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Showing posts with label James Arthur Ray. Show all posts
Showing posts with label James Arthur Ray. Show all posts

Friday, March 30, 2012

Can James Arthur Ray Read or Not?

Bestselling author can read, says State of Arizona
James Arthur Ray, formerly a guest of Oprah and Larry King, is now a guest of the State of Arizona after having been conviced of three counts of Negligent Homicide. These three deaths occurred when Ray, a star child of  “The Secret” movement, conducted a sweat-lodge-as-endurance-test near Sedona.

A questioner writes in about Ray’s literacy status.  So I asked the Department of Corrections to clarify Ray’s literacy status. I’m grateful to Bill Lamoreaux of DOC for providing this very prompt answer.

Lamoreaux writes to me:


    “This inmate has taken the standard Test of Adult Basic Education (TABE) that all new inmates must take in order to determine if they meet the state statute-mandated 8th grade level of functional literacy. This inmate has met this standard.”

Ray’s  prison records also show certain ratings marked by his “work assignment” in Functional Literacy. There are two Ns and an S. At the end of December, his first month in prison, an N. At the end of January, an S. The end of February brought him another N.

Lamoreaux explains what those codes mean:
   
    “As for the ‘N’ and ‘S’, those are more commonly used as a performance rating on work assignments. ADC policy #903 defines the codes:


    1.5 Evaluation Ratings - the following disignators shall be used to identify an inmate’s performance.


    1.5.2 Satisfactory (S) - An inmate’s performance, attendance and attitude meets average expectations for the Work or Self Improvement program assignment. If one of the components (performance, attendance, or attitude) is deficient while the others are considered average or beyond average, the rating may be considered Satisfactory.  If an inmate’s attendance is deficient based on verified medical or mental health issues and there are no other deficiencies in performance or attitude, the inmate shall be considered satisfactory.


    1.5. None (N) - An inmate was assigned to, but as not in attendance in the work or program assignment for any portion of the assigned period (e.g., medical lay-in, temporary absent, etc.)”

So Ray got two “Ns” and “S” in his Functional Literacy assignment. It may be interesting to those who followed this case that he did have the opportunity to earn an “E.”

E stands for “Exceeds.” It is awarded to an inmate when performance, attendance and attitude all shoot past average expectations for the assignment.

Mr. “Play Full On!” has not yet earned any Es that we know of.

But then, he hasn’t earned any Us either.

“U” stands for “Unsatisfactory.”  Two or more of the three evaluation areas fall below expectations? Slap a U on it.  If just one of the three falls so low that it “overwhelms the others” (which may still be in good standing).

So now we know two things:
1) James Arthur Ray has already met his state mandated Functinal Literacy requirements
2) James Arthur Ray is an average performer in prison.

Thanks much for asking. If I get further details, I will post them.


Pssst! 

Going to jail, buying documents, and everything else it takes to get this kind of info for the blog takes time and money! 

Every time you make a purchase here, it helps me be able to do more for you! 




Thoughts on this or any article at this site? To the next person whose comment I use for a post I will send a free signed book!  (If you post as "anonymous" for convenience, try to include an identifying website or name in your remark so no one else can claim your prize!)  For an example, please click here.

Tuesday, March 27, 2012

How James Arthur Ray is Getting Along in Prison

ADD: After you read this post, click here for some interesting updated official information.


Lewis -- Arizona State Prison
Adjusting to prison can't be easy. James Arthur Ray had been in the state system for less than 3 months when he was found guilty of a disciplinary infraction. Seems he failed to show up for a head count in late February. The exact infraction is:
 "Disrupting an Institution Count and/or Being Out of Place - Disrupting an institution count by purposely interfering with staff, or failing to be in an assigned bed or location for count; failing to be in an assigned area; being out of place in an unauthorized area."
James Arthur Ray attends his bond hearing in Camp Verde, Arizona on February 23, 2010. (AP Photo/Jack Kurtz, Pool)Ray apparently saw the incident differently than the prison staff did. Records show he appealed the citation.

