Thomas J. McFeeley Communications

The outcome of this trial will never bring “closure” to our grief. There is no way to fill the enormous hole that Kirby’s death leaves in our family. We will always long for her joy, enthusiasm, love and compassion.  Our hearts are forever broken by her death, just as our lives are forever blessed by her life. 

The family of Kirby Brown would like to thank the members of this jury who have set aside their lives for 5 months as they carefully considered the evidence presented to them.  We appreciate their dedication and careful discernment of the facts presented and regret that so much information which may have led them to a different conclusion was withheld from them. This trial has been a bitterly trying time for us, as well as for the families of James Shore, Liz Neuman, and Colleen Conaway – and those participants who have been traumatized by the events of the Spiritual Warrior Retreat. 

Our system is clearly designed to protect the rights of the accused and while many of the rules of evidence are proper, those same rules can be manipulated to confuse and obfuscate the truth.  Just because James Ray has been found “not guilty” of manslaughter does not mean that he has not conducted his business or his teaching recklessly for years. Rather, he escaped through legal loopholes. If he practiced what he preached, he would have accepted responsibility for his actions. He is a dangerous person who has shown little regard for the victims of the tragedy in Sedona.  He should not be allowed to lead events such as the Spiritual Warrior Retreat in the future. 

As the horrific details of the three deaths emerged in this trial, we realized that the potential danger posed by “self-help” gurus extends well beyond James Ray.  Since Kirby’s voice has been forever silenced, her family will now speak for her.  We have launched a not-for-profit organization, SEEK, (Self-help Empowerment through Education and Knowledge) to educate the public about the self-help industry. It will empower all seekers to ask important questions and consider possible “red-flags” before following a self-proclaimed “guru”, even if they have been vetted by the public media.  We will work to protect those desiring personal growth by exposing scam artists and frauds. 

SEEK will advocate for professional standards, and explore avenues of accountability for this totally unregulated industry. 

The SEEKsafely.org website is officially ready for participation. Kirby, our “super nova”would be proud that we stood together, each day to speak and seek the truth. 

We would also like to thank the Victim Services of Arizona, who have been incredibly gracious and helpful to the family and friends of the victims during this nightmare.  To the prosecutorial team and police investigators, who have not just been our “legal” defenders, but have displayed incredible compassion and sensitivity all throughout this trial, we owe a great debt of gratitude.

I’m a terrible golfer.

I know this. When I swing I have no idea where the ball is going, though I can reasonably assume it won’t go backwards, at least.  I’m more likely to chip a coffee mug than a golf ball into the hole. And, when on the putting green, I posses about as much touch as, say, Godzilla.

But I love to play. (If you define love as frequent pouting, throwing clubs and drinking enough beer during the round to eventually not care). So I’m very familiar with the term “mulligan.”

For non-golfers, a mulligan is essentially a do-over. When I hit a ball into the water, or the woods, or fail to reach the women’s tee – a got 1 or 2 chances a round to put down another ball and take my “mulligan”

Fellow Irishman Tom Kelly, the defense attorney for James Ray, seemed to take a mulligan today. After a round of questioning that he equated to “our fight” with prosecution witness Melinda Martin yesterday afternoon, he returned today in quite a different temperament.

His opening question to her was along the lines of “Would you agree that this jury is entitled to the truth without exaggeration, Miss Martin?”

Her claims to police and media in the days and weeks following the sweat lodge deaths that the scene was like a MASH unit and an EMT worker said it looked like a mass suicide (similar terms to participants descriptions by the way) served as exaggerations on her part. (Interestingly, with male witnesses, Ray’s attorneys tend to use sports analogies; with female witnesses, testimony is often guided or exaggerated by “emotion”)

Martin, Ray’s event coordinator (though her boss Megan Fredrickson served that role for the Spiritual Warrior event), hung tough. She thought carefully about her responses, at one point firing back “Now that’s an exaggeration on your part.”

Kelly also used her testimony to draw a legally-sketchy flowchart of the James Ray International Corporate structure. The new and improved, much friendlier Tom Kelly today, asked Melinda to walk him through various JRI employees to create a new (and surely more legal) flowchart.

