Prosecutors can use evidence uncovered through an inspection of more than 800 patient records in the molestation trial of former child psychiatrist Dr. William Ayres, a judge ruled Monday, despite his attorney’s contention the search warrant was an invasion of doctor-patient confidentiality.

Ayres, 75, is accused of fondling dozens of former male patients under the guise of conducting medical examinations. He is charged with 20 felonies stemming from seven alleged victims but prosecutors maintain there are a number of others who fall outside the statute of limitations.

In his decision, Runde added although he denied the motion it could be revisited during the criminal trial.

Outside the courtroom, defense attorney Doran Weinberg vowed to appeal the ruling.

Weinberg had argued law enforcement had no proof of probable cause when they obtained a search warrant for Ayres’ home and office and a subsequent warrant for the doctor’s storage locker.

The request was “stale” at the time because so much time had passed between then and the last allegation against the doctor, Weinberg said.

The search, which resulted in approximately 600 of the 800 patients being contacted and questioned in hopes of locating victims, only turned up one possibility and needlessly caused the others mental anguish by violating their right to privacy, Weinberg said.

After nearly three hours of argument, Runde sided with prosecutor Melissa McKowan that probable cause existed to issue a warrant. Runde also ruled that the search didn’t violate state or federal constitutional rights to privacy.

A primary problem, Weinberg said, is that the warrant should list specific evidentiary items it seeks rather than general listing like patient files.

“Names and contact information of patients are not evidence of a crime,” Weinberg said.

McKowan conceded the files were never going to state something as blatant as “I molested John Doe,” but said the records can be used to discount Ayres’ previous testimony that he conducted medical tests of the alleged victims as part of his psychiatric practice.

The files show no reference to those tests, McKowan said — proof perhaps that they were not in fact standard procedure.

During the hearing, Ayres sat quietly with his eyes often downcast. He made no comments during or after the hearing and Weinberg said he is doing well considering.

Ayres is currently set for a pretrial conference Jan. 15 followed by a March 10 jury trial but both days could be thrown into question by Weinberg’s appeal of the search warrant ruling.

 Weinberg also plans motions challenging evidence introduced at the preliminary hearing in August.

During the day-long hearing, officers went one by one through some of his former patients, detailing their ages, the time they saw Ayres and various recollections about their appointments and why they didn’t tell anyone about being asked to stand naked or being touched inappropriately.

Accusations against Ayres have swirled since a former patient accused him of child abuse in 2003. Ayres settled the case in 2005 for an undisclosed sum and he was never charged criminally until the March 2006 search of his home and storage locker turned up 800 patient names.

After investigators spent months phoning those individuals, police arrested Ayres April 5 on suspicion of fondling three former patients — ages 9, 11 and 12 between 1991 and 1996.

That search, and its subsequent role in the case, was the focus of Monday’s hearing.

According to Weinberg, the warrant not only posed a constitutional violation but was rife with errors. He implied San Mateo police Capt. Mike Callagy lied to the court to obtain the warrant, including misrepresenting Ayres as still occupying his San Mateo office a year after he stopped paying rent.

Weinberg also argued the warrant was too broad and came too late because there is no sign the doctor might be offending at the time it was signed.

A forensic psychiatrist reportedly told authorities Ayres could still have the impulse to molest but has since recanted, Weinberg said.

Runde refused to let Weinberg call the doctor as a witness but said his statements were not necessary to meet the probable cause threshold.

 Based on the statute of limitations, Ayres can only be charged for crimes involving individuals less than 29 years old or occurring after Jan. 1, 1988.

Ayres’ practice included private clients and referrals from both the juvenile justice system and school districts. He also became known as president of the American Academy of Child and Adolescent Psychiatry and for hosting the sex education series, “Time of Your Life.” Ayres received juvenile court referrals up through 2004. San Mateo police first began looking at Ayres in 2002 after a former patient accused him of molestation during the 1970s when he was 13. After a U.S. Supreme Court ruling on the statute of limitations nixed criminal prosecution, the victim and Ayres reached a confidential settlement in July 2005.

Ayres is free from custody on $750,000 cash bail.   

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.