the SF office as our neighbor. He was one of the ones than looked into this kinda stuff. Nice guy, unless your the one getting grilled!
I think JT was joking, and Peter took it seriously. Tells you something about Peter that he didn’t find it humorous.
DP:
Nothing about this is a laughing matter. Bravo to Peter Carpenter for having the courage of his convictions.
DP states:”Tells you something about Peter that he didn’t find it humorous.”
I suspect that if we knew who JT was that none of us would consider his comment as humorous.
DP
Nice back tracking deflection attempt–but everyone’s got your MO
DP says:
“I think JT was joking, and Peter took it seriously. Tells you something about Peter that he didn’t find it humorous.”
DP why would anybody think that having the FBI investigate a local Police Department and our District Attorney is a humorous?
Thank You Peter
We’ve heard from JT and DP. Betting they are one in the same. Also betting they are the subject of this investigation. Getting a little warm is it boys?
As Mr. Buckheit’s counsel is a former United States attorney, I doubt Mr. Carey needed Mr. Carpenter’s help in contacting the FBI over any prosecutorial misconduct. I suspect Mr. Carpenter has inserted himself in this newest waste of taxpayer money and resources as a way to express his frustration over the district attorney not pursuing what would be California’s first case of a violation of the Brown Act which was enacted some 57 years ago. At least with Ms. Fergusson, he did not enlist his own attorney to draft a letter to the district attorney such as he did when he was upset over lawn signs that were appearing that endorsed certain candidates running for the Fire District (October 2009) which also went no where. He actually wrote his own letter on this occasion.
Many thanks to the San Jose Mercury for giving us the complete story in letting us know who was behind this FBI investigation. While an FBI investigation makes for a stimulating article, it should be pointed out that at least the Mercury News included the entire quote by FBI spokeswoman Julianne Sohn that she “can’t confirm or deny any sort of investigation but it’s important to note that “people come to the FBI every day with complaints.” “We listen carefully, we ask questions”, Sohn said. “That doesn’t mean we have enough to proceed with an investigation”.
Thomas:
if the FBI wasn’t conducting an investigation they wouldn’t have interviewed anyone. Since they clearly have interviewed people, they are clearly conducting an investigation. It’s really not too complicated.
To eliminate Thomas’ doubts about whether or not an investigation is in progress, it was the FBI who sought me out. The agent with whom I spoke offered to meet me at a time and place that was convenient for me.
I was so delighted to hear from them that I insisted on a time and place that was most convenient for them.
JT’s comment was clever indeed. It’s always funnier when you aren’t the one being investigated.
Mr. Johns, I have no doubts with regards to whether an investigation is in progress and that it was the FBI that contacted you. I am merely pointing out the timing with which the investigation was initiated and who was named by the San Jose Mercury as behind it. It has nothing to do with you or your continued delight with bashing everything Atherton.
While I have come around to believe Mr. Buckheit was denied his due process by the APD, I think his hiring you and your subsequent posts on this forum has done more damage than good on his behalf. As far as the inequities you suffered while employed by the town, you were compensated and it’s time to move on and find your next cash cow.
Thomas – you need to do your homework before posting ridiculous statements.
1 – Read the entire thread before making incorrect assumptions:
“Posted by Peter Carpenter, a resident of the Atherton: Lindenwood neighborhood, 12 hours ago
My role in this matter was simply to connect a number of citizens who felt that they had evidence of wrongdoing to the appropriate federal law enforcement agency. I have no personal knowledge regarding the alleged wrongdoings and I defer to the FBI to determine if there is sufficient evidence to seek prosecution.”
2 – I did not hire an attorney when I challenged some of the signage being used in the 2009 Fire District election.
3 – My role in the current investigation is as described above and has nothing to do with how the DA handled the Fergusson affair. I have previously stated my opinion on the DA’s investigation of the Fergusson matter – they reached a different conclusion than I suspect they would have had they bothered to actually question the only person with full knowledge of the situation, Ms. Fergusson.
Thomas calls it bashing, I call it holding people accountable for their misconduct.