Kelly’s questions were much less combative, he mentioned exaggeration only a couple of times almost matter-of-factly. As a result, Ms. Martin’s answers were more gentile and not as far-reaching. She never backed off those MASH/mass suicide statements, which I trust the state will revisit.

On a side note, Kelly’s numerous questions about the TV interviews Martin conducted may provide prosecutor Sheila Polk room to revisit them and their contents, either on redirect or perhaps as evidence. As Mr. Kelly knows, Ms. Martin mentioned the July death of Colleen Conaway during one of those interviews, including how the incident was kept from participants and herself.

James Shore and Lou Caci were among those who attended the event at which Conaway perished, and at which JRI employees lied about it.

If that evidence gets in, Mr. Kelly will not get a mulligan. He might have to put on the scuba gear to retrieve his “golf ball.” But it’s his client he would have sunk.

I am a fan of the New York Mets (one of my many faults, I know). Have been since age 4.

One of my favorite players, just a few years back, was a pitcher named Steve Trachsel. He worked very deliberately – yes, slowly – on the mound. People called him “the human rain delay” and said watching him pitch was like watching paint dry.

But I liked him because his deliberate nature allowed me to think about his next pitch as he did. Even when I saw him pitch in person several times, I could follow his thought process: Whether is was disrupting a batter’s timing, throwing inside or outside/up in the strike zone or down, when to throw to first, or which pitch to select in a certain count.

He wasn’t the best pitcher in the world, but to me, his approach was clear and I understood his strategies more often than not. But, I do admit, he was a nightmare for other people to watch.

I thought of him today watching the James Ray triple manslaughter trial. Today’s witness, Melinda Martin, is a former James Ray employee who was both at the Spiritual Warrior retreat and has spoken to the news media about the tragedy. Her testimony will not surprise the defense too much.

The defense attorney who will cross examine her is Tom Kelly. He is the man who has complained about the speed of the trial, complaining “I’m a busy man” who seemingly cannot afford a trial longer than anticipated. Every day he has objections and concerns, many relating to the 6^th Amendment (essentially the right to a speedy trial).

But he has objected dozens of times to the state’s questions to Ms. Martin. Form of the question. Leading questions. Lack of foundation. It seems as if he’s objected to about 50 percent of Sheila Polk’s questions (and winning many objections by the way).

Obviously, her testimony stands to be among the most damning for James Ray; she was employed for only a few months; had never been to Spiritual Warrior or one of Mr. Ray’s sweat lodges; spent a lot of time helping others and being shocked at the conditions people were in, only to be told it was “normal” and to assume a sunnier disposition about the whole experience.

So Mr. Kelly’s repeated objections are serving to: keep out damaging testimony, to throw the prosecutors off their game; and to play both sides of the same coin by working slowly while also complaining things are not moving quickly enough.

Aside from possibly frustrating a jury that is surely eager to move along, Kelly’s legal strategy is fairly sound. And, truthfully, many of Ms. Polk’s questions are inadmissible, perhaps her attempt to get the jury to hear things that they won’t forget, even if she needs to rephrase the question.

These are among the legal maneuvers designed to convict, or acquit, a defendant. It’s all part of the game. While Kelly’s stall tactics annoy me, I’m thinking maybe I young lawyer is watching him like I once watched Steve Trachsel.

