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June 23, 2011 Sweat lodge leader found responsible for three deathsPosted: 11:09 AM ET
Camp Verde, AZ – At approximately 5:25 p.m. ET on Day 54 of Arizona v. James Arthur Ray, after just under 9 hours of deliberation, the jury announced that they had reached a verdict. Twenty minutes later, the jury entered the courtroom and we learned that they found Ray guilty of three counts of negligent homicide in the sweat lodge deaths of Kirby Brown, Liz Neuman and James Shore. After four months of a trial where one and two-day long examinations of single witnesses was typical, as well as substantial accusations of prosecutorial misconduct and investigative incompetence, the State of Arizona won their case in spite of what the defense strongly believed to be evidence lacking adequate proof, some of which was circumstantial and that relied upon an arguably emotional response to justify the circumstances. The first words spoken by the court clerk reading the verdict was “not guilty of manslaughter” in the death of Kirby Brown. This elicited a slightly positive response from Ray who was seated to hear the verdict. However, after some awkward fumbling over how precisely the remainder of the verdict should be read, the clerk then said “guilty of negligent homicide” in the death of Kirby Brown. Ray then became slightly apprehensive and immediately looked down. It didn’t take long to register with the courtroom full of spectators, many of whom had sat through hundreds of hours of testimony, that they would hear the same verdict for the remaining two victims who died under similar circumstances. The entire front row of the gallery on the prosecution side was filled with friends and family of the victims, many of whom sobbed as the unanimous jury was polled. Ray’s parents and brother sat in silence with a very stoic demeanor. It would be appropriate to say that the defense team was quietly stunned. With literally no hesitation, prosecutor Sheila Polk requested that Ray be taken into custody immediately. Defense attorney Tom Kelly successfully argued that the charges against his client are eligible to carry a sentence of probation and that Ray had dutifully attended every court session. Hence, Ray continues to be free on bond. The judge then explained to the jury that their work in this case is not yet finished and they must return next Tuesday. At that time the prosecution will advance their case that the charges of which Ray has been found guilty also possess additional “aggravating circumstances.” The jury will hear the testimony of nine witnesses in an attempt to convince them that these additional “circumstances” are substantiated by Ray having committed the offense in an “especially heinous, cruel or depraved manner, in the expectation of the receipt of money and caused the victims’ immediate families to suffer physical, emotional or financial harm.” If the jury determines that these circumstances exist, this will greatly increase the severity of the sentence Ray will receive. After the jury was released, the defense attorneys somberly left the courtroom as print reporters gathered around the prosecutors to get their reactions. With television cameras massed at the front entrance of the courthouse, Ray and his family slipped through a back door. They were later followed through the same door by defense attorneys Luis Li and Tom Kelly intending to make the same quiet exit. From the second floor of the courthouse I watched Li and Kelly walk slowly to their cars, unnoticed by the media throng whose attention was myopically focused on the front door to catch Ray. I then accompanied Truc Do out of the courthouse. The solemn defense attorney walked undisturbed past TV reporters whose target, unbeknownst to them, had already left. Do had no comment to my questions about what she thought would happen next. It was unspoken that she was sharing the same feelings as the rest of her team who are deeply disheartened that their strong arguments for prosecutorial misconduct had gone surprisingly unheeded, making it difficult to predict in which direction the court’s favor would now go. Starting Tuesday morning, over the course of two days, we will again hear from Michael and Amayra Hamilton, the owners of Angel Valley where the deadly sweat lodge ceremony occurred; Megan Fredrickson, a close associate of Ray at James Ray International, and a host of others as they attempt to convince the jury that Ray deserves a much harsher sentence than the approximately 10-year maximum he now faces. -Jim Kyle, In Session Field Producer Filed under: James Arthur Ray Sweat Lodge Trials Verdict! |
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