But he lost.  

"Disrupting count" is considered by the prison to be a Class B infraction. It is punishable by a loss of privileges or extra duty, and so forth.  It can also affect time served by days. If you get 3 Class B infractions, it equals a Class A infraction, which carries more serious penalties.

The former star of The Secret and Harmonic Wealth currently has a work assignment behind bars. Looks like he's teaching other prisoners to read in the "Functional Literacy" program.

His current release date is showing 10/25/13.

Convicted on 3 counts of Negligent Homicide, Ray will be serving a total of 2 years. For more on his sentence click here. You may also be interested in this post.  For more, click on the "James Arthur Ray" tag below or at left to peruse many different posts and comment discussions on this trial.


Pssst! 

Going to jail, buying documents, and everything else it takes to get this kind of info for the blog takes time and money! 

Every time you make a purchase here, it helps me be able to do more for you! 

Thoughts on this or any article at this site? To the next person whose comment I use for a post I will send a free signed book!  (If you post as "anonymous" for convenience, try to include an identifying website or name in your remark so no one else can claim your prize!)  For an example, please click here.

Sunday, November 27, 2011

James Ray's New Look


Inmate 267823 J RAY Image
James Arthur Ray in the Arizona Prison System


James Arthur Ray is no longer in Yavapai County, the charming mountain hideaway where he was sentenced and taken into custody on November 18, 2011.  He now seems to be in urban Phoenix at what's known as the Alhambra Reception Center. This is a clearinghouse unit for the Arizona Department of Corrections. All adult males are taken here for approximately a week before getting their ultimate assignment. Ray will go through health and mental evaluations and his case will be reviewed. After they've had a look at him, he will be assigned to a permanent, or a two-year rather, location based on his offense and his security risk. 


The Alhambra unit is on the grounds of the Arizona State Hospital, which is located on major thoroughfares in town. If you've ever driven out of Phoenix Sky Harbor Airport in ground transportation, there is a good chance you've gone right by it.  The hospital is not for appendectomies and high fevers. It is a place to which people are committed by a judge and they cannot leave. Often, if they had not been deemed too disturbed to care for themselves, they would have been sentenced to an outright prison for criminal acts. There is even a courtroom right on the grounds, which saves everybody the hassle and risk of transporting very disturbed individuals to the regular court complex a couple miles away.  As a reporter, I've been on the grounds visiting, I cannot remember why, sex offenders. I may have forgotten the story but I have not forgotten the place. I don't believe Mr. Ray will enjoy it there. 


Ray was wearing a white dress shirt, dark jacket and dress slacks last time I saw him. He's wearing prison orange now. That's his new inmate photo above. 


One more little word, in discussions here and there, I have often seen references to Ray possibly ending up in a "Sheriff Joe" jail. This is not likely and that is why you see him in orange, not the famous black and white stripes of Maricopa County Jail. Joe Arpaio only administers county jails for Maricopa County. Ray's case took place in Yavapai County and from there is transferred into the State system. Ray really has no connection to the Maricopa County system at this point and is not likely to end up in one of "Joe's" jails.


(click on a title below to buy)
Camille Kimball's books:
                 **A Sudden Shot** as seen on TV!
Coming soon: Masters of True Crime-Chilling Stories of Murder and the Macabre

Thoughts on this or any article at this site? To the next person whose comment I use for a post I will send a free signed book!  (If you post as "anonymous" for convenience, try to include an identifying website or name in your remark so no one else can claim your prize!)  For an example, please click here. 

Sunday, November 20, 2011

Sweat Lodge, James Ray Discussion on KTAR Tonight

ADD: Blogger is chopping off words. Although they appear properly in 'edit' mode, some have disappeared behind the pic of Ray with Larry King. It is supposed to say "By the time of the sweat lodge deaths, Ray was a bona fide celebrity in his industry and well known outside it." Ray was NOT outside the sweat lodge at the time of the deaths--that's why he's in prison now. But blogger is doing some weird formatting conjuring and it appears I cannot fix it. 