The only thing this thread proves is that some serious attention is being focused on Atherton and the San Mateo County District Attorney’s office.
Our elected officials would be wise to get ahead of this story before they get swept up in it.
Unfortunately that’s not going to happen in Atherton, POGO. I’m not sure whether Jim Dobbie’s comment when the story broke is him trying to be Mizaru, Kikazaru or Iwazaru…but he’s in a state of denial.
You know what they say, “if you’re not part of the solution…”
This is a real chance for the Atherton Town Council to step up and show some courage.
Pogo:
The only courage your going to see from this council will be delivered by transatlantic plane sometime tomorrow, in the person of good old Ms. McKiethen.
But it’s going to be Collect on Delivery only folks–so residents bettered be prepared to step up and support her in force–the rest of the council will just stand by and watch while the town flames on.
and while I’m at –Thank God for Peter Carpenter’s commitment to this community. Maybe we will actually all be able to survive with just one good person in leadership, and one Great Citizen amongst us. Anybody wanna lend these two a hand much………..?
In response to Lurker’s request for more detail on my experiences of questionable ethics by Jim Fox and other police agencies in SMCo here is my second attempt at a post on the issue:
1) A series of mail robberies from our mail box in 1996 which netted the thieves several replacement credit cards upon which they ran up charges in excess of $30K. The thefts went un-investigated by both the sheriff and the DA until we purchased a security camera and began monitoring the tapes. It only took about an hour to catch the next attempt on tape which did finally spur the sheriff into action. A day or two later they took 2 reputed members of the Russian mafia down at gunpoint. Our esteemed DA declined to prosecute this case without even the courtesy of an explanation. When I tried to talk to him about the issue on what apparently was a straight through line to his office, he was livid that I had gotten through to him. The only real dialogue was his demanding “who gave you this number.” I never did get any explanation from him. Apparently the feds did prosecute these guys a few years later. But I know fully that in the intervening years, many others suffered the angst and time consuming problems of identity theft wrought not just by these thieves but by a DA who had other priorities.
2)Several instances of theft, by contractors doing work for the county, of public property from an agency in which I had some responsibilities. The thefts were amply documented with photos (which I still have) and investigated by the sheriff. The thefts were not even denied by the contractors. But, according to the DA, theft of public property “is a civil issue.” I don’t know what law school our DA at the time attended but he definitely needed more than a little updating on California’s criminal code. The sheriff’s office eventually refused to even respond to these issues because even though they felt it was a criminal act and were sympathetic, they knew the DA would do nothing and “didn’t want to waste their time.”
3)An instance less than 2 years ago wherein Menlo Park police offices investigating a report of an unidentified person walking in a neighborhood where there had been some burglaries stopped a Hispanic domestic worker walking, as she often did, to her job at a local home. Even though the person was identified by the owner of the home where she worked as well as her supervisor who is also Hispanic, the officers took it upon themselves to photograph both the worker and her supervisor “to keep in our files for future investigations.” I’m no expert on civil rights law but in my view as well as the view of several lawyer friends, this was a pretty egregious violation of the civil rights of these 2 people. This issue was brought to the attention of our county DA, the city mayor, the city police chief, and the attorney for the city. None of the aforementioned 4 people had the courtesy to even reply to my letter.
So, in San Mateo County it’s all right to steal credit cards and use them to swindle local merchants, and it all right for county contractors to steal public property, but you darn well better not be caught walking while Hispanic in the wrong neighborhood.
I’ve seen some other similar behaviors by the county counsel but I’m tired of pounding sand because I feel quite sure that this will all come to naught.
Thanks for that RG
So. Now that the old DA is at least finally gone if not entirely forgotten, and the new DA does not have a boss to please anymore, or to use as an excuse, one possible correction might come if the new DA could ever separate himself from all of the legacy obligations to “Those Of Us Who Matter Inc.”, or whatever name the VIP Club cronies that manipulate his office to run their little political machine are calling themselves currently. The DA may actually need some serious help in separating himself from these titans of SMC and their entrenched grip on power behind the scenes. No one could ever know better than he does, what forces they might unleash on anyone who stands in their way. Maybe he is afraid of them?
Money (our taxes)–Power–and a Private Army in Blue– Is any of this why the readers of this forum bother to vote every few years? Oh that’s right! We didn’t need to bother to vote because everyone knew better than to even bother to run against him.. …..
Think there any chance the guy secretly wants to be rescued by the FBI?
The Board of Supervisors refused to act on 3 requests to investigate/performance audits of Steve Wagstaffe.
Here’s the link to Mercury News story today:
“Mother Sues San Mateo County DA for Dropping Child Molestation Case”
http://www.mercurynews.com/peninsula/ci_17408446
The story about the FBI’s investigation into the San Mateo DA’s office was on the Yahoo local news page yesterday.
Wagstaffe sounds nervous in today’s Merc story. Not his usual arrogant self.
Don’t tell me he’s not rattled by the news that the FBI is looking at him.
San Mateo Daily Fetch: ” A Rough Week for the DA”
“It isn’t often that a DA get sued, but that’s what’s happening in San Mateo County. The mother of a girl is suing the DA because he dropped charges against her husband who drugged and molested her daughter… This story, combined with the FBI poking around the DA’s office and it has been quite a week for the newly elected DA…”
http://www.thedailyfetch.com/san-mateo/
http://www.youtube.com/watch?v=BnwJ5KIcKX4
Dear Editor:
“Isn’t it rich” that our District Attorney returned a convicted sex offender to court to withdraw his plea and renegotiate it to vacate his sex offender registration and be eligible for housing in a treatment program that excludes registered sex offenders, (“Hospital attacker no longer registered sex offender” in the Daily Journal edition Feb 3
Deputy District Attorney McKowan said. “Marsy’s Law mandated registration for indecent exposure which left his conservator struggling to find a legal way for him to stay; it’s totally a technicality. The sentence [and] outcome is the same [and] it gives the county more flexibility to treat him. The general public need not worry about the lack of registration because even if he ever merits release it means he has somehow recovered. This is a guy whose whole problem was conduct in the hospital. Nothing every happened in the street,” Really…?
Last week, I looked up the name of the alleged sex offender arrested in Menlo Park. He “pleaded no contest to charges he committed lewd and lascivious acts with a child under the age of 14”; however, he failed to surrender for his sentence in 2003 according to the San Mateo County District Attorney’s Office, ( Jan. 28). The California’s Registered Sex Offender Search Results Page showed no listing of this offender. Now, either the Attorney General Office failed to register his name or our county failed in forwarding his name for registration or the court did not order his registration as part of his plea – a common problem when we have the goods on a defendant!
From my perspective, our county district attorneys and court are in grave danger of being schizoid when it comes to sex offenses committed on minors considering past judgments!
Motuapuka’s lack of sex registration when the system has the proof of defendant’s guilt suggests a pattern of judicial irresponsibility by Chief Deputy District Attorney Wagstaffe who said, “At the time the case settled, prosecutors called it a great disposition for public safety,” (TDJ, Dec. 29).
A Burlingame man who had consensual sex multiple times with a 12-year-old girl he met at a bus stop was sentenced to six months in jail [and] does not have to register as a sex offender. Wagstaffe said he respects Judge Etezadi’s decision even as the office’s position is still that two years prison would have been more appropriate,” (TDJ, Dec. 10 ).
A 20-year-old tae kwon do instructor who performed a sex act with a 13-year-old girl he considered his girlfriend told police “he had performed a sex act with the girl to celebrate their four-month anniversary.” He was sentenced to 3 years of probation and Wagstaffe emphasized he will not have to register as a sex, (TDJ Sep. 4). “We did not ask for [registration], because the victim’s father spoke to us and said he didn’t feel that should happen and… considers the result of the case an appropriate sentence.”
“A Foster City masseur must… spend three years on supervised probation but is not required to register as a sex offender…. [He] inappropriately touched and orally copulating a female client and was “sentenced to 60 days in jail on two misdemeanor counts of committing a lewd act in public, (TDJ, Nov. 2).
A 32-year-old San Bruno woman who lured a 14-year-old boy into her minivan, gave him alcohol and had sex with him was sentenced to eight months in jail for unlawful sexual intercourse [but she] will have to register as a sex offender. She went cruising for teenage boys at a San Bruno movie theater in March 2008 and picked up the victim along with some of his friends and gave the boys alcohol and cigarettes before finally having sex with the victim in her vehicle, (TDJ, Mar 2008). ” Wagstaffe said, “If this had been a man the issue would not have been if, but how many years in prison…, adding that because society views this type of incident as less serious than ones between men and girls the sentence is accordingly lighter. The concept of equal punishment for this type of crime doesn’t exist in our society at this point…. That was at the judge’s discretion.
When you have the goods on offenders and the DA offers or the court grants a light sentence and waives the sex registration requirement, that negotiated plea abuses the system in the name of settling cases.
By contrast consider these two counterpoints:
“The former head of the Belmont Chamber of Commerce Michael Kazarian accused of molesting his ex-girlfriend’s daughter was acquitted of all 17 charges related to a sexual molestation case that was decades old. Besides sullying his reputation, remaining in jail, lost of his presidency and possible livelihood on a questionable case demonstrates the poor performance by our DA’s staff and our law enforcement’s investigation protocols. Decade’s old memory challenges everyone and the potential for embellishment creates a disadvantage; forensic evidence is lacking and non-admissible lie detector tests are tainted over time.
Today we have another “ancient” case (Dr. Ayres) governed by several old and renewed botched investigations with little and highly suspect evidence that is more than 11 to 20 years behind the times. While the DA has the responsible discretion to proceed, he can defer pending a comprehensive investigation or drop the matter as not proven despite what prosecutor’s or victims think of a defendant’s guilt. The first trial resulted in a hung jury well over a year ago; the court is now set for a competency trial.
One wonders what the philosophy of the DA’s office is on deterrence, prevention and prosecuting hard evidence crimes when you have the goods and defendants soft sentences are imposed; contrasting the soft evidence crimes, we see that they are hammered and melded into a trial of disrepute and have questionable results. Well…, at least I wonder!
PS: Send in the clowns….
To the Person Who Is Monitoring This Site:
Please be advised that the above poster has made a slew of slanderous and false accusations and inappropriate off-color statements on the now defunct San Mateo Daily Journal Forum. His slanderous comments received so many complaints in July 2009 that the editor of the SM Daily Journal shut down the forum entirely for two weeks.
Additionally, the above poster has sent private messages to posters at http://www.websleuths. com with outrageous claims with no basis in fact. They will not permit him to post at Websleuths.
However, what is not stated by Lurker is that I was invited back by (e-mail with a caution)at the end of two weeks by the TDJ and also been published many times since then in their paper on a variety of subjects and many more times in the forum before it was closed down – maybe the FBI or DA asked for it to be closed down due to the misalligned Dr. Ayres case….
Isn’t it rich?
Are we a pair?
Me here at last on the ground,
You in mid-air.
Send in the clowns.
Isn’t it bliss?
Don’t you approve?
One who keeps tearing around,
One who can’t move.
Where are the clowns?
Send in the clowns.
Just when I’d stopped opening doors,
Finally knowing the one that I wanted was yours,
Making my entrance again with my usual flair,
Sure of my lines,
No one is there.
Don’t you love farce?
My fault I fear.
I thought that you’d want what I want.
Sorry, my dear.
But where are the clowns?
Quick, send in the clowns.
Don’t bother, they’re here.
Isn’t it rich?
Isn’t it queer,
Losing my timing this late
In my career?
And where are the clowns?
There ought to be clowns.
Well, maybe next year.
If I am dropped from this forum, let it be! I have never registered with Websleuths and the only person I sent one e-mail to was believe09 who offers his email in his posts.
Since the FBI is investigating the DA’s Office and some in the posts here mentioned Dr. Ayres, more may need to be said to put heat on those that appear to malfunction within permissible laws and not for the public public, I can only say, let’s keep everything in the forefront – one clean house is better than coming back decades later and trying to play catchup in reconstructing the Ayres case with poor protocols is a poor excuse that has become politiclly controled by a covey of ingrained career politicians…:
Since we are before the court tomorrow and if Dr. Ayres is found incompetent to assist his counsel, he should not be transferred to a state hospital… in this greatly flawed investigation.
Ayres’ age may play a role in his current mental state but that is different than an ability to aid in his own defense, McKowan said….I definitely believe he is competent. He is definitely suffering from some degree of dementia but it is up to a jury whether or not that is enough. If successful, Ayres will be sent to a state mental hospital for treatment rather than face a second chance at conviction and incarceration,(Competency trial begins for child doctor,” in the Jan. 10 edition of the Daily Journal). In this case, incarceration in a state hospital is a blatant backdoor justice when the results of the last trial failed to achieve a desirable result.(It reminds me of the innocent and guilty incarcerated at “Gitmo” by our executive and judicial shenanigans or incarcerated inmates later cleared by DNA.)
As unpopular as my position may seem, if Dr. Ayres, age 78, is not competent to stand trial as a pretrial defendant whose aging is normal, he should remain in our community for treatment of an irreversible case of old age. He has not been acting bazaar or out of character; there are no current cases of alleged pedophilia – the other unproven events are more than one and two decades old and there is no forensic evidence collaborating the victim’s complaints; there are no known cases since the victims came forward! He has no prior criminal history and as far as we know, he is aging like others who are in various geriatric stages.
To incarcerate Dr. Ayres in a state hospital is an unlawful detention simply because the facts are much in dispute and he has been tried once where the results were unproven. That jury’s reasonable doubt should mitigate against unwarranted incarceration if he is found to be unable to aid in his defense. His geriatric treatment will likely not reverse his mental process or physical ailments and it should be a local matter paid through his private and social security funds, not at taxpayer expense!
There is also a hollow investigation that has become a farce in Boston is deflecting attention from our local matter. Another deflection to transfer to the AG’s office or even Federal Court is inappropriate and an abuse of everyone in this case – you don’t have the goods and I don’t trust anyone associated with this sordid affair this late from the antecedents of alleged discovery, reporting timely and conducting a proper investigation!
Let it be and let everyone get on with their lives. There have been no know current and untoward behavior in more than 11 years by Dr. Ayres alleged in-statutes cases.
Close down this case immediately, Submit this and thew other cases I cited to the Grand Jury of San Mateo and let the FBI conduct their investigation.
Oh, you may want to recall Wagstaffe and a couple of other enablers – that won’t happen – we are just too “democratic.”
Your criteria about removing posts are confusing.
If this thread is “FBI focuses on Atherton, DA’s office, sources say,” then all posts relating to Dr. Ayres case or Mckowne or Sheriff Mucks, and the recent suit by a mother of a molested victim should be removed! They have no bearing on the Atherton and Wagstaffe’s relationship.
The liberal view is that all complaints about the DA and his behavior may be relevant to everyone. So which criteria are you deciding what to censor since posters are asking and pointing to Menlo Park and councilperson Ferguson as as examples?
I’d be glad to forgo posts on Ayres/Wagstaffe and Mckowen, but you should be more restrictive of the other post. Frankly. I am not off topic or in an attack mode – Lurker attacked my representation (not the other way around) and I provided support on waivers of sex registration by pedophiles that was endorsed by the DA and courts.
Plese review my posts or provide uniformaty to all theads and posts or activate them in this thread!
Concerning the other lawsuit against the San Mateo DA’s office, this San Mateo Daily Journal story says today that prosecutor Melissa Mckowan actually asked the victims’ family in the criminal case to PAY for expert witnesses. This is against the law.
http://www.smdailyjournal.com/article_preview.php?id=152798&title=DA%20sued%20over%20dismissed%20molestation%20case