Update on the Aggravation Phase--Sweat Lodge

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.

Camille Kimball's books are:

What She Always Wanted

A Sudden Shot

The Mammoth Book of Tough Guys

James Ray is Guilty in Camp Verde

Guilty. Three times. Negligent Homicide.

James Arthur Ray's attorney, Luis Li, grabbed the man's shoulder in a gesture of hope and triumph when the first words were read, "Not guilty."


But that was of the greater charger, Reckless Manslaghter.


A moment later, Li's grasp turned to one of solace as the clerk read out the jury's judgement--
Guilty of Negligent Homicide of Kirby Brown. The pattern repeated itself for the next two names, Liz Neuman and James Shore.

I snapped this photo just after the verdict. Mr. Neuman is in the blue shirt and tie.

The row of loved ones of the dead victims at the front of the courtroom had stood up with their hands clasped, forming a chain of grief and hope, as the jury came into the room.

Afterward, they came outside and faced the media. The man married to Liz Neuman for 23 years, told the assembled reporters and producers that "justice has been served." He had called their children and all were gratified by the verdict. The attorneys are still under a gag order and therefore did not speak to the cameras.

The trial moves into its aggravation phase next week. The jury is still empaneled. Ray is NOT in custody. He remains free on bond until he is sentenced. Or that's how they left it today. Things change--this is court!

Camille Kimball's books are:

What She Always Wanted

A Sudden Shot

The Mammoth Book of Tough Guys

James Ray Waiting for his Verdict

This is the monument that greets if you drive in to Camp Verde, a small town in northern Arizona. If I had a better camera (and photographer) you could see the dramatic bird of prey soaring overhead. This is where "The Secret" motivational speaker James Arthur Ray is on trial for the deaths of three of his "Spiritual Warriors" died in a sweat lodge he was conducting.

Right now the jurors are deliberating and we trial watchers are all loitering in the hallways and benches while they do the tough work of deciding whether this charismatic should be convicted of a crime or if he should walk free.

His parents are here and some other loved ones. They sit on side of the courtroom, behind him. He is not in custody, so he is free to hug them and spend his breaks with them.

I continue to talk to locals when I can, and so many of them mention to me that the people in the sweat lodge had no reason to know the terrain or the importance of water and the sneaky lethal nature of heat.

Some focus on his personality. One cashier said he himself had many years ago had signed up for some EST (not related to or affiliated with James Ray) and had become disgusted with the methods. He said he could relate to people being taken in by a charismatic personality and not knowing what they were getting into.

One lady said when the sweat lodge defense started talking about the wood used in the lodge as the possible culprit, she said, "boy, those lawyers must thing we're stupid around here."

Even though the Casey Anthony trial has dominated the airwaves for the last few weeks, the national media has not abandoned the sweat lodge trial. Major network shows such as Dateline, InSession and others are still here, filling up the back rows and keeping the cameras going. After the dust clears--between Florida and Arizona--expect to see some very good television coming out of these fine producers, reporters and videographers.

Camille Kimball's books are:
What She Always Wanted
A Sudden Shot
The Mammoth Book of Tough Guys

Soaring Rhetoric at the Sweat Lodge Trial

True Crime Author Camille Kimball at the Yavapai County Courthouse for the James Arthur Ray sweat lodge trial. The courthouse vista extends for roughly a hundred miles (look at the far mesa)

James Arthur Ray's lead defense attorney, Luis Li, tried for 2 hard fought days to put a lot of drama into his closing arguments. He held up a fat book, the Arizona Revised Statutes. He stacked documents and exhibits on the railing of the jury box. He stormed out of the courtroom--yes, right past me, and through the noisy double doors behind me--and stalked back in a moment later. He put his hand on the shoulder of earnest looking James Ray. He mocked witnesses, he mocked the prosecutor. He repeated the theme more times than I can count "is this what you want from your government?" in a bold attempt to capitalize on rural political sentiments. He raised his voice in outrage and other times laughed in derision.

Prosecutor Sheila Polk, who still has one more day to argue before the jury, has much less drama in her personality. She doesn’t storm around. Her voice has a pretty narrow range. She lets others do the speaking, though. She plays tapes of the people involved.

We heard 40 year old James Shore, sounding vigorous and keen, tell his fellow participants in Angel Valley that he wanted to “live impeccably.”

Then we saw the details of how he tried to save 38 year old Kirby Brown, calling out for help repeatedly, encouraging her, helping move her and ultimately carrying her out of the sweat lodge. Ms. Polk quietly reminded us that he did all of this while struggling for his own life, a struggle which he lost.

We also heard on audio James Ray’s commanding voice telling his followers (the defense prefers the term “customers”). “I am Alpha and Omega!” He admonished them to “live for others.”

Yet when James Shore was beseeching Ray for help inside the sweat lodge, Ray repeatedly said things like, “they’ll be fine,” “they’re where they need to be,” “door is closed--we’ll deal with it next round.” But Ray never did "deal" with the unconscious, unbreathing people. He asked for more hot rocks, more steam and began new rounds. When James Shore was making his last attempt to survive, lifting the tent flap for air, Ray chastised him and Shore let go. By then, Shore was in such a weakened condition that that brief moment when he let the light in became the last sunshine he ever saw.

As the sweat lodge ended, Ray took a fine seat in a lawn chair in the shade while mayhem broke out amongst his followers (customers), his Dream Team and even employees of the Angel Valley Lodge.

He helped no one. He dragged no one out. He offered no water. He did not give up his chair. He did not do CPR. He did not call 9-1-1. He was even reluctant to have the sweat lodge disturbed when told people were passed out inside. One of those was the mortally weakened James Shore, father of three.

“James Shore wanted to live impeccably,” Sheila Polk reminded us. “The student surpassed the teacher.”

The jury is made up of local Yavapai County residents. I wanted to know how these contrasting types of arguments would fall on local ears. I went into the mini-mart down the road from the courthouse. At the counter I asked the cashier if he had been following the sweat lodge trial.

“Yes,” he told me, "I have."

He had lived in the Verde Valley for 15 years, long enough to think like a native.

“If I were on that jury? I’d vote guilty,” he said. “Ray knew they were exhausted and weak. He knew what he was doing.”

I don’t predict juries. But the cashier’s response is pretty telling. Look at this landscape. I’m standing a few feet from the courthouse. If I turn the camera around, there it is, the courtroom where James Ray is fighting for his right to stay in the daylight. The room is just through that glass, on the upper story.


This is not Beverly Hills. In this stark country, folks know you can’t deprive inexperienced tourists of food and sleep and then expect them to defy authority and save themselves from searing heat. Out here, they know that heat kills. Gynecologists from Alaska and ER docs from Indiana*, medical school notwithstanding, can't be expected to have heat stroke top of mind the way the natives do. As the cashier said, “I’ve lived here 15 years and I know how I’d vote.”

Closing arguments continue next week. Then it will only be a matter of time before we found out how the real jury feels about it.

*Two of the sweat lodge participants and witnesses at the trial.

Camille Kimball's books are:
What She Always Wanted
A Sudden Shot
The Mammoth Book of Tough Guys