James Arthur Ray Sweat Lodge Trial: Day 36

Crossposted from Reflections Journal.

Judge Darrow Hears Arguments

The day started with some very heated argument over what Det. Diskin can testify to. (I missed the beginning of this because CNN was asleep on the job but more on that later.) When In Session began broadcasting the legal arguments, they were discussing the case of Daniel Pfankuch and how it informed the direction of Det. Diskin's investigation. There is much about this situation that is debatable. It happened 6 years ago. There is some conflicting witness testimony and there are seemingly irreconcilable differences in interpretation as to what happened. Both Pfankuch interview transcripts and those of other participants can be found here.

People on the scene at that sweat lodge event described Pfankuch as hullucinating, combative, and ultimately unconscious. His wife had to force him to leave the sweat lodge. He wandered around hitting and kicking people and was generally irrational before passing out. He believes he had a near death experience from which he really didn't wish to return. His wife, Michelle, pounded on his chest and pleaded with him to come back. Another participant named David Duhaime aggressively cooled him by hosing down his head with cold water. Duhaime believes he would have died, otherwise. Duhaime demanded JRI staff members call 911 but they refused to do so without checking with Ray who had gone to take a shower. He became "very animated" and believes he persuaded them to call because but they didn't. Amayra Hamilton did and James Ray screamed and yelled at her for it.

Pfankuch was taken by ambulance to the hospital where he was treated for heat exhaustion and syncope. Daniel Pfankuch, though, believes he was told he had heatstroke and that is what he told Det. Diskin. The hallucinations and combative behavior are also consistent with heatstroke. He was also dehydrated and kept on IV fluids for some hours at the hospital.

James Arthur Ray Sweat Lodge Trial: Day 35

Crossposted from Reflections Journal.

Sheila Polk Argues for Inclusion of Exhibits

Getting Det. Diskin's direct testimony into the record is a game of inches.

In the balance between trial testimony and legal wrangling, the latter probably tipped the scale today. There were lengthy legal arguments during breaks and numerous sidebars, mostly about what Det. Diskin could and could not say and what exhibits could be admitted with his testimony.

The day started with over an hour of argument over what exhibits would and would not be allowed during Diskin's questioning, with the defense arguing that many of the evidence photos in question are prejudicial. In other words, they depict an accurate portrayal of James Ray. It could be inferred from some of them, according to Tom Kelly, that Ray is a flight risk. That's only because he fled almost immediately after the event, avoiding police questions and returning to his home in California. It might look suspicious to the jury that Ray left his wallet behind. But Sheila Polk explained that it would be made clear that he only left his wallet and other personal effects because his room was in the process of being searched and he could not enter it. So it's really only as peculiar as it would be for anyone to grab an early flight, and leave their wallet in anther state rather than wait to retrieve it.

Ultimately, Judge Darrow ruled that items like the wallet, that constitute indicia of occupency, were allowed in, for a narrow purpose, and with address information and the like removed.

James Arthur Ray Sweat Lodge Trial: Day 34

Crossposted from Reflections Journal.

Amayra Hamilton at Sweat Lodge Memorial Site

Today marked the end of the Hamiltons' testimony. It involved more torturous cross examination by Luis Li, which I'll get to in a moment. But I have a few closing thoughts on these very important witnesses who we won't see again unless and until they are recalled.

Michael and Amayra Hamilton are very polarizing figures. Even amongst those who want to see James Arthur Ray convicted, there are many who wanted to see them roasted on a spit by Ray's defense team. Michael Hamilton draws particular ire. I will say that having listened to him, I think there is a slipperiness to the man. That said, I would probably get real slippery if I were being questioned by Truc Do, just as a survival mechanism. Ask a simple question, get a simple answer. Push poll me or put words in my mouth... well, don't expect cooperation. So, I can see both perspectives on Michael Hamilton. He's a little too good at evading aggressive questioning but it was very aggressive questioning and he's in a rather vulnerable position.

Amayra Hamilton, I thought, came across as very likable. She seemed as sincere as she did decisive. She stood up to Li when he tried to belittle her and mischaracterize her testimony. And considering that her cross examination was the most sneaky and smarmy I've ever seen Li, I admired her all the more for recognizing when he was being manipulative.

James Arthur Ray Sweat Lodge Trial: Day 33

Crossposted from Reflections Journal.

