There's been some negotiating going on this morning and the aggravators have changed slightly. What was just presented to the jury in instructions are these three aggravators:
1. The crime committed for or in the expectation of pecuniary gain. What's interesting about this one is that the defendant doesn't need to have collected on his expectations or even that he did get a gain (perhaps coincidentally), the jury must simply be convinced that there was a clear connection between the crime and expectations of pecuniary gain. Pecuniary means something with a money value, dollars or property.
2. That the families of the victims suffered emotional loss. The allegation that the families suffered financial losses has been specifically dropped.
3. That the defendant was in a "unique position of trust" over his victims. This one is most interesting to me and is being fought hard over. The prosecution wants to play audio tapes of James Shore and Kirby Brown as they spoke at the Spiritual Warrior weekend. But the defense is afraid "that's the first thing they'll (jurors) do, play that audio."
James Ray is looking significantly more worried this week than he did during the guilt phase. At every break, there are urgent whispered conferences with his parents--them standing on the gallery side, him standing over the rail inside where are all the action takes place. And well he should look worried. Last week he had high hopes he'd walk out free and confident and on top of the world. This week he knows he's looking at jail time unless his cadre of Beverly Hills attorneys pull a rabbit out of a hat.
The victims section is very full this week, there really isn't an empty seat on this side of the courtroom. Victim impact statements are coming up. Quite a few tribal members are here, too. They are keeping a close watch on what they see as an assault on their religion i. e. James Ray's commercial and distorted use of the sweat lodge concepts and nomenclature.
Dateline techies are manning the courtroom audio/video now. The InSession crew skedaddled after the guilty verdicts.
Please visit the Bookstore tab above to browse Pssst! Going to jail, buying documents, and everything else it takes to get this kind of...
Be sure to visit the Bookstore page ! From deep in my private vault-- for viewers of Scorned! Bridal to Homicidal, 48 Hours, Deadly Wome...
Please visit the Bookstore tab above to browse Pssst! Going to jail, buying documents, and everything else it takes to get this kind o...