Camille, Jay and a big microphone in the KTAR studios
Anxious to share your feelings or ask some questions about the jail sentence just handed down for motivational speaker, James Arthur Ray?  KTAR's Jay Lawrence has invited me into the studio tonight and we welcome your calls. That's Sunday night, November 20, 2011. Jay's show usually starts at 7 pm sharp, but this afternoon KTAR is carrying the Giants vs. Cardinals football game. No one, not even if you have a Secret, can predict exactly when an NFL game will end, so it's impossible to say exactly when Jay's show will start tonight, it might be as late as 7:30 or beyond.

marshWhenever we do start, we will devote the first hour to the horrible story of 3 people who died in a Sedona sweat lodge in 2009 and the man who was held criminally responsible for those deaths, James Ray.

http://www.issues.cc/uploads/38281153341.jpg
Ray shot to prominence by his appearance in the "New Age" philosophy film, The Secret, and appearances on Oprah and Larry King and with his book, Harmonic Wealth.  By the time of the sweat lodge deaths, Ray was a bona fide celebrity in his industry and well-known a bona fide celebrity in his industry and well-known outside it. But a small town detective and prosecutor brought down his empire. He left the Yavapai County courthouse in the historic Prescott town square in handcuffs and he is now taking his meals on a metal tray with a tin cup. Well, it's probably a fiberglass tray and plastic cup, but it's hard not to fall into frontier lingo when speaking about Prescott. 

KTAR is 92.3 on the FM dial. It streams live on the internet if you are outside Arizona, and many people interested in this story are. Jay will let you know when it's time to call in.

Later in the evening, Jay and I will take on the other stories of this action packed week. See Jay's KTAR page or his FB page for what's on his mind. Hey, I'm just the passenger, he's driving the thing, let's see where he takes me!  

Hope to hear from you tonight!

GO TO THE KTAR HOME PAGE. TO THE LEFT OF THE RED KTAR LOGO AT TOP CENTER IS A LITTLE BLUE ARROW, JUST 1/4 INCH AWAY. CLICK THAT, A SEPARATE WINDOW OPENS AND VOILA YOU WILL BE STREAMING. CLICK ON 92.3 FM NOT 620 AM.  (it doesn't seem to form a separate link or I would have put it here. it probably does but i'm not techsavvy enough to figure it out)

P.S. Watch me and the rest of the people from the Dale Hausner serial killer case on TV tomorrow morning (Monday). The show is called Wicked Attraction and airs on the Investigation Discovery Channel. 


(click on a title below to buy)
Camille Kimball's books:
**A Sudden Shot** as seen on TV!
Coming soon: Masters of True Crime-Chilling Stories of Murder and the Macabre

Thoughts on this or any article at this site? To the next person whose comment I use for a post I will send a free signed book!  (If you post as "anonymous" for convenience, try to include an identifying website or name in your remark so no one else can claim your prize!)  For an example, please click here. 

Friday, November 18, 2011

James Arthur Ray was Sentenced Today--Come Inside

Author Camille Kimball the day of James Ray sentencing, where she tweeted. 

After an emotionally exhausting morning of tears, a pounding fist and careful legal explanations, sweat lodge guru James Arthur Ray was sentenced to 3 2-year prison sentences, one each for the deaths of Kirby Brown, James Shore, and Liz Neuman.  However, the sentences will be served concurrently. This means instead of a total of 6 years, it will be 2 years behind bars for Ray. Additionally, there are complicated formulas involving time served etc. which will further reduce the actual prison time.

Self-help guru James Ray after his sentencing over sweat lodge deaths
James Ray during a break just before receiving a prison sentence

After Ray is released from prison, he will then serve a separate period of probation. He is also charged a $20k fine by Judge Darrow. On Thursday (yesterday), defense and prosecution attorneys worked out a $57k restitution assessment. Judge Darrow confirmed that amount, which is in addition to the $20k fine.

After weeping profusely to the court and to the victim's families a few minutes before, Ray did not seem to have a pronounced reaction to the news that he would be taken into a Yavapai County jail. He had his back to the gallery, though. We could not see his face.

