Former San Mateo Psychiatrist Sentenced To Eight Years
A former San Mateo psychiatrist, Dr. William Hamilton Ayres, did not flinch when a San Mateo Superior Court judge sentenced him Monday to eight years in state prison for molesting boys who were patients of his in the 1990s.
Judge Beth Labson Freeman handed down the sentence just before 4 p.m. following a long day of victim impact statements and an afternoon of pleading from Ayres' wife, son and daughter.
Ayres himself did not speak.
Ayres was sentenced to eight years concurrent for each of the eight counts of lewd and lascivious acts on a child 14 or younger, which means he will serve all the sentences at the same time.
He must also register as a sex offender for life and pay a $10,000 fine to the Victim Witness Assistance Fund.
Based on time served, Ayres will likely be behind bars for nearly six years.
"My conclusion is based on the fact that you violated the innocence of young boys in your care," Freeman said before she delivered her sentence.
Ayres and his family, seated behind him in the front row of the courtroom, did not react to the sentence.
The 81-year-old wheelchair-bound Ayres was wearing red jail-issued clothing and was wheeled out by a bailiff.
His family exited the courtroom rather quietly and nonchalantly.
Ayres' defense attorney Jonathan McDougall, who has worked on the case since 2009, said he thought Judge Freeman did the best she could in following the law.
"This has been an extremely difficult case. There are a large number of people who felt victimized; Ayres felt victimized by the system; the family felt their husband and father had been victimized," McDougall said.
He said that he would file a notice of appeal but that an appellate attorney would take it on thereafter.
He also noted that there could be a restitution hearing, should any victim believe they are owed money.
The emotional day began with victim impact statements from 15 victims or loved ones, who shared their stories of how the actions of the then-revered doctor negatively impacted the course of their adult lives.
The later portion of the afternoon was reserved for Ayres' family to speak on his behalf.
Barbara Ayres called her father innocent and honorable and used much of her time addressing the court discussing the issue of memories and how details differ in long-term memories, calling into question witness and victim accounts.
She called the allegations against her father a "scapegoat," adding, "adolescents rarely go to psychiatrists because they're happy."
The former doctor's wife, Solveig Ayres, spoke on her longtime husband's behalf, stating that he did conduct physical exams when needed, but said he was not "touchy feely."
Solveig Ayres said that after knowing Ayres for 50 years she knew him thoroughly enough to know his character and that she believed he was not capable of the allegations against him.
Ayres rarely looked up as people read or voiced their statements.
His white hair disheveled, Ayres looked forward for most of the day, rarely glancing to the side to meet eyes with some of his victims who chose to stand and deliver their account rather than take a seat on the witness stand.
Two days in to his second jury trial, on May 16, Ayres pleaded no contest to eight counts of lewd and lascivious acts on a child under 14 for allegedly inappropriately touching five boys who had come to him for counseling in the early 1990s.
He was remanded into custody on Aug. 7. Prosecutors believe the alleged molestations involved fondling of young patients during "medical" examinations while in counseling sessions with Ayres during a period of 1991 to 1996.
The boys were between the ages of 9 and 13 at the time, according to prosecutors. Ayres had a thriving practice treating children patients from the 1960s to 2006, according to the district attorney's office.
He was also called upon to evaluate hundreds of cases, including sex offenders, in San Mateo County juvenile court going back to the 1970s.
SFPUC Officials Say Water, Power Supplies Continuing As Usual Despite Rim Fire
San Francisco Public Utilities Commission officials said Monday that the massive Rim Fire near Yosemite National Park is not affecting the commission's ability to provide water and power to its 2.6 million customers.
The fire has burned nearly 150,000 acres but as of Monday afternoon had not yet reached the O'Shaughnessy Dam or the Hetch Hetchy Reservoir, which provides the majority of the SFPUC's water supply, according to commission officials.
Ash from the fire, which started on Aug. 17, is falling in the area of the reservoir but has not affected the turbidity, or cloudiness of the water, SFPUC spokeswoman Suzanne Gautier said.
