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James Ray Pre-Sentence Hearing on Now

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Camille Kimball's books:

**A Sudden Shot** as seen on TV!

Coming soon: Masters of True Crime-Chilling Stories of Murder and the Macabre

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.

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Camille Kimball's books:

**A Sudden Shot** as seen on TV!

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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

Monday, September 26, 2011

James Ray is Not Sentenced Yet

ADD: Always get all the latest information by clicking on the top on my name above the camera. The judge has now set a new sentencing date. For that, click here

Whatever happened to that sweat lodge guy from the Secret, James Arthur Ray?

Many of the people coming to this site are using search terms that amount to some version of that.

Here's a quick rundown:

In June, James Ray was convicted on three counts of Negligent Homicide. He was acquitted of the heavier charge of Manslaughter for the same three victims. This part of the trial, the beginning, is called the "guilt" phase.

In Arizona, sentencing typically does not take place right away. After conviction on the crime itself, the defendant then faces the prosecutor again in the "aggravation" phase. In this case, the prosecutor won a jury verdict of guilty on the aggravator that the crime caused serious harm to the victim and their families. This allows the judge to sentence James Ray to a stiffer sentence. But even after this, the case is not ready for sentencing.

The third phase begins and it is the defense's turn. The defense now does their best to give the judge a reason to give Ray a lesser sentence. This is called the "mitigation phase." These mitigation hearings typically talk about a defendant's horrible or alternatively his/her accomplished childhood depending on which is the case, his good track record leading up to the crime and steps he may have already taken to make restitution or otherwise "mitigate" his/her bad behavior. Examples would be achieving an Eagle Scout as a kid or suffering abuse and entering foster care as a child; no prior record or being a philanthropist; entering drug rehab before trial or returning stolen money voluntarily before arrest.

This third phase is where the James Ray trial is stuck right now. The date to begin it has been "vacated" or abandoned several times for a variety of reasons.

That's why you are not seeing major news stories on Ray for the last several weeks, because there is no major news. The case is mired in legal bickering, administrative wrangling and, most recently, an attorney's heart attack (which they are arguing over, as well. Of course they are.).

The good news is once the mitigation phase finally gets under way, actual sentencing is not far behind. The defense puts on witnesses, then the prosecution. Shortly thereafter, the Judge pronounces sentence.

For more details on what he might be sentenced to and other trial questions, please explore this site. Click on the JAMES RAY label at the top of the "cloud" below to the left in the sidebar and you are sure to find many of your questions already answered.

Thanks so much for visiting.

While you're waiting for Ray to be sentenced, why not try out one of my books? They are all available wherever books are sold, including for e-readers. Click the links below to get started!

Author Camille Kimball at the Ray trial

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.

Camille Kimball's books:

James Ray--October 6, I Guess...

ADD: As this post foreshadows, the October 6 date has also been vacated. Please check more recent posts for more info. Also, between speeches, TV interviews and the upcoming West Hollywood Book Fair, the sadly stagnating James Ray case has had to go on a back burner this week. I'll get back to it soon. In the meantime, why not come to the West Hollywood Book Fair on Sunday and introduce yourself to me?

ADD2: Please click here for the new date.

A little note: A lot of these posts become very popular and, thanks to Google, become your first introduction to this site. But it's a good idea to click on the top, where I'm smiling like Christmas in the camera viewer, to get to the most recent updates. Many of the posts have good "evergreen" information and analysis. But for the latest updates, always check the newest posts. Thanks! Camille
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In regards to Mr. James Arthur Ray and the Sedona sweat lodge disaster...

When everybody was focused like a laser on the mitigation/sentencing coming up for this week, after Judge Darrow declined to order a new trial on the 14th, I urged a note of caution (just scroll below or click). Anything can still happen, I said. Courts do funny things, dates never seem to be written in stone. I talked about Special Actions and other odd creatures in the menagerie of the Court of Appeals.

Silly me.

I failed to note the potential for heart attack type episodes in the single person without whom the hearing cannot proceed: James Ray's Arizona attorney. Without a member of the Arizona Bar at the helm, the good ship Defense o' Ray is not allowed to enter the harbor of Copper State Jurisprudence.

I would have loved to say I told you so, but I really didn't. Sigh. I wish Mr. Kelly, the suffering attorney in question, all the best in the world. How lovely for him that when he needed the hospital in the sparsely furnished Yavapai County, it wasn't overwhelmed with sick and dying Spiritual Warriors.

When I drive up there it always impresses on me that a land full of trees, vast spreads of bare rock and few people absolutely cannot afford to have the sweat lodge type disaster occur with any frequency. The very limited resources from trained personnel to helicopters and ambulances to space in the ER could not handle it. The regular community would be shut out of care when they needed it and taxed to death to support it all when they were able.

