CAMP VERDE - A case management conference Tuesday for motivational guru James Arthur Ray set trial dates and determined what may be released from the autopsy of three victims of the fatal sweat lodge experience. The sweat lodge was to be the culmination of Ray's 10,000 Spiritual Warrior retreat at Angel Valley, between Cottonwood and Sedona. Ray has been charged with three counts of manslaughter
Once again, Judge Warren Darrow's courtroom was filled with attorneys and family of victims and reporters. Six more joined the hearing by telephone. Attorneys were on hand representing families of 49-year-old Lizbeth Neuman of Prior Lake, Mich., 38-year-old Kirby Brown, of New York and 40-year-old James Shore, of Wisconsin, who died as a result. Other victims suffered organ failure and other illness.
Prosecutor and Yavapai County Attorney Sheila Polk told the court there was "consensus" on the release of autopsy results. Both prosecution and defense agreed that photographs of the autopsy and personal information in the detail should be suppressed, but that the first page, the summary and conclusion of the autopsy reports may be released to the press. Each victim's attorneys also voiced their agreement and the judge so ordered.
Polk asked the judge about a pending press request for contents of the telephone calls and details of Ray's visitor roster, but Darrow said that decision will be coming soon.
Polk told Darrow the prosecution would present 60 witnesses and suggested that 45 days would be needed, in addition to a 12-member jury.
Luis Lee and Tom Kelly, representing Ray, agreed but Kelly suggested that the court hold trial four days each week instead of the usual three days.
When the judge returned from recess, he announced that 56 days would be established on the calendar, but he cautioned, "That may change."
The trial will run three and a half to four months, from 9 a.m. until 5 p.m. each day, four days each week, excepting weeks with holidays. The calendar calls for the trial to span from the first day Aug. 31 until Dec. 17.
Kelly also suggested that the Verde court room may be too small to accommodate jury selection for over 100 candidates and the press to select a 12-member jury and the selection might be moved to a Prescott court room.
Finally, the judge advised Ray that he "does have to appear during the trial, you understand that Mr. Ray?"
Kelly asked if that would also apply to scheduling hearings and Polk agreed that an exception should be based on a court request.
Posted: Friday, June 11, 2010
Article comment by:
Lensy Russel
Lee, the waiver is something that is used to protect the company, person, etc. from being sued, and can be over ridden in the case if a criminal charge.
The coroner ruled the deaths as an accident right?
people die in car accidents, and don't people go to jail for killing others in car accidents, even though its just an ACCIDENT? People died, people were harmed in his care and he did nothing to help them or stop what he was doing. He may not get life or most than 15 years but he still needs to be behind bars
Posted: Thursday, May 20, 2010
Article comment by:
Peace and Love Look Deeper
Just because somebody does not hold a gun to your head does not mean that you were not coerced, forced, suggested to under heavy duress, or otherwise "made to do something" you didn't want to do. There are plenty of ways to manipulate others to do as you want and unfortunately Mr. Ray has a bad reputation of people dying or being hurt at his "so-called" workshops or retreats. Mr. Ray is a big believer in that we attract what we think about and that our life situation is a direct consequence of the thoughts we think and hence Mr. Ray has created his life exactly as he would want it. Nothing good comes from ill thoughts and the public needs to be protected from self proclaimed gurus like Mr. Ray who are essentially practicing without a license. We need legislation to make sure the public is safe from self-help gurus who have their own self-interest about those they claim to be helping. My heart goes out to the friends and families of those who have suffered losses at the hands of Mr. Ray.
Posted: Wednesday, April 28, 2010
Article comment by:
Chuck P
Its to bad what happened Then again when you think these people paid 10K plus to go to his retreat. Then so many that work hard for a living have a hard time paying an electric bill. If they had that much money and that lack of brains to go in the sweat lodge maybe I don't feel as sorry as some people do
Posted: Wednesday, April 28, 2010
Article comment by:
Standby Medical Aid Should have been a Requirement of the County/City
Future incidents like this can be avoided if the city/county requires a permit or notification for gatherings to ensure that public health requirements are met-the correct ratio of porta potties to participants, food is served out of a health dept inspected kitchen, and standby medical services are offered. Setting up a first aid booth with qualified medical personal for a large gathering in not unheard of and would have saved lives.