Gautier said the water has maintained a turbidity level of 0.2 NTUs, well below the state-mandated level of 5.0 NTUs or lower.
SFPUC officials say water is drawn from nearly 300 feet below the surface of Hetch Hetchy and is sent through the dam and tunnels toward the Bay Area.
Gautier said Hetch Hetchy makes up about 85 percent of the SFPUC's water supply, with the rest coming from local reservoirs in Alameda and San Mateo counties.
SFPUC crews have also been busy making sure utility service is not impacted by the fire, which damaged a hydroelectric facility last week and prompted the commission to shut down power lines in the area.
Crews Monday morning were in the area of the Kirkwood Powerhouse to make repairs in areas deemed safe by fire officials.
San Francisco's municipal customers remain with full power supplies from the SFPUC, which has spent about $600,000 on supplemental power supplies from outside sources since last week, according to the commission.
Gov. Jerry Brown on Friday declared a state of emergency for San Francisco because of the threat to the city's water and power infrastructure.
The Rim Fire had burned 149,780 acres as of Monday morning and was only 15 percent contained, according to the U.S. Forest Service.
The cause of the blaze remains under investigation.
More information about the fire's impact on San Francisco can be found on the SFPUC's website at www.sfwater.org/RimFire.
Two Occupants Die When SUV Plunges Off 100-Foot Drop In San Mateo County
Two people died Monday evening when their SUV plunged 100 feet off of Interstate Highway 280 outside of Burlingame, according to the California Highway Patrol.
The crash was reported at 5:21 p.m. on northbound Highway 280 near Trousdale Drive.
A white SUV's two occupants were trapped when the vehicle flew through a guardrail and down a 100-foot drop, the CHP said.
They were pronounced dead at the scene.
The CHP is investigating what caused the crash.
Marin City Suspect In Mother's Slaying Recovering From Police Shooting In SF
The Marin City man who was shot by U.S. Park Police after he allegedly killed his mother Friday is in fair condition at San Francisco General Hospital Monday, hospital spokeswoman Rachael Kagan said.
The suspect, 22-year-old Carlos Aldana, is expected to be booked in the Marin County jail after he is medically cleared from the hospital, Marin County sheriff's Lt. Jamie Scardina said.
Aldana is suspected of fatally stabbing his mother Rosa Aldana, 44, in her apartment on Cole Drive in Marin City.
Her body was found after Marin County sheriff's deputies received a request around 11:10 p.m. Friday to check on her welfare, Scardina said.
A person who had returned to the apartment before deputies arrived noticed the front living room was completely covered in blood and called 911, Scardina said.
The California Highway Patrol then received a report about a man covered in blood boarding a San Francisco-bound Golden Gate Transit bus at Donahue Street in Marin City.
U.S. Park Police located the bus at Fillmore and Chestnut streets in San Francisco.
When the blood-covered rider got off the bus, he threatened the officers with a knife.
Officers then shot the man, later identified as Aldana, several times, Scardina said.
He was taken to San Francisco General Hospital.
Detectives are interviewing witnesses and family members to determine a motive for the slaying, Scardina said.
Berkeley Mayor Preparing Generations Of Campers For Worst After Berkeley Tuolumne Camp Burns In Rim Fire
Nearly 150,000 acres have burned in the raging Rim Fire and the Berkeley-run camp Tuolumne Camp was destroyed in the blaze Sunday, according to the U.S. Fire Service.
The fire, which started on Aug. 17, has spread from Stanislaus National Forest into Yosemite National Park and has since destroyed 23 structures and is threatening as many as 4,500 others.
One of those structures is Berkeley's long-running family camp, located at 31585 Harden Flat Road near Groveland.
Berkeley Mayor Tom Bates said Monday afternoon that the camp, comprised of several cabins, a dining hall, a main lodge and other recreational facilities on the Tuolumne River, has been a summer destination for generations.
He called the loss, "so sad" and recalled the retreat as "a Berkeley tradition."
The camp has offered fishing, swimming, hiking and other activities since opening in 1922 for Berkeley residents and other locals.