That's why we criminalize certain behaviors: on top of being just plain wrong (which is rarely enough to get many people to act), these behaviors affect entire communities and make life insupportable. So we band together, tax ourselves, create laws and deputize people to enforce them. If you tended to think this disaster of the sweat lodge was a private matter between a business and some customers, think again. Those deaths and those dozens of trips to a small hospital were one hundred percent preventable. They caused harm not just to families but to an entire community, the very definition of public life.

Thanks for visiting this site, your comments are welcome and thank you to all who have already shared your thoughts here. See you in a couple of weeks in Prescott....that is, maybe. The new date seems to be October 6, but you never know!

P.S. For those of you in the Los Angeles area, why not come to the West Hollywood Book Fair on Sunday morning (Oct 2) and meet me? I'll be on the Can You Handle the Truth? panel in the Mystery and Suspense Pavilion. I would love to meet you!

Camille Kimball's books:

Tuesday, July 19, 2011

Sweat Lodge: Transcript of Disputed Clip

Author Camille Kimball & the Yavapai County Courthouse

In the James Ray sweat lodge trial, everyone is waiting to hear what the sentence will be. We were supposed to find out on Monday July 25, but that date has been vacated. Why? For a whole myriad of reasons laid out in an aggressive defense motion for a new trial. So the quick answer is--no, we don't know the sentence yet.

What is the defense complaining about? One of their major beefs is that prosecutor Sheila Polk played an audio clip of James Ray's voice during her address to the jury in the aggravation phase [what the heck is 'aggravation phase?' click here]. She thought this clip had been previously admitted into evidence but the defense claimed it had not. It turned out the defense was right and she admitted so after doing further research.

Looking at the details, we find that her mistake was in using a piece of audio that had been admitted into evidence during the guilt. Only she started it one minute and fourteen seconds too soon. Imagine the transcript set off here in italics, in the voice of James Ray, speaking in his charismatic way to those gathered at Angel Valley Lodge:

"Really truly set on bending commitment, I'm really going to do whatever it takes no matter how uncomfortable it is no matter how frightening, then you will have a breakthrough. You may feel as if you're having a breakdown some point in time and that's ok because sometimes the walls must come down so that new walls may be built. But I promise you you'll have a breakthrough and that's what you really want isn't it? I mean, isn't that why you made the investment to be here, and you trudged off into the desert to sleep in a tent and share bathrooms? You know, I mean, some of you are already having a breakdown: 'For the amount of money I spent you'd think I'd have my own shower and my roommate snores (laughter), but at least he's consciously aware of that! And so on."

This one minute 14 second audio clip comes immediately prior to the tape you may have already heard where Ray tells the Spiritual Warriors he wants them on a vegetarian diet to "keep them off balance" and that they will have "plenty of altered state experiences this week."

Polk has argued it was an innocent mistake to start the clip too soon and no harm was done to the defendant because:

jurors did not find for the pecuniary gain aggravator
there was plenty of evidence that had been properly admitted that established the same point (folks paid a lot and needed value for their "investment")
similar words were, in fact, used by the defendant in a different audio clip that was properly admitted
the error wasn't committed during the guilt phase (and failed during the aggravation phase)

With all this fuss, I thought you'd like to see the actual minute of audio in dispute.

**This transcript is obtained from public filings by the Yavapai County Attorney's Office and used under Arizona's Public Records Law

Camille Kimball's books are:

Monday, July 18, 2011

What's Next for "Guru" James Arthur Ray?

Historic cannon at entrance to town of Camp Verde. True Crime Author Camille Kimball in front of cannon.

Add: This is an extremely popular post (thanks Google!) but there are many more JAR posts, including more current ones. Please click on the tags to call up more! (like this open letter to "civil theorists." )
ALSO: Be sure to click on my name at the top of the blog to get the latest news, including the new sentencing date just announced!

The sentencing date for James Arthur Ray, the sweat lodge "guru," was originally set at July 25. That date has now been vacated, due to filings by the defense. We'll get into that in a bit. The next time the sweat lodge trial will see court action is August 16 for a "pre-sentence hearing." First, let's talk about what's on the table as Ray's debt to society for "negligently" leading three people to their deaths.

As of June 22, James Ray stands convicted of 3 counts of Negligent Homicide, one each for the deaths of Kirby Brown, James Shore, and Liz Neuman. Because the jury did not find two aggravators (well, they did, but more on that quirk of law here), Ray won't be getting an "aggravated" sentence. He still gets a chance to put on a mitigation phase (the opposite of aggravation: character references, pics of him as a sweet little boy, etc.) so the mitigated sentence is still a possibility for him.

