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James Ray Trial Day 13: Clueless in Camp Verde

When I media train my clients, I try to tell them that about three quarters of what people remember is what they see, not what you say.

Do you have a stain on your tie? Are you friendly? Do you look uncomfortable talking about certain subjects. Do you think people will like you.

As I watch this trial unfold – both in and out of the courtroom – I’m paying very close attention to what I see; clues, if you will, that a good jury member might remember. The way defense lawyers and James Ray shift uncomfortably during strong testimony from the state. The facial expressions of a witness. Even the demeanor of the judge during objections.

The way we communicate non-verbally is so important and, although it cannot be evidence in a criminal trial, what we say without ever speaking is probably as important as what we do say with our mouths.

So I’m frustrated that this current witness, Laurie Gennari, has chosen not to be on camera – a wish Judge Darrow has granted. Though I am entertained when James Ray’s ears get red when he’s seemingly uncomfortable, I find myself missing out on the gesticulations of Ms. Gennari.

That is not to say she isn’t entertaining. When defense attorney Luis Li went through his now routine litany of “nobody forced you to do x,y,z” questions, he asked: “Nobody tells you what to wear?” she replied with “You haven’t met my mother.”

When Li asked “James Ray didn’t force you to sign up?” Gennari replied with “There’s a complicated question.”

Shifting subjects once, he said “Now let’s talk about the vision quest.” Gennari: “Now let’s.”

Tone aside, being unable to see Gennari makes her less of a “character” in this story. Of course, the jury CAN see her, and I trust her tone matches her expressions. It was clear to any viewer that Lou Caci was frustrated, embarrassed that he was injured and then didn’t help anyone in the sweat lodge, and was disappointed and angry at the man who called him friend for 20 years. If you watched his testimony with your TV or computer muted, you would know that.

The defense, knowing Gennari was landing body blows on their client, brought up a lawsuit she filed last year against Ray’s company. That sparked nearly an hour of court debate, and an extended lunch break while the judge reviewed applicable case law (his body language was none too pleased to have to do so by the way).

Obviously the lawsuit could influence the jury as to whether Gennari is biased or not; her words make it clear that she has abandoned the teachings of Mr. Ray since spiritual warrior.

But I find myself yearning for more clues. After all it’s mostly what you see, not what you say.