Ray was immediately led out of the courtroom by the bailiff. He went out the back door this time and for the first time since this trial began, was all alone, with no attorney at his side. Behind the closed door, Ray was handed over to 2 deputies.  Sometime later, as a few of us, including Proseutor Sheila Polk, were still in the upstairs lobby, Ray was led out by Case Detective Ross Diskin and another armed deputy. Ray had his hands in front of him, and a suit coat thrown over them. Presumably, this jacket was to hide his handcuffs.

The courtroom is a beautiful and historic one,  befitting Prescott's wild west heritage, but the acoustics in the room were very difficult. In the above picture, you can see me in my seat, first row of the gallery slightly oriented to the right behind the defense table. The bailiff placed us closer to the wall because he had kindly provided us an electrical strip so we could all plug in our computers. But even as close as we were, often words were lost, as voices drifted up to the high ceilings and speakers faced away from the gallery.

Ray courtroom, just moments before John Ray had been sitting in front chair to right, brother James in middle chair past rail. 
To my immediate left was the Ray family--Gordon Ray, Joyce Ray and John Ray--the defendant's father, mother and brother, respectively. They all cried as James Ray addressed the court, asked victims for forgiveness, asked the judge for probation, and apologized directly to his own family.  As the Rays waited for Judge Darrow to pronounce sentence, John Ray held Joyce's left hand while she placed her right on her husband's knee, where he kept his own touching hers. Although James Ray looked around as he mad his brief walk across it, none of the Ray family was present in the second floor lobby to see him led out, deputies' hands on him, with his cuffed hands discreetly covered by his jacket.

I put up these photos because the pool cameras were restricted to the back of the room and I know many would like to get a better feel for the setup. Not being a pool photog, my camera couldn't be used until the courtroom had cleared. 


Pssst! 

Going to jail, buying documents, and everything else it takes to get this kind of info for the blog takes time and money! 

Every time you make a purchase here, it helps me be able to do more for you! 



Thoughts on this or any article at this site? To the next person whose comment I use for a post I will send a free signed book!  (If you post as "anonymous" for convenience, try to include an identifying website or name in your remark so no one else can claim your prize!)  For an example, please click here. 

James Ray Sentence is....

Sentence for James Ray is 2 years for Kirby, 2 for Liz, 2 for James.  CONCURRENT 

ADD: I'm sorry for the craziness of this post. Twitter (still learning all things twit) locked me out the exact moment James Ray was to be sentenced. So I came here and started taking notes as Judge Darrow spoke. But I wanted to post the sentence IMMEDIATELY. You never knew which moment he would pronounce the magic numbers so I just kept at it. I'm leaving up these disjointed notes below, because I think you'd rather have me spend the time putting up a real post. That's coming very soon. Please check back later today. Also, check out the other JAR posts on this site, a lot of explaining about "mitigation" etc. is here. I know it might be done differently in your state and some of this lengthy procedure is confusing.  Thanks for stopping by.




The evidence showed Mr. Ray as misguided as he was believed that he was helping people, says Judge Darrow.

The participants knew the difference between therapists and motivational speakers.

Evidence shows extreme negligence by Ray. When you have suffering and extreme heat, it was not compeltel in my mind simple how they died.

How did smart people ignore common sense?  Doctors, dentists...

What happened on oct had never happened befroe. what had occureed a number of



State has
Mr. Ray did intend to help people, he did.


Tuesday, November 8, 2011

Prescott Quickie--James Arthur Ray

Hi from the courthouse steps in historic downtown Prescott!
The James Arthur Ray trial has moved from Camp Verde to this building, which is the most famous spot in town. Contrast to Camp Verde's wilderness courthouse. All different, including the space for the lawyers!



