James Ray Sweat Lodge Trial Roundup June 11

Crossposted from Reflections Journal.

So, as stated, the defense suddenly and unexpectedly wrapped up their case Thursday after having called only two witnesses. But it would appear that they will be aggressively pursuing to the bitter end their real defense strategy, which is to say, getting this case thrown out before it can go to the jury. Even at this late date, they are apparently screaming about Brady violations and mistrial motions.

Yes, CNN's dogged coverage of weather maps and the empty blackness of the void deprived James Ray trial watchers of two days of courtroom drama.

Then again, maybe I should thank them for sparing us another Luis Li law lecture.

"This is the first time that the defense has been notified... of any duty personally owed by Mr. Ray," Li said. "The rules are that the defendant must know the substance of the charges against him."

Li made an oral motion for mistrial, based on a state-proposed jury instruction that stated that duty as fact. Darrow immediately denied the motion, but the argument about Ray's alleged duties, acts and omissions continued.

Defense Rests in James Ray Sweat Lodge Trial

Crossposted from Reflections Journal.

Rumors of a surprise witness today in the James Ray trial were greatly exaggerated. The surprise was... wait for it... no more witnesses!

So... SURPRISE!!!

The defense has effectively, if not officially, rested its case after calling only two witnesses. They informed the court that they are done but Judge Darrow will not let them close their case in front of the jury until next week. In the meanwhile, there will be more legal wrangling over what exhibits will be admitted into evidence.

I'm just reading the tea leaves here because of CNN's abandonment of this trial. I'm going by a handful of tweets from April Santiago and a smattering of other news coverage. But it looks like the defense had indeed intended to call a surprise witness, as they were going to call their next witness after their return from a break. But after the break, and without the jury present, they announced that they had no more witnesses to call.

CNN Shows Up Late to James Ray Sweat Lodge Trial

Crossposted from Reflections Journal.

CNN Schedule Showing James Ray Trial

Promises, promises... So 12:15 came and went and CNN continued it's cutting edge news offerings of empty feeds and weather maps. Eventually, they revised their schedule listing a 5:00 PM arrival. Meanwhile, back in Camp Verde, Dr. Ian Paul took the stand where he was questioned by that precocious tween Truc Do. Oh, how I wish I could have heard the esteemed forensic pathologist explain how the none of the patients had heatstroke.

Thanks to some occasional tweets from April Santiago, we know that Dr. Paul found the symptoms consistent with organophosphate poisoning. He did not find that there was evidence of severe dehydration or that high body temperature of 105° F. Dr. Paul did not think the medical records support a finding of heatstroke or that organophosphate testing was done in a timely fashion.

So, thanks to April Santiago, we know that the defense's paid medical expert is testifying to the key elements of their case. But I have been waiting for weeks to hear how strongly he endorses the organophosphate theory that isn't in his official report and that, according to Truc Do, he has only said he couldn't "rule out." I was really looking forward to Do's examination of the heavily credentialed Dr. Paul and thrilled to learn that he was testifying on this one final day of CNNLive's streaming of the trial. Oh well... I guess CNN had far more important news to cover.

Or not.

James Arthur Ray Sweat Lodge Trial to Continue

Crossposted from Reflections Journal.

Judge Darrow Rules on Defense Motion

With a hundred pages of briefing and about an hour and half of argument, it would be very difficult for this court just to start in and go through a number of factors that would go into my decision on a Rule 20. Rule 20 rulings in my experience are often conclusory and that may not be, uh, satisfactory or satisfying to the parties but this ruling is going to be necessarily conclusory as well.

The first point has to do with whether or not there's a legal duty. That's a question for the court. That's not a question of whether there's substantial evidence as an element. It's a question for the court. And I conclude that the, uh, defendant Mr. Ray owed a legal duty to the decedents. That question maybe first was, uh, addressed in the admissibility of evidence about amounts paid for the event. And I'm aware of the distinction between Mr. Ray personally and JRI. The defense has argued that throughout the case. So in making this conclusion and stating this conclusion, I am aware of the distinction between entities; between a person and the corporate or business structure. But there is an element of a contractual basis for the duty and that's what's been noted. There may be others.

The State has presented substantial evidence as to voluntary acts as well as omissions and I'll state right now and Mr. Li, you've raised this. There may be real questions regarding duplicity. And, and, that's I think a separate issue. I find that it is a separate issue. [inaudible]

Ruling on the Rule 20: With regard to mens rea I conclude there is substantial evidence of the mental state of recklessness. With regard to causation I conclude there is substantial evidence going to both cause and fact or but for causation as well as proximate cause. I'll note, uh, Dr. Dickson's testimony with regard to causation.