AZ Attorney Dan Barr, from the firm Perkins, Coie has spelled out what the possible Arizona penalties are for these convictions.

"As Class 4 felony, each charge of negligent homicide carries a maximum prison sentence of 3.75 years. The range of prison sentences for negligent homicide are as follows:

Mitigated: 1.1 years
Minimum: 1.5 years
Presumptive: 2.5 years
Maximum: 3 years
Aggravated: 3.75 years

The jury consider[ed] evidence* on whether Ray's sentence should be reduced or increased from the presumed sentence of 2.5 years, which would be 7.5 years if the three sentences are served consecutively. The lowest possible sentence for Ray would be 1.1 years (3 sentences served concurrently) and the largest would be 11 years and 3 months (3 sentences serve consecutively)."

Since he did not collect sufficient aggravators and presuming mitigation goes well for him, James Ray could even get probation on all counts. The fact that he has no prior record will serve him well when it comes time for Judge Darrow to calculate his sentence.

This mystery won't be solved for us on July 25, though. Because the defense has filed a very aggressive motion for a whole new trial. Not satisfied that Ray escaped the more serious charge of Reckless Manslaughter, his attorneys want to start completely anew which would mean seating a whole new jury and putting all the witnesses back on again. Ray's lawyers identify quite a few instances of what they call "prosecutorial misconduct" in the trial we just went through.

One of these was the fact that Prosecutor Sheila Polk played a short audio clip of James Ray speaking to his followers at the Spiritual Warrior weekend during her address to the jury at aggravation. In the audio clip, Ray can be heard making reference to the "investment" that the people made to participate in the event, encouraging his followers (or egging them on, depending on which lawyers you listen to) to get the bang for the buck. For most of them, that was about $10,000 bucks.

Polk argued that "The Secret" motivational speaker's conduct was motivated by "pecuniary gain," a specific aggravator. She had earlier argued to the jurors that the near-death experience of passing into heat stroke was the very thing that Ray was selling for such a high price (the ten grand did not include food or lodging). The clip fit well into her theory that if the Spiritual Warriors didn't experience the delirium-like state that signals the beginning of heat stroke, they would not feel satisfied with their ten thousand dollar expenditure afterward. But he didn't tell his followers it was the "altered mental state of near-death" he was selling; Ray told them it would be a spiritual "breakthrough" that felt like impending death.

Defense attorney Tom Kelly was incensed that the clip in which Ray talks about the money had never been admitted into evidence before and therefore she should not have used it. (Interesting, Kelly and the team have also argued vigorously that Ray himself didn't make the money off the event, his company did and that he literally cannot be held responsible for gains or actions of his self-named company).

Polk has fired back that the jurors did not find for the "pecuniary gain" aggravator anyway, so the issue is moot.

What do you think? No harm no foul? Or sinister prosecutorial villainy?

*that was the aggravation phase.

Full disclosure: Dan Barr is attorney of record to certain media interests (cameras in the courtroom/release of documents/etc.) in the James Ray case.

ADD: Has James Ray ever eaten here?

Camille Kimball's books are:

Monday, July 4, 2011

Sweat Lodge, Casey Anthony and Miranda

Interesting the little quirks you find from court to court. Judge Belvin Perry just remanded the Casey Anthony jury to their deliberations, saying the five alternates would be chosen back there in the rooms to which they would momentarily retire.

About two weeks ago, I watched with interest from a back row seat while Judge Darrow in Yavapai County Arizona made a very formal exercise of having the alternate jurors in the James Ray (The Secret) sweat lodge trial chosen completely at random, numbers drawn from a hat, in open court. He made sure the attorneys had an opportunity to inspect the hat, which both sides declined.

Judge Warren Darrow allowed recordings from the retreat to be played in court after the defence argued they should remain private

Yavapai County Superior Court Judge Warren Darrow presiding over the sweat lodge trial

In at least one other high profile trial I've been to in Arizona, but in a different county, it was an open secret that the selection of the alternates was not random, at all. Although done in open court, jurors who had given glimpses along the way of bad behavior (forming opinions, sleeping in court, etc.) were the ones who magically became alternates and did not participate in the final verdict.

Interesting to see Judge Perry, who has been a great stickler for courtroom procedure (I wouldn't want to be Matthew Bartlett, would you?), had no qualms about having the alternates chosen behind closed doors.