Wearing sunglasses that make me look like a giant insect from The Creature that Ate Philadelphia!


click on a title below to buy)
Camille Kimball's books:
**A Sudden Shot** as seen on TV!
Coming soon: Masters of True Crime-Chilling Stories of Murder and the Macabre

Thoughts on this or any article at this site? To the next person whose comment I use for a post I will send a free signed book!  (If you post as "anonymous" for convenience, try to include an identifying website or name in your remark so no one else can claim your prize!)  For an example, please click here. 

James Ray Pre-Sentence Hearing on Now

Please follow me on twitter. I am in the courtroom right now! @CamilleKimball


Thanks!




click on a title below to buy)
Camille Kimball's books:
**A Sudden Shot** as seen on TV!
Coming soon: Masters of True Crime-Chilling Stories of Murder and the Macabre

Thoughts on this or any article at this site? To the next person whose comment I use for a post I will send a free signed book!  (If you post as "anonymous" for convenience, try to include an identifying website or name in your remark so no one else can claim your prize!)  For an example, please click here. 

Monday, November 7, 2011

Sweat Lodge Trial--Sentencing Finally Begins

Authentic sweat lodge on the Navajo Reservation: approximately waist-high, seats 3 -4 
In the interest of further sourcing: this photo taken by Camille Kimball Nov 2011 in Kayenta, Navajo Nation
I do not know the name of any ceremony performed in the Navajo lands. I am no scholar of this or any tribe.  The official description of this particular sweat lodge's uses is mounted just to the left of this photo frame. Seemed a good source, being maintained by a prominent Navajo town.  If anyone is convinced something is wrong with it, I will dig deeper and contact town authorities for an answer.


James Arthur Ray begins the last phase of his trial tomorrow (Tues. Nov 8.) This long 3-part process has been very confusing to the many people interested in this case. Every state's courts are set up a little differently (f'rinstance, I'll never get used to NY having trial courts that are known as "Supreme"). In Arizona, we have:
1. The Guilt Phase  You might also think of this is as the "guilty or not guilty" phase. This is the Big Kahuna of the process, where a jury decides guilt or innocence, witnesses testify and evidence is held to a very strict standard. 
James Arthur Ray lost this particular phase. He was judged Guilty of three counts of Negligent Homicide in the sweat lodge deaths of Kirby Brown, James Shore, and Liz Neuman.
2. The Aggravation Phase  In this phase, the jury is still present. The prosecutor argues, with witnesses, for certain specific aggravators. If the jury agrees with her (in this case, Sheila Polk), James Ray is eligible for a harsher sentence.
James Ray got a mixed decision in this one. Jurors found for one aggravator each in two of the deaths. They also found a second aggravator in one of the deaths (Liz Neuman).  However, Judge Darrow threw out that second aggravator. 
3. The Mitigation Phase  This is what begins November 8.  The jury has already been dismissed. This proceeding will be played out to persuade the audience of one, Judge Darrow. Think of this as the opposite of the aggravation phase. The defense tries to show factors that prove Ray should get a lighter sentence. One very strong one in his favor, that is always given much weight by judges, is the lack of prior convictions.  The catch is, the standard of evidence is much more lax in this phase and prosecution will have the opportunity to talk about prior incidents of illness and recklessness at previous James Ray events as well as his ongoing (as in right this minute) efforts to market questionable self-help products.  A big display of remorse usually helps in this phase, and it will be interesting to see if Ray speaks directly to the judge and how convincing he can be.
3a.  Actual Sentencing I could give this its own full number, but in this case it happens adjacent to the mitigation hearing and it might be useful to link it. We will finally find out exactly what Judge Warren Darrow thinks of James Ray on November 18. He has given himself the long weekend after the several-day hearing to weigh the opposing arguments and calculate a sentence.  If we're lucky, Judge Darrow will make something of a speech before he pronounces the sentence. This is always one of the most dramatic moments in a trial, with the defendant standing, often glaring, at the man in the black robe. This is the moment when Ray will have no lawyer shielding him.  Judges, however, don't always make a speech revealing their thoughts. Sometimes they let the sentence speak for them. I always hope for the speech. 
Something you may have seen referred to is a "Pre-sentence report."  This is always a fascinating document and is prepared by a probation officer who meets with the defendant and possibly also includes a psychiatric report. The p.o. makes recommendation to the judge based on a professional assessment of the defendant's attitude, remorse, social or functional deficits (literacy? ADD? etc.), substance or alcohol issues, psychiatric needs (medications? etc.). In this case the p.o. is using words like "reckless," which does not bode well for a super-lenient sentence.