With regard to the First Amendment I note in a prior ruling I did mention that; the importance of the context of legal duty. And I conclude that there has not been a violation of First Amendment principles in presentation of evidence. And I also conclude in this Rule 20 context that there has not been a due process violation.

In summary, it's ordered denying the motion pursuant to Rule 20.

With those words Judge Darrow dispensed with the latest attempt by Ray's defense team to abrogate this trial.

Oprah, James Ray, and the Cult of Victim Blame

Crossposted from Reflections Journal.

A link to this bit of sheer insanity was posted on Connie Joy's Facebook page the other day. Someone called patharding riffed on Oprah's commentary from her sign-off as follows:

Posted on May 27, 2011 5:40 PM

I'm curious what you people think of this:

“Time and again the theme that kept showing itself in our early
years on the show was PEOPLE MAKING BAD CHOICES…and then blaming
everybody but themselves for the state of their lives…”

“Nobody but YOU is responsible for YOUR LIFE! It doesn’t matter what
your momma did. It doesn’t matter what your daddy didn’t do. YOU are
responsible for YOUR LIFE!…”

“…you are responsible for the energy that you create for yourself
and you are responsible for the energy that you bring to others.”

–Oprah Winfrey (from her final show)

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"Why Shamanism Now?" with Christina Pratt

Energy Velcro and the Hollow Bone

The shamanic altered state of consciousness and being a "hollow bone" are not necessarily the same thing. All over the Internet contemporary practitioners are claiming that the altered state they enter to work with Spirit is, by definition, being a "hollow bone." Becoming the Hollow Bone is an ancient practice in Zen Buddhism, shamanism, and many native peoples of North America. It takes years of dedicated and disciplined practice to create this inner state of consciousness and freedom. In contrast, entering a shamanic trance state, or journeying, is relatively simple to learn, usually allows immediate and useful access to one's helping spirits, and is basically every human being's birthright now. In our efforts to explain to a contemporary world what shamanism is and how it can help with pretty much all that ails us, let's not get carried way. To become the Hollow Bone is to dedicate oneself to the tireless discipline of clearing your inner energy Velcro. This requires first noticing that you have been hooked by something in life. Then looking within at what Velcro loop within you has just been snagged. Then to move deeper within, for the process has only just begun. Join host and shaman, Christina Pratt, as she explores the deeper truth of becoming the Hollow Bone and the freedom that arises from this ancient and worthy discipline.

Tuesday, June 7, 2011 at 11:00 AM Pacific

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Horoscope for June 6-12

Cross-posted from Aloha Astro

Aries (March 21st - April 20th)
You are willing to put your money where your mouth is this week, Aries, or use your powers of speech and persuasion to make more money. Creative ideas are your forte now, but you are action-oriented at the same time that you are thinking and expressing opinions or directing people to do things in new ways. A romantic relationship may demand attention and communication this week, or you decide it is time to make a concerted effort to meet a potential partner by being more social or letting your friends match-make for you.

Taurus (April 21st - May 20th)
The things that mean the most to you are highlighted this week, Taurus. Without the support and love of family, pets, friends, or a partner, you would feel life has no meaning. You can do almost any work happily when you feel there is a purpose behind it, such as a family who depends on you. The planets indicate an alignment with both purpose and abundance now. An upbeat, positive attitude and a sense of rightness surrounding your decisions and actions makes everything flow easily. There is a slim chance someone may be jealous about your good fortune. Take those "sour grapes" with the proverbial "grain of salt."

Astrological Trends for June 6-12

Cross-posted from Aloha Astro

Creative cooperation sets the tone the morning of Monday, June 6th, as the moon in the fixed fire sign of playful Leo makes a supportive sextile to the sun in the mutable air sign of imaginative Gemini and another sextile to constructive Saturn in the relationship-minded cardinal air sign of Libra. Wear a t-shirt that says, "Plays well with others," and a big smile and see what happens! A favorable trine between the curious, quick-witted Gemini Mercury and Saturn in Libra makes it easy to imagine, communicate, and write. Today, the quincunx between Mercury in Gemini and Pluto in restrained Capricorn fades away. If you have been feeling like a child with a parent looking over your shoulder for the past week, this will lift now. The square between Mercury and Chiron in Pisces also fades. It will be easier to let go of limiting, negative, painful, or destructive thoughts now. If you have been processing stuff from the effects of last week's new moon, you may complete your clearing and releasing today. The high energy of a creative fire moon cycle demands that you release the old and be in the present moment. The potent and unsettling square between erratic Uranus in pioneering Aries and controlling Pluto in strict Capricorn, which began to influence you last week, continues to have an effect on your life this week. As I detailed previously, this may have a greater effect on society in terms of upheaval and transformation, but a look at your own natal chart to see where you have Aries and Capricorn energy can give you an idea of what areas of your life may be changing. The benevolent, blessing energy of abundant Jupiter in the fixed earth sign of material Taurus is still sextile to inspirational Neptune in spiritual Pisces. This brings grace and flow to your life and helps you to manifest your basic needs as well as the means to achieve bigger dreams. Early Monday evening, a mildly aggravating square flares between the Leo moon and Mars in the fixed earth sign of Taurus. Ego meets stubborn and people may be attached to things going their own way. Have you ever seen children who have been playing together happily suddenly erupt in squabbles and a subsequent emotional meltdown? It seems that too much of a good thing catches up with the child's nervous system and when physical energy drops, disintegration occurs. Wise parents know when to end playtime before this happens. The planetary aspects make us like children today when it comes to work and play. Remove yourself from the sandbox before this moon/Mars square takes effect. A good meal, some rest, and watching an action movie or drama can help you project and diffuse the tension of the square harmlessly.