I guess the takeaway is that law is a matter of constant evolution in this country, even in these small matters. From trial to trial, the varying personalities involved bring different opinions about what the law means and what justice requires. So, in Judge Darrow's courthouse with the magnificent views, justice is very concerned with the selection of alternate jurors. In Judge Perry's Florida courthouse, alternates are more a matter of administration than of justice. I suppose one day you could see a supreme court challenge and then every U.S. courthouse would have to use the same standard, a la the Miranda warning. This little matter of the alternate juror lottery gives a digestible object lesson in how law works in this country.

The Miranda warning, by the way, was an Arizona case. And one of the lawyers with a direct link to it, was kind enough to offer up some legal insight to readers of this blog in regards to the James Ray case.

Camille Kimball's books are:

Friday, July 1, 2011

How Can He Do That? (Judge throws out aggravator)

At James Ray's sweat lodge trial in Camp Verde, jurors deliberated more vigorously on the state's "aggravators" than they did on guilt. While the "emotional harm" aggravator was a slam dunk, jurors deadlocked on the the "pecuniary gain" aggravator and on the "unique position of trust" aggravator.

That is, except for victim Liz Neuman. Liz Neuman had been associated with the James Ray International organization for a few years and even earned commissions on JRI events she organized in her home state of Minnesota. For Liz, jurors unanimously agreed the "unique position of trust" aggravator did, in fact, apply.

However, Yavapai County judge Warren Darrow decided to toss that second aggravator anyway. I was not in court to hear him explain his reasoning (technical difficulties!) so I wanted more insight on how a jury finding could be thrown out. I thought you would, too.

I asked renowned defense attorney Michael Kimerer for help. Keep in mind, he wasn't in court to hear Darrow's reasoning, either. But, as a matter of law, well, no one knows his stuff better than Kimerer.

"The aggravating factors that can be used to enhance a sentence are those enumerated in A.R.S. 13-701D," Kimerer told me via email.

"Violating a 'unique position of trust' is not one of the enumerated aggravating factors, but under paragraph 24 of that section the state can introduce any other evidence they think is relevant regarding the defendant's character or background or the nature or circumstances of the scene."

So I guess the key thing there is any other evidence "they think" is relevant. In other words, the prosecution can try, but as the referee, the judge can still intervene. When they go off the prescribed list Kimerer cites, they are taking risks.

Kimerer goes on to postulate (remember, he wasn't there, either) that after listening to everything, the judge "determined those facts were not sufficient or relevant enough as a matter of law to support the jury's finding."

So it boils down to the law books. Things may look a lot simpler to those of us in the courtroom focused on the case at hand. But to the judge, there are many, many more layers.

Because of the way this aggravation phase turned out, "The Secret" philosopher is no longer facing 11 years in prison. The maximum Ray could get would be about 9 years. He could also get none. Without enough aggravators, he is still eligible for probation.

I hope this helps you as you follow the sweat lodge trial of James Ray.

The case now moves into the "mitigation" phase, the opposite of aggravation. The jury has been released. Judge Darrow alone decides on the mitigators, which are presented by the defense.

Sentencing has been set for July 25.

ARS=Arizona Revised Statutes

A very great thanks go out to Michael Kimerer for his help in this confusing moment in this trial.

ADD: Sentencing dates info? See this post.

Camille Kimball's books are:

Wednesday, June 29, 2011

James Ray Sentencing Coming Up

ADD: This is a very popular post (thanks, Google!), but please click on my name at the top to get the most current posts or click on the tags to get up to date on James Ray. Glad to have you here!

Lotta people are wondering when James Ray, the motivational guru made famous by "The Secret" and Oprah, will be sentenced.

The trial, taking place in historic Camp Verde, Arizona, goes through several phases. This is why they say the "wheels of justice" chug slowly.

Currently the case is in its "aggravation phase." Then it will go into the "mitigation phase."
The probation department will prepare a "pre-sentence" report. Only after all this is done will we get to the sentencing.

The judge makes up the dates as he goes along. In this case, it's Judge Warren Darrow. First, he has to consider the various schedules of the jurors. They would have been asked to submit calendars and the judge knows when one of them has a wedding, doctor's appt. or other personal matter to attend to.

Second, Darrow has to make sure the lawyers are on board. They do have other cases, professional commitments (speeches and seminars), and the occasional personal matter the judge will defer to.

The defendant? Well, he's usually available, barring medical situations and actual emergencies.

So....the answer to your question is, they make it up as they go along. Sentencing date will be announced as more of these pieces fall into place. Most likely a few more weeks before we know if it's probation, a little jail or a lotta jail.

Hope this helps!

ADD: Sentencing date has now been set. See this post.

SECOND ADD: Sentencing date has now been vacated. See this post.

Camille Kimball's books are: