James Ray Sports Guru-do Upon Release
James Arthur Ray will remain a convicted felon. Arizona's Court of Appeals has granted Ray's request of last week to drop his appeal. It appears that he weighed an attempt at clearing the conviction from his record against the very real possibility of being convicted again in any potential retrial and facing more than the paltry sentence he's already served. He's opted not to risk his recently gained freedom from incarceration.
In documents filed with the Arizona Court of Appeals Thursday, Ray, 55, signed an affidavit stating that he wishes to "avoid any possibility of a retrial and a resentencing."
Had he not dropped the appeal, oral arguments would have begun today. He would have also faced a cross-appeal from the State claiming, among other things, that the jury should have been informed of Ray's duty to act when participants were in distress.
Tom Kelly is unhappy with Ray's decision to let the matter drop.
His local attorney during the trial, Tom Kelly, said he was less than pleased with his former client's decision to abort the appeal. He said he met with Ray, who has remained in the Phoenix area pending the end of his parole, earlier this week.
"I was disappointed with his decision and I believe justice requires a resolution of the points raised on appeal," Kelly said.
But since it appears that Kelly's passion for "justice" does not include his continued representation of the harmonically destitute Ray, who cares.