James Ray Sweat Lodge Trial Roundup June 3

Crossposted from Reflections Journal.

Weather Map of Northeast

The State wrapped up its case yesterday, as promised, with testimony from Dawn Gordon and Sean Ronan. Ray's lawyers will open its case with a Rule 20 motion for immediate acquittal. In other news, the weather in the Northeast was really quite lovely.

Prosecutors in a self-help author's manslaughter trial rested their case Friday after months of testimony from participants of an Arizona sweat lodge ceremony whose experiences were sometimes as different as night and day.

The trial could end early next week if the judge grants a defense motion for acquittal of James Arthur Ray, who is facing three counts of manslaughter stemming from the October 2009 ceremony he led near Sedona. Oral arguments on the motion in which the defense contends the state hasn't proven its case are scheduled Tuesday.

. . .

Gordon told jurors that she had no idea that James Shore would die after he helped dragged a woman out of an Arizona sweat lodge and was propped up on his elbow encouraging one of the victims with "sweet words."

Nor did she know that the last she'd hear out of Kirby Brown, who had planned to paint a mural in her house, would be heavy breathing and gurgling that sounded like someone with a cold.

James Ray Sweat Lodge Trial Roundup June 2

Crossposted from Reflections Journal.

James Ray with Attorney Tom Kelly

As news out of the James Ray trial slows to a trickle, let's see what we can deduce from what is obviously so dull a story that it merits little to no coverage. Oh, here's a thing. Dawn Gordon testified that not only could no one leave when the sweat lodge when the flap was down, Ray responded to James Shore's concerns over Kirby Brown by saying, "No one is leaving at this time."

As per Mark Duncan, one of the handful of lonely reporters still covering the Yavapai County Courthouse beat, we learn that Spiritual Warrior participant Gordon had concerns over Brown's condition and labored breathing. She enlisted help from James Shore. Gordon was surprised that Shore had come back after dragging out an unconscious Sidney Spencer because he appeared to be struggling himself.

"He had his own free will to stay outside and he chose to come back in," she said.

By the time he did return, Gordon said, Brown had ceased her chant but was lying on her back, breathing loudly through what sounded like extreme congestion. Shore tried to move her onto her side to ease her airway but was unable and asked Gordon to help.

"I told him to get on the other side of her and that I would put my feet under her back and he could pull her arms," she said. "I stayed low...and as I was pushing and he was pulling we got her onto her side."

James Ray Sweat Lodge Trial Roundup June 1

Crossposted from Reflections Journal.

Connie Joy was interviewed by Dr. Carole Lieberman, the psychiatrist who did the forward for her book Tragedy in Sedona. As ever Joy is informative and insightful about the dynamics that created this disaster. She provides a lot of the back-story that jurors will not hear. (Her earlier interview with Lieberman can be found here.)

Most interesting is what Joy reveals about Ray's behavior in and around the courtroom which she's observed firsthand. Much in keeping with his horrifying "WooHooo!!" tweet immediately following the Brady violation ruling, his insensitivity to bereaved family members is stunning. She describes him "yucking it up" with his lawyers during breaks a few feet away from Ginny Brown and other family members. Joy also recounts his attempt to physically intimidate her by abruptly pushing past her, like she was invisible, to greet a reporter.

It's always disturbing to see the man behind the curtain when it turns out the hidden operator is probably a sociopath. Joy has learned a lesson I did some years ago about projecting our own values onto other people. In my own experience of dealing with sociopaths, which I have more than once,  they rely on a combination of their own ability to mimic human behavior and the tendency of people with normal emotions to rescript their red flag statements and behaviors. Seeing them for who they really are is too shocking and painful. The more compassion and empathy we have for others, the more inconceivable we find its lack. This is what con artists and their ilk count on. James Ray surrounded himself with lovely, generous, open-hearted people. Watching so many on the stand as they wrestle with the dawning realization of how really traumatized they are has been a painful reminder of how many people can be severely wounded by one man's pathology.