What to expect this week? Gut-wrenching testimony by the prosecutor's witnesses, devoted and enthusiastic testimony by the defense's. And TONS of bickering amongst the lawyers. This case is truly remarkable for lawyers who cannot let 5 minutes go by without somebody objecting to something.

You've seen the pictures of the actual sweat lodge where three seekers of enlightenment suffocated in October 2009.   I wanted to post the above recent photo I took of a sweat lodge built by Navajo hands on the Navajo reservation.  The official display plaque clearly states the lodge is used for cleansing because water is such a scarce resource or for muscle relaxation after a hard day. You are supposed to feel better when you emerge, not sick, not vomiting, not delirious. It is NEVER used for an endurance test. At NO time would the tribe cram people in neck-to-neck. As you can see, the scale of their sweat lodge is for a small party of friends or family, never 5 dozen.

The photo did not have enough resolution to show you who was inside the lodge at the time I snapped it. A medium-sized dog had taken refuge from the snow. With her inside, 2 or 3 human adults might comfortably join her.  She was the picture of cozy content, showing just what the lodge is supposed to be, a refuge from the elements such as grime and hard labor, not an oven of machismo and commerce.

click on a title below to buy)
Camille Kimball's books:
**A Sudden Shot** as seen on TV!
Coming soon: Masters of True Crime-Chilling Stories of Murder and the Macabre

Thoughts on this or any article at this site? To the next person whose comment I use for a post I will send a free signed book!  (If you post as "anonymous" for convenience, try to include an identifying website or name in your remark so no one else can claim your prize!)  For an example, please click here.

Thursday, October 27, 2011

James Ray Sentencing Still Ahead, Sweat Lodge Still on our Minds

Questioner: I'm interested in this because what his book talks about is very good. Very real and very high minded. Seriously. I've never met the guy, am not a "new agey, self help" guy either. The stuff he teaches actually really worked. I found that it really enriched my life. There is nothing wrong with seminar leaders charging such amounts for what they do because that's what the market will bear. He isn't the only one charging that..not by a long shot. The reason they do is because people find value in it and will attend. I agree he f**ked up bigtime. I also know he could be a prick. He should own up to what he actually did and didn't do. But I've see a witch hunt mentality since the beginning of this case. Are people just trying to nab this guy to make an example? Thoughts?


Camille's answer: There is nothing wrong with charging "what the market will bear." There is something wrong with fraudulently portraying what services you will be providing. It's been heavily reported elsewhere that Mr. Ray's claims of having studied with various masters of spiritual traditions is bunk wrapped up in exaggeration. So I won't go into these details here except to say that people were being charged for an Ivy League education while getting a diploma mill curriculum and we generally call that fraud.


But it enriched your life, you say? I accept that without any challenge whatsoever. The mind can be trained, like water running down a mountain, to follow certain channels. There's research on that. If you taught your brain to default towards confidence and positive attitude, instead of fear and pessimism, I have no doubt you felt better and achieved more of your goals.  There's no need to go into the nuances of your particular spiritual path here, I accept that it worked for you. (But you could have learned this in any number of ways, including, apparently, getting a job at AT&T.  A company, which by the way, notoriously lost one of the biggest anti-trust cases in history and I can assure you there were legions of executives and stockholders who were earnestly manifesting victory in that case. Apparently the universe was perversely resistant to the principle of "harmonic wealth" until Mr. Ray started teaching sales seminars there.)

But inspiration can come from anywhere. The dance troupe Stomp found it in brooms and trash cans, Victor Hugo found it in the cathedral of Notre Dame, and you found it in Mr. Ray's writings. I sincerely respect that. I respect the journey of all the people who were looking for some kind of truth. Being a seeker is something genuine and high-minded, just as you say, and I applaud the soul reaching out.

