Yesterday Judge Darrow heard arguments over a motion for a new trial for James Arthur Ray. He has taken the motion under advisement and as of this writing, his decision is still pending. Over the course of the trial, he also heard and denied numerous mistrial motions. Most of the grounds put forward by the defense in this motion are repetitions from those previously rejected mistrial arguments.
Needless to say, CNN was not broadcasting the trial so I'm relying on accounts from reporters who were privy to court proceedings. I expect that the arguments hewed closely to their written motions, thus the defense's argument has been described as brief. (It also appears that Tom Kelly argued for the defense's motion. Had it been Luis Li, it would probably still be going on... and on... and on.) I've posted these previously but here again are pdfs of the relevant motions: the defense's motion for new trial, the State's reponse, and the defense's reply to the State.
The State's response is thorough and lengthy and points to the previously addressed and settled nature of many of the defense's arguments. The defense continues to take the position that prosecutorial misconduct is self-evident and that it's the State's burden to prove that their errors were inadvertent and not prejudicial. I did find the conclusion to the defense's motion a little confusing.
The state's persistent and pronounced misconduct demands a new trial. And the knowing and willful nature of the misconduct warrants sanctions and will bar re-prosecution.
How can there be a new trial if re-prosecution is barred? Well... I'm not a lawyer.