The fire burned through the camp but the full extent of damage has not been determined, Bates said.
The mayor said he was planning to go at the end of the summer to see improvements made to buildings in the past few years.
"I was anxious to see it," he said.
The city leader said he will likely still visit but instead to assess damage and work on future plans for the charred space.
"It would be wonderful if we could rebuild it," Bates said, but cautioned "if everything else is burned, it would be a camp without any 'there' there."
He said the tough reality is that if the forest, centuries-old trees and surrounding environment have been destroyed beyond recognition, the camp "won't have the same ambiance."
"The experience with all the trees and forest around it," he said, "It won't exactly have the same feel as the past."
He said it was too soon to decide how to proceed with the campsite.
City spokesman Matthai Chakko said with the active fire it is too dangerous to send anyone to the site, but that "the damage appears to be pretty extensive...it's pretty devastating."
The camp had been evacuated last Tuesday as the flames neared.
No injuries were reported when the blaze touched down at the camp.
"People were legitimately concerned," Bates said, adding that everyone at the camp had returned to the Bay Area last Tuesday.
The city runs two other summer camps at Echo Lake near Lake Tahoe and Cazadero in Sonoma County.
Echo Lake Camp was closed and remaining sessions cancelled Friday because of heavy smoke from the Rim Fire affecting air quality.
The camp itself is not threatened by the fire.
San Jose Police Identify 22-Year-Old Man Shot, Killed Saturday Afternoon In Downtown San Jose
A 22-year-old man gunned down Saturday afternoon in downtown San Jose has been identified as Ramon Garcia, San Jose police said Monday.
Garcia became the 33rd homicide in San Jose so far this year, police spokesman Albert Morales said.
Officers responded to a report of shots fired near a business in the area of North Third and East Julian streets at about 1 p.m. Saturday, Morales said.
Garcia was taken to a Regional Medical Center of San Jose and declared dead at around 1:43 p.m., Morales said.
The motive and circumstances involved in the shooting are under investigation and there are currently no suspects in the murder, Morales said.
Anyone with information about the homicide is urged to contact San Jose police's homicide unit at (408) 277-5283 or Silicon Valley Crimestoppers at (408) 947-7867.
Oakland Trial Begins For Two Men Accused Of Raping, Murdering Woman Found In Trash Can
A prosecutor and two defense attorneys agreed Monday that 22-year-old Shavan Boone died a horrible death in Oakland nearly seven years ago but they disagreed about whether there's convincing evidence about who killed her.
Prosecutor Stacie Pettigrew said Boone was raped, robbed and killed on Nov. 2, 2006, and her body was found two days later.
She had been shot in the back of her head "execution style" and then dumped in a trashcan strewn among garbage in a creek bed in the 5700 block of Trask Street in East Oakland.
Boone lived in San Francisco, worked at a Goodwill store and was raising a four-year-old son by herself.
Referring to the three men who've been charged with murder for her death, Pettigrew said, "They treated her like garbage and thought nobody would miss her and find her but she was a friend, a daughter and a mother to a four-year-old boy."
Pettigrew outlined her case to jurors in her opening statement in the trial of Frank Irwine, 28, and Kristian Dailey, 34, who are charged with murder and four special circumstances that could result in life in prison without parole if they're convicted.
The special circumstances are committing a murder during a robbery, rape, sodomy and forced oral copulation.
The third defendant, Terrance Anderson, 25, is scheduled to be prosecuted separately next month.
Pettigrew told jurors that they might find that Boone was a prostitute but she said she nevertheless doesn't believe that Boone had consensual sex with any of the three men accused of killing her.
Boone "never stayed out all night" and wanted to get home to take care of her son, who was being babysat by a neighbor and friend, Pettigrew said.
The prosecutor said DNA evidence overwhelmingly proved that both Irwine and Anderson had sex with Boone.
Video from an ATM machine and cellphone records connect all three men to the robbery of Boone and her death, Pettigrew said.
Irwine's attorney, Ray Plumhoff, said the three men "may have been one of the last people to see her alive but that is not proof that they killed her."