But what's very troubling is Mr. Ray's misrepresentation of the physical consequences of his sweat lodge. He told tourists--and that's what they were, tourists--that they would "feel" like they were dying but assured them they "would not die." Using the psychological trick of charging $10,000, Mr. Ray knew people would trust that he knew what he was talking about. Mr. Ray made them dependent on his leadership by using many other psychological tricks including disorientation, undernutrition, sleep deprivation, etc. etc. etc.

I say they were "tourists" because most if not all had travelled from different parts of the country into unfamiliar terrain with little to no experience with desert conditions. Mr. Ray functioned as a tour operator, guiding them through a spiritual journey that took place in a very corporal environment.

When weakened people entering delirium reached under the tent flap for oxygen from the fresh and beautiful outdoors, Mr. Ray thundered, "that's sacrilege!" and demanded the flap be put back in place, sealing out the life-giving air.  How do you suppose a medically delirious person, pre-conditioned to trust and please him, would interpret such a statement? How does it sound to sober ears such as yours and mine when we realize Mr. Ray himself was receiving regular infusions of fresh oxygen by standing at the door flap?  That the back of the lodge, where Kirby Brown and James Shore died, was significantly hotter and more suffocating than any other spot in the cramped tent? That he told a man to urinate where he was, apparently upon himself, rather than commit the spiritual faux pas of leaving the lodge?

Investigators look over a 'sweat lodge' on the grounds of Angel Valley Retreat Center, near Sedona, Arizona
Over 50 people crammed into this small space, after being assured they wouldn't die.


A common mantra is that Ray was running a business and can't be held responsible for the bad judgment of his customers. But we do that all the time. Would a bungee operator tell his customers "you'll feel like the rope is flimsy but just jump anyway" and expect not to be indicted when people crash head first into an abyss? Does no one remember the terrible night club fire in Rhode Island when the band Great White put on a disastrous pyrotechnic display? The band manager and the two club owners each received 10 - 15 year prison sentences. At least none of them tried to thwart rescue and assistance efforts as Ray did.

Was there a "witch hunt mentality" that dogged Mr. Ray after the sweat lodge deaths?  I have seen no evidence of this. It took four months to indict Mr. Ray. Surveying the briefest of facts about the event it might be easy to wave the "he didn't force them inside" banner. Thankfully, the investigation went much much further than a brief survey. As more and more details were discovered, the narrative of that day became one of a man who gathered lives into his hands and then tossed them away.

The thing is, heat is a lethal weapon. No matter what harmony someone's soul is singing, the universe has laws that cannot be controverted. Heat kills humans. Lack of oxygen kills humans.

These tourists had no way of judging how much heat was being trapped inside the tarpaulins and willow struts. Many of them were becoming medically incapable of understanding oxygen had sunk to lethal levels.  The "spiritual warriors," with their trusted leader watching over them, had already been pushed into an abyss. For three, there was no way to haul them back out.

Finally, you ask if Ray is supposed to be an "example" to others? I certainly hope so. I do indeed.

What does everyone else think? You are invited to post below. 

Thanks to the commenter who posted this thoughtful input. It gives me an idea. To the next person whose comment I use for a post I will send a free signed book!  (If you post as "anonymous" for convenience, try to include an identifying website or name in your remark so no one else can claim your prize!)

 The comment function should be working, but if it "eats" yours, please send me your comment at: a s u d d e n s h o t (at) gmail dot com and I will gladly post it for you. 


Camille Kimball's books:
The Mammoth Book of Tough Guys
Coming soon: Masters of True Crime-Chilling Stories of Murder and the Macabre


Friday, October 7, 2011

New Sentencing Date for James Ray



Author Camille Kimball at the sweat lodge trial, Yavapai County Courthouse
Judge Warren Darrow has just named the new sentencing date for sweat lodge "guru" James Arthur Ray from the Secret.  The date Ray finds out if he will get probation or 9 years in prison.. or something in between..will be November 18.

That is the date for actual sentencing.  The mitigation hearing, wherein witnesses take the stand to alternately describe good experiences with James Ray (defense) and bad experiences with him (prosecution), starts a week earlier.  For more about this procedure, please click on the tags in the cloud below left or directly below this post.


Camille Kimball's books:
The Mammoth Book of Tough Guys
Coming soon: Masters of True Crime-Chilling Stories of Murder and the Macabre

Wednesday, September 21, 2011

Why James Ray Mit. Hearing Stopped--Tom Kelly Situation

Arizona Attorney Tom Kelly, center. California Attorney Truc Do, barely visible
 Defendant James Ray, foreground


Don't you love it when an email begins, "Camille, I'm afraid you are wrong on this one?"  In this case, the email comes from acclaimed Arizona criminal defense attorney Michael Kimerer and he has, in the most gracious way possible, set me straight. In answer to a commenter's question about why the sudden illness of James Ray's Arizona attorney, Tom Kelly, should cause the whole mitigation hearing to collapse, Kimerer says it really isn't about needing the presence of a member of the Arizona Bar, as long as the paperwork is in order:
It is true that an attorney licensed in another State who wants to handle a case in Arizona must associate local counsel through a Pro Hac Vice Petition, which has specific requirements including a Certification of Good Standing from the State where the attorney is licensed. Once that is approved the out of state attorney may act independently and there is no requirement that local counsel must be present at all proceedings. 
[emphasis added by me]

But it is not that simple. Law never is. But you knew that. Take a breath. Here we go.

First there is the slightly sticky wicket that Tom Kelly, as Arizona counsel, would have taken on the burden to be answerable to Arizona authorities for the actions of the California contingent, whether he was present to keep an eye on them or not:
However, Local Counsel by agreeing to be local counsel is on the ”hook” should the out of state attorney not perform properly or abandon the client. Usually, there is an agreement between the Local Counsel and the Out of State Counsel defining their responsibilities in a particular case.
 So, if your law license or pesky fines are at risk, it might make one a tad nervous to let a gaggle of exuberant out-of-state lawyers run amok in your hometown courtroom.  Then there's that business of the team of lawyers divvying up the chores, or "defining their responsibilities."  That, I suspect, is where most of the answer in this week's turn of events lies. But, as Mr. Kimerer points out, none of us knows "what the agreement was in the Ray case."  Nor will we ever. None of us really cares anyway. But just knowing such an agreement exists, helps us understand why the mitigation hearing was called off when Tom Kelly couldn't show:
Even if lead counsel objects to going forward without Tom Kelly’s presence, the Court has the discretion to require him to proceed. If it is brought to the Court’s attention that Tom Kelly was prepared to handle a particular aspect of the mitigation (and Lead Counsel was unprepared to do so) it might be a good reason to ask for a continuance.
I think that last sentence that is the one I would put my money on. If Luis Li, Truc Do and the rest of the crew were not the ones who'd been studying up on these witnesses and this particular procedure, Darrow could reasonably conclude it would be an insult to justice to leave a defendant at the mercy of lawyers making it up on the fly through no fault of their own.

Some following this trial have expressed suspicion about this turn of events,  fearing delaying tactics. Looks like Judge Darrow was even a bit irritable over it. Seems rather odd, though, unless there's some strategy that would make a delay worthwhile. Even Martha Stewart chose to serve her sentence, getting it out of the way rather than waste more of life in limbo. All I can do here is bring you the analysis of an expert as to what the forces at work here are: the law, the relationships between lawyers, and how lawyers work.

A very great thanks to Michael Kimerer, who has offered his considerable expertise to this site before. This is an excellent answer and will help the thousands of people feeling frustrated and angry this week to understand how the sweat lodge sentencing came to be put off. And thanks to Jeanne Barkemeijer de Wit for asking.  I certainly learned something and hope you all did, too.


Mr. Kimerer is not affiliated with nor has he participated in any aspect of the James Ray trial.  Learn more about him here.

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