Posted: Wednesday, April 28, 2010
Article comment by:
Gil Parkinson
Dear Mr. Kuan: All of that is great... I just wish it had been your mother, your sister, your dauther your mother or your father.... who knows, perspectives really change when you look at it for a personal space. When you sign that document it's in case someone fall of a cliff, for example. Shit happens, accidents happend. But not to cover a negligent act of a man that sent 21 people to the emergency room and killed 3... that is not negligent that is recless and irresponsable..
Posted: Monday, March 29, 2010
Article comment by:
Lily Clark
Tragically, by the time the victims realized there was a serious problem, it was too late. And there was no one to help them when they could not help themselves because -- according to witness transcripts -- when JR was advised that participants were sick and even unconscious, JR hindered, delayed and tried to deny those people much needed first aid and medical treatment. Such disrespect and disregard for human life is despicable, and possibly criminal -- as a jury will soon decide. As for the waiver signed, JR did not advise the participants that they might get sick or injured AND that he would impede and prohibit any attempts to provide lifesaving first aid....
Posted: Wednesday, March 24, 2010
Article comment by:
Neil Bartalos
Unless JAR had a gun to their head, then unfortunately it is their own responsibility. They were all adults who could make their own decision to stay or go. It is a horrible situation, and I would never wish this upon anyone. BUT JAR should not be jailed for this
Posted: Saturday, March 20, 2010
Article comment by:
Mike Marchot
People fail to understand that just because you sign something (and sometimes even when both parties agree), it is STILL not legally binding if the agreement goes against public policy or established law.
In this case, it is not possible, in any state, to sign away liability for gross negligence on the part of the other party.
These sorts of waivers are often considered "adhesion contracts", so called because the contract is not negotiated between parties, but one presents it to the other, and there's no opportunity for negotiation or discussion of terms.
The bottom line is, when people act with hubris, and particularly when the arrangement is that one party is putting him or hermselves in the care of the other party, whether stated or not, there are expectations of reasonable care and diligence. It is the question of whether that reasonable care was taken that comes into play here
Posted: Wednesday, March 17, 2010
Article comment by:
Deputy Dog
Wouldn't it be nice if we could waive any criminal responsibility just by having a victim sign a documents that includes waiver and release language. Sorry Mr. Kuan, but it doesn't look to 'cut and dried' to me.
Posted: Wednesday, March 17, 2010
Article comment by:
wounded healer
Folks, don't bother responding to Lee Kuan's posts. He has some weird fascination with proving James Ray's innocence. This is his blog. http://www.thoughts.com/forums/showthread.php?t=32971
Posted: Wednesday, March 17, 2010
Article comment by:
Lee Kuan
FROM THE JAMES ARTHUR RAY LIABILITY WAIVER:
"I agree to release, waive and discharge James Ray International, Inc. (the "Company"), its principals, directors, shareholders, employees, agents, promoters, independent contractors, sponsors, volunteer assistants, associated coaches, and others associated with the Company, or any of them (the "Releasees"), from all liability to the undersigned for any loss or damage, and any claim or demands therefore on account of injury to the undersigned's person (whether physical, emotional, psychological or otherwise) or property or resulting in death, whether caused by the negligence of the Releasees or otherwise, relating to the Event, whether sustained during the Event or not."
This looks very 'cut & dried'. I don't see how anyone can legally send James Arthur Ray to jail after such an agreement was signed. Please show me how they can legally do such a thing.
This liability agreement appears to be painstakingly created to protect JRI from just such a situation as what happened at Sedona. Why then was James Arthur Ray not protected?
The only way I can see is that…America is breaking its own laws! How should America be punished for doing this? Should not the judge who sent James Arthur Ray to jail be thrown in jail for breaking American law? Seems to me he should! The judge broke American Law by sending James Arthur Ray to jail after all the participants signed this liability waiver. It seems to me that judge should go to jail instead of James Arthur Ray. Why not?