Plumhoff said, "There is no conclusive evidence that Irwine killed her. He had no motive and there's no evidence that he sexually assaulted her."
Dailey's attorney, Darryl Stallworth, said Dailey should be found not guilty of all charges because "there are no facts for the prosecutor to prove her case beyond a reasonable doubt."
Stallworth said there aren't any fingerprints or ballistic evidence that tie the defendants to Boone's death.
Stallworth said it's also "sad but true" that Boone "engaged in a dangerous lifestyle" that may have contributed to her death.
He said Boone indulged in "alcohol, drugs and sex with strangers" and had met with a stranger at the Hot Tubs sauna on Van Ness Avenue in San Francisco a few hours before she was killed.
Stallworth said the fact that Boone was murdered "is pretty clear" but he doesn't think there's convincing evidence that the three defendants were the culprits.
UC Berkeley's New Chancellor Says University's Public Mission Won't Change
New University of California at Berkeley Chancellor Nicholas Dirks said Monday that the university will need to rely more on philanthropy for funding but promised that it won't become more privatized.
Dirks, who formerly was executive vice president at Columbia University in New York City and replaced former Chancellor Robert Birgeneau this summer, said the university only gets about 12 percent of its funding from the state, down from 30 percent about ten years ago and down from 50 percent in the more distant past.
Dirks said the university has had to scramble to find funding from other sources but he said "there's no shift in the way the people in this university conceive of it being a public university and in the centrality of its mission of serving the public."
Dirks said the university remains committed to providing an accessible and affordable education to students and "to make the world a better place."
He dismissed privatization as "the 'p' word."
Talking to reporters at a news conference marking the beginning of the academic year, Dirks said when he was considering coming to UC Berkeley from Columbia he wondered if "it would be a good move for anyone" because of the state's decreased financial support for the university.
But he said, "I was gratified to find out that the university was not just alive and well but actually was prospering" due to getting funding from other sources.
Dirks said when California voters approved a tax increase last November to better fund education and other programs it was "a great mandate" for the university and helped stabilize its funding.
He said that because UC Berkeley is consistently rated as one of the top universities in the world "it's like coming to Mecca" to be its chancellor.
Referring to the nicknames for New York City and the university, Dirks joked, "I've given up the Big Apple for the Golden Bear."
Dirks said one of his priorities is improving the quality of the college experience for the university's undergraduates.
Vice provost Catherine Koshland said one of the programs aimed at undergraduates is "common good" courses in areas that students need in order to graduate in areas such as reading and composition, math and science and foreign languages.
Another new program, Koshland said, is "Berkeley 4.0," which she said helps prepare students for a future in which what they know is less important than how they think, learn and discover on their own.
She said three important concepts anchor the university's vision for the future: mentoring, teaching and learning and academic support.
Maura Nolan, an associate English professor who is director of the Berkeley Connect program said mentoring will include creating an "intellectual community" of faculty, graduate students, undergraduates and alumni.
Nolan said the program "increases meaningful interaction between faculty and students so undergraduates get the most out of UC Berkeley."
Anne De Luca, associate vice chancellor for admissions and enrollment, said another new program is CalCentral, which provides a unified and personalized single sign-on experience for students to email and have access to calendars, documents and class collaboration spaces as well as links to important campus services and resources.
De Luca said CalCentral will be a pilot program for 4,000 students this year and will be expanded to all students next year.
Sonoma County's Coroner's Office Identifies Sebastopol Woman As Fatal Crash Victim
The Sonoma County coroner's office has identified the victim of a fatal solo vehicle crash late Sunday night as 21-year-old Ellen M. Genazzi of Sebastopol.
The California Highway Patrol initially said the victim was a Point Reyes resident.
Genazzi was driving a 2012 Chevrolet Silverado that struck a tree on Bloomfield Road just west of Burnside Road near Sebastopol in unincorporated Sonoma County, CHP Officer Kerri Post said.
The crash was reported at 11:40 p.m. and closed Bloomfield Road until 1:30 a.m. Monday, the CHP said.