Judge Darrow Precludes Prosecution from Calling Haddow

This morning Judge Darrow heard arguments about the prosecution's decision to call Richard Haddow this week. I read the defense's motion to preclude Haddow as a witness last night. After reading their fairly solid legal arguments, I determined this to be a stunt on the part of the prosecutors. I don't think they ever thought they'd get Haddow into the courtroom. They're just calling the defense team's bluff.

As I expected Sheila Polk argued that they needed to call Haddow because the defense team has twice referred to Haddow's "report" when cross examining witnesses, even though they never intend to call him as a witness. She also attempted to leverage the fact that they relied on the Haddow material to block further testimony on prior sweat lodges, including the 2005 Daniel Pfankuch incident. They did not get the 2005 sweat lodge admitted but Judge Darrow reaffirmed his ruling that the defense cannot invoke a report with a witness who is completely unfamiliar with the source document.

A weary Judge Darrow upheld the defense's argument that rule 15.6(d) was not followed and excluded Haddow as a witness. Again, no surprise here. And it seems fairly obvious that those simple legal criteria would have been ample. So I find it kind of interesting that the defense team's response was such overkill. They also managed to completely discredit Haddow and his findings, which I would think might make it all the harder to rely on that information, in any way, in the future. Here is what the defense felt the need to emphasize in their motion:

Third, even if admission of Mr. Haddow's testimony for the State were constitutionally permissible, which it is not, a hearing and full briefing would be necessary to determine Mr. Haddow's qualifications as an expert. As the State itself has acknowledged, there are significant questions as to whether Mr. Haddow, who is neither an environmental engineer nor a medical doctor, can properly opine as an expert on many of the topics of his report. See State's Response to Defendant's Motion for Mistrial, filed 4/12/11, at 5 ("[T]he state was concerned about Mr. Haddow's qualifications.")

Cafe

Buy at Allposters.com

Around the Web, Around the World

"Why Shamanism Now?" with Christina Pratt

The Power of your True Nature

"There is great power in our True Nature and great healing in letting go of all that no longer resonates with it. When we allow our True Nature to flow through our lives, through our words and actions, we come into a natural alignment with our essential selves," explains host and shaman, Christina Pratt. "Living in that alignment we can focus out into the The Great Oneness and focus inward to energize our deepest core purpose." The Earth and the Way of Nature- the flowing harmony of ecosystems and the wild beauty of nature-are the great teachers of True Nature. The religions of the world teach us to look up for our answers for how to live here on earth. And in that upward glance we lose sight of ourselves and begin to shape ourselves in the images we have been fed. Looking up, we miss the obvious: The Way of Nature is right here with us and within us as we are within it. Our answers for who we are and how to live well are right here. The resurgence of interest in earth-based wisdoms is a response to our own searching for our way back to our True Nature. Shamanism in particular offers us skills and practices to engage the Earth, actively and intentionally, as the teacher and to find our way back to our true selves.

Tuesday, April 26, 2011 at 11:00 AM Pacific

Log on to Listen
Why Shamanism Now? on Co-Creator Network
Questions? Comments? Call: 1-512-772-1938

All episodes are now available in the iTunes Podcast Library.

Horoscope for April 25 - May 1

Cross-posted from Aloha Astro

Aries (March 21st - April 20th)
Social connections are your primary focus this week, Aries. For the first half of the week, the lunar transit through your 11th house of friends, groups, organizations, and wish fulfillment keeps you very outwardly directed as you seek to expand your career reach and add to your social network. You may learn to use new technology or become more computer savvy while you have the urge to do things for yourself and become an expert in a chosen field. A romance may evolve from a friendship, or an existing relationship either becomes more supportive of your outer world activities or ends if it no longer is viable. The end of the week is a time to rest and renew yourself. By the beginning of next week, you will be shaking the dust off the plans you shelved during the recent Mercury retrograde. This is your busy season - make the most of it work-wise, but remember to take care of your physical needs for rest and play.

Taurus (April 21st - May 20th)
You need a lot of quiet time now, Taurus. Internal processing is going on as you feed new information into your consciousness. Friends or a group may be on hand or nearby to act as sounding boards or encourage you, but no one will be deciding anything but you. Only you can know what you need or want. Now is a time to seek clarity and certainty before you take any actions. Once things are settled on the inside, things on the outside will fall into place, too. Mercury may have gone direct, but all those impatient, forward-moving Aries planets are being held back in the 12th house of your subconscious. The key is to find your own sense of safety and calm and not let the stresses or instability of life turn your attention away from your own personal path. Next month, you finally get to emerge and grow.

Astrological Trends for April 25 - May 1

Cross-posted from Aloha Astro

Tackle the toughest mental challenges first thing on Monday, April 25th, when the moon in the intelligent fixed air sign of Aquarius trines Saturn in the cardinal air sign of Libra. The moon is also forming a supportive sextile to Mercury, the planet of communication, in the cardinal fire sign of Aries. Mercury in Aries opposes Saturn in Libra. This triangulation of aspects makes today a good problem-solving day. Reason, intelligence, discernment, and originality combine to create a strong brainstorming energy. All through this week, until Sunday, the sun in Aries is forming a trine to Pluto in the cardinal earth sign of Capricorn. Pluto in Capricorn and the benevolent planet, Venus, in Aries are exchanging some restrictive energy through a square aspect between them, which can affect relationships, personal desires, and general demeanor. Venus in Aries is conjunct Uranus in Aries, which makes the impatience of Aries more so and mixes in some unpredictability. The square from Venus to powerful Pluto in strict Capricorn may add delay, control, jealousy, or "sour grapes" energy that can affect your outlook when you set your sights on having something or someone and immediate gratification just isn't happening. The positive side of this aspect is that you may be inclined to persist in your efforts to achieve your desires, even when things seem impossible. The planets also deliver some extra faith and staying power through a sextile between Pluto and Neptune conjunct Chiron in spiritual Pisces and a sextile between the sun in grounded Taurus and Neptune/Chiron. These supportive sextiles give you the strength to overcome and to heal difficulties, both physical and emotional. Later this evening, the moon in Aquarius forms a sextile to Mars, the planet of action, in Aries. Mars is currently sandwiched between Jupiter and Mercury, both in Aries. Now that the Mercury retrograde period is over, you can use the power of this lunar aspect to look ahead and prepare yourself for growth and new beginnings you may have had to put on hold the last few weeks. This aspect also can be used to clear up misunderstandings between people or to participate in activities that are both physically and mentally stimulating with a friend or a group.

Put yesterday's plans into action on Tuesday, April 26th. The general tone of the day is much the same as Monday, with the moon still transiting the fixed air sign of Aquarius. This morning, the moon exchanges an optimistic sextile to Jupiter in Aries, giving you a green light to move ahead and expect things to work out in the best way possible. If you happen to be an inventor or designer of some kind, you may feel like you are in the state of creative flow where genius ideas come out of nowhere. All week, the sun in Taurus trine Pluto in Capricorn promises success if you just keep plugging along. In any given month, the Aquarius moon transit isn't always practical or purposeful. Sometimes it can be too far-out, future-oriented, or erratic, creating nothing more than some unexpected events, sensational celebrity news, and an increase in your social activities. This month, the Aquarius moon has back-up from planets that can ground the genius, humanitarian energy into real-time and make it stick. Perhaps society as a whole can benefit from these few special days and institute workable solutions to world problems.

James Arthur Ray Sweat Lodge Trial: Day 32

Crossposted from Reflections Journal.

Judge Darrow Rules on Prior Sweat Lodge Testimony

There were no big surprises in Judge Darrow's rulings this morning. Daniel Pfankuch is out. So is the 2005 sweat lodge entirely. He also ruled that there'd be no more prior incidents admitted because at this point it is cumulative. 

The testimony on prior incidents that has already been given will not be stricken -- at least not at this time -- which is what the defense had specifically asked for.

Judge Darrow also said that if the defense opens the door on prior incidents with their cross examination, he will allow the prosecution to pursue the issue on redirect.

James Arthur Ray Sweat Lodge Trial: Day 31

Crossposted from Reflections Journal.

Polk and Mercer Sort through Photos

Sheila Polk finished up strong today in her redirect of Debbie Mercer. She went straight for the weed barrier that Tom Kelly had claimed yesterday to be plastic. Mercer had explained that she thought it was fabric. But Polk set out to completely demystify it. It's a fabric barrier that Mercer described as ripping easily with with common garden tools. It is covered with a layer of course sand. So, no. It's not a candidate for creating any sort of airtight seal with the sweat lodge coverings.

Polk also asked Mercer about questions Kelly had asked her about the structure of the sweat lodge. Things like, did she know what a "heat barrier" was? That's a term from the Haddow email that Kelly tried unsuccessfully to ask/tell Mercer in his backhanded attempt to impeach her sweat lodge construction with testimony from an expert he never intends to put on the stand. Also to establish her culpability in the making of the faulty sweat lodge. Mercer had no idea what heat barrier meant. She did know where the heat came from, though. The rocks, the number of which were determined by the pourer: James Ray.

Then Polk asked her some specific questions on air circulation in the sweat lodge. Of course, this was also a bit over Mercer's head. She did assume, though, that the amount of time that the sweat lodge door was open would impact air circulation. The door was also controlled by Ray. Predictably, Kelly objected, pointing out that Mercer doesn't know anything about air circulation. Funny, because it was Tom Kelly who opened up that line of questioning in his zeal to introduce his highly selective reading of the never going to testify Rick Haddow. It turned out that Mercer didn't know anything about carbon dioxide, either.

James Arthur Ray Sweat Lodge Trial: Day 30

Crossposted from Reflections Journal.

There were all sorts of mad doings in the courtroom today as trial resumed from its extended break. But first some extraneous In Session material you may have missed. And what could more extraneous than an interview with Bob Proctor.

Bob Proctor is standing by his man James Ray. Although he does think that Ray law of attracted this mess to himself. He's not really sure how or why but, you know, the law of attraction works every time. Proctor was interviewed on In Session last Thursday. Fairly useless but for this one deliciously laughable tidbit. Asked about the myriad of academics and professionals who think Proctor's beliefs about the law of attraction are crazy, he said, "Well they obviously don't know what they're talking about." It made me chuckle only because I distinctly remember Bob Proctor admitting in The Secret that he doesn't know what he's talking about. The relevant bit of sheer nonsense can be found at about 13:00 on the counter in the above video.

Now if you don't understand it doesn't mean you should reject it. You don't understand electricity, probably. First of all, no one even knows what electricity is. And yet, you enjoy the benefits of it. Do you know how it works? I don't know how it works. But I do know this. That you can cook a man's dinner with electricity and you can also cook the man.

Cafe

Buy at Allposters.com

Around the Web, Around the World

"Why Shamanism Now?" with Christina Pratt

What Weather Teaches with Nan Moss and David Corbin

"We are passionate about using shamanic skills and practices to become fully human, about approaching and manifesting those potentials that human beings represent," say Nan Moss and David Corbin of The Shaman's Circle. "We are interested in using our knowledge, our minds, our emotions, and our bodies, to help support the well-being and evolution of this world and all its residents." Join Nan, David, and host Christina Pratt as we explore Weather Dancing, Cloud Dancing, and the intimate relationship between our inner states, the weather, and our ability to transform the damage humans are doing to the environment. Nan and David share the belief that through their shamanic practice, weather teachings, and through circles of Weather Dancers formed from their Weather programs, change can happen, wounds can heal, and nature and humans can work together towards an alive and vital future. Nan and David are our next guests for the Society of Shamanic Practitioners sponsored interview series. In this series we explore how contemporary shamans are meeting the challenge of their world where the relations of things are profoundly out of balance. It is the ancient role of the shaman in all cultures to tend the balance of things. How are these shamans meeting this extraordinary need today?

This week's guests:
Nan Moss & David Corbin

Nan P. Moss, C.S.C., and David Corbin, M.S., C.S.C., are faculty members of the Foundation for Shamanic Studies, teaching the beginning to the most advanced courses for the Foundation at locations throughout the Northeast, including Boston and New York City. Additionally, they lead 5-day shamanic workshops and month-long intensives at Esalen Institute in California.

Their interest in the spiritual aspects of weather is a longstanding one, and Nan and David have been teaching and doing research on the spiritual aspects of weather for more than 10 years. Their book, Weather Shamanism: Harmonizing Our Connection with the Elements was published in 2008 and their introductory workshop, WeatherDancing: Shamanism and the Spirits of Weather, has been offered in the U.S. and Canada since 1999. They also published CloudDancing: Wisdom from the Sky, a set of shamanic divination cards and guidebook using cloud images.

In addition to their training in core shamanism, Nan and David have also studied with indigenous healers from various cultures, including Siberian, Tuvan, Saami, Chinese, and Native American. They are founding members of the Society for Shamanic Practitioners. They have a private shamanic healing and counseling practice in Port Clyde, Maine.

Tuesday, April 19, 2011 at 11:00 AM Pacific

Log on to Listen
Why Shamanism Now? on Co-Creator Network
Questions? Comments? Call: 1-512-772-1938

All episodes are now available in the iTunes Podcast Library.