Former Private Investigator Testifies To Setting Up Dirty DUI Arrests
Former private investigator Christopher Butler, wearing red jail garb, matter-of-factly told a federal jury in San Francisco Monday about how he set up drunken driving stings and carried out an array of other crimes.
Butler, 52, of Concord, testified at the trial of former Contra Costa County Sheriff's Deputy Stephen Tanabe, 50, of Alamo.
Tanabe is accused of conspiracy, extortion and wire fraud for his role in aiding Butler by allegedly arranging the arrests of three men in stings in Danville in 2010 and 2011.
The arrests were known as "dirty DUIs" because the men, who were husbands of Butler's female clients in divorce cases, were allegedly enticed by Butler employees to become intoxicated at Danville bars and then arrested after Butler alerted Tanabe the men were driving away.
"Mr. Tanabe promised me he would perform all the DUI stops I would ever want if he could have a Glock firearm," Butler told the jury in the court of U.S. District Judge Charles Breyer.
Butler testified he paid Tanabe with a Glock handgun for making two arrests on Jan. 9 and 14, 2011, and gave him $200 worth of cocaine for summoning a fellow officer to make an earlier arrest on Nov. 2, 2010.
He said Tanabe collected the cocaine a few days later by driving his patrol car closely past Butler's moving car in a parking lot.
"I reached out the window and handed him the baggie," Butler told the jury.
Butler was one of two masterminds, along with former state narcotics squad commander Norman Wielsch, of a wide-ranging police corruption scandal in Contra Costa County.
He pleaded guilty last year to seven federal charges, including conspiring to sell methamphetamine and marijuana Wielsch stole from evidence lockers; violating the civil rights of a teenager and prostitutes in fake arrests; extorting protection money from workers in a massage parlor he and Wielsch established; and illegal wiretapping.
Butler was sentenced to eight years in prison and as part of his plea bargain agreed to aid in the prosecution of Wielsch, Tanabe and others.
Wielsch, the former commander of the now-disbanded Central Contra Costa County Narcotics Enforcement Team, pleaded later in 2012 to five charges and was sentenced to 14 years in prison.
Tanabe is accused only in connection with three DUI arrests.
He is the only person in the scandal to go to trial thus far, with the result that Butler's appearance Monday was his first public testimony in any of the cases other than statements during his guilty plea.
The formerly hirsute Butler, who now appears fully bald as result of being partly bald and shaving the remainder of his hair, wore black-rimmed glasses and red Alameda County Jail clothing on the stand.
Under questioning from prosecutor Hartley West, he acknowledged that his eight-year sentence was already decreased from a mandatory 10-year minimum in exchange for his cooperation and could be reduced further if he testifies truthfully.
Defense attorney Tim Pori, who will cross-examine Butler tomorrow, charged during his opening statement last week that Butler is a "prolific con man" and "master manipulator" who has an incentive to incriminate Tanabe to obtain a sentence reduction.
Pori maintained that Tanabe was carrying out his duties in arranging the arrests and that there is no proof he received a gun and cocaine in payment.
Tanabe faces one count of conspiring to deprive others of honest services, three counts of wire fraud and three counts of extortion related to the alleged payments.
The wire fraud charges refer to text messages he and Butler allegedly exchanged the evenings of the arrests.
Weather Forecast For The San Francisco Bay Area
Partly cloudy skies and patchy fog are expected in the Bay Area this morning.
Highs are likely to be in the 60s to lower 70s, with winds up to 20 mph.
Mostly clear skies are expected this evening, then becoming mostly cloudy with patchy fog after midnight.
Lows are likely to be in the upper 50s, with westerly winds up to 20 mph.
Cloudy skies and patchy fog are likely Wednesday morning.
Highs are expected to be in the 60s to lower 70s, with westerly winds up to 20 mph.
Check out some of our most popular blogs:
We Built a Stronger SF Economy on Smart Government Investments
The BART That Could Have Been
Run For Your Life! (For Fun)
Love Muni, Hate Muni or Somewhere in Between? Let the SFMTA Know!