Information is power. Limited information is dangerous.
That’s what I keep thinking as I watch this trial unfold. James Ray’s lawyer, Luis Li, told the jury in his Opening Statement that Angel Valley burned the sweat lodge within 48 hours of the incident. I remember being on a conference call of James Ray’s just five days after the event in which Barb Waters (a Dream Team member) talked about the closing ceremony to the event and about the healing power of burning the sweat lodge.
Every person there was given a match to help light the fire to destroy the sweat lodge. James Ray thanked Barb for summarizing the event and apologized for not being there (he left town hours after the sweat lodge).
So while I watch the trial, and listen to the commentators on InSession, I keep waiting for the evidence to surface. There was a reference to that conference call in court this week, so it’s probably a matter of time. Or perhaps it’s a matter of 509(b)(2) so some other legal clause that binds the proceedings in Camp Verde, AZ.
Even when the truth comes out, it can be shaded (or not properly illuminated) by the lawyers involved. Stephen Ray suffered a coma due to his injuries in the sweat lodge. He doesn’t know how he got out of the tent. He woke up 2 or 3 days later in the hospital. He remembers saying “I’ve got to get out of here,” verbalizing  the so-called “runner’s wall” he has experienced in marathons and triathalons. Defense Attorney Truc Do clarified that he didn’t specify that he has physical discomfort or other symptoms of illness. And several times she referred to his foggy/blurry memory, as if it happened due to a ragweed allergy.

The truth is Stephen Ray is a very likable witness. Soft spoken, in shape, doesn’t seem like he would hurt a fly. He takes care of himself and seemed like the kind of reflective person than could have benefitted by the teachings of a responsible mentor.

Today he has lost most of his sense of smell and taste. His memory sometimes suffers, as the defense has ironically used in its favor.

This prosecution witness has enabled the defense to score points in its several hours-long cross examination. As with all other witnesses, defense attorneys showed him the waiver that he had signed upon his arrival at Angel Valley. The fact that waivers do not apply in criminal situations – and that the only 3 waivers in question in this case are those of Kirby and James Shore (and if Liz Neuman signed one at all) – is never mentioned to the jury, at least not yet.

The defense keeps going back to the “poison theory”; in Stephen Ray’s testimony they cited two doctors reports that said he appeared to be a victim of poisons and not heat stroke. But the other 298 pages of his medical record were not presented as evidence. Li, in his opening, mentioned that the tarps were stored in a shed that contained rat poison.  That hearsay statement is not yet in evidence, yet hints of poisoning are sprinkled in throughout.

That’s where reasonable doubt comes in.

So the prosecution needed to score some points that the defense claimed this morning. Sheila Polk and Bill Hughes, the prosecutors, also have to try a case within a case, that these people died, and were injured, from something other than poison or other theories that pop up during the trial.

Only members of the jury know whether anyone “scored points” today. But in three months, when the jury convenes, will they even remember the subtleties of law or the highlights of anyone’s testimony.

Later in the day, Lou Caci was called to the stand as a prosecution witness. Again, I found myself thankful that Lou was well dressed, articulate and composed. In my mind, it’s helpful that participants were strong, successful, ambitious people.  But I don’t know if it’s helpful to the case, or to my cousin’s legacy. I do not want her remembered as a cult member; a freak who shaved her head (she cut it short, not bald). So personally I’m glad to see well-spoken, well-dressed people take the stand.

Lou’s testimony was difficult to hear. Liz Neuman’s death reminded him of the death of his brother and father (who died of cancer, according to his testimony) due to the way she was breathing in the lodge. He questioned why he returned to the sweat lodge after burning his forearm about halfway through. He wondered on the stand why he didn’t say anything about Liz’s struggles.

The prosecution is trying to get testimony included that James Ray was close enough to hear of Liz’s struggles; that testimony continues tomorrow.

But for tonight, I’m reminded that death and loss (of lives and long friendships) are all over this case. No matter what happens in this trial, Lou Caci will always wonder why he returned to the tent and then why he didn’t get Liz help sooner.

This trial — this Spiritual Warrior event — contains a lot of loss and pain. I hope the truth set us all free of that. But sometimes I doubt it will

All is fair in love and war. That’s what they say anyway.

But it still makes it hard to watch James Ray’s defense team cross-exam Dr. Beverley Bunn – the only Spiritual Warrior member to attend Kirby’s funeral or to ever make the trip to upstate New York to hug her parents.

Defense attorney Thomas Kelly was condescending, simplistic and insulting – all the things you would probably want in your lawyer if you were facing 30+ years in prison.

He needlessly asked her about her personal intentions for attending the event (dealing with relationships), suggested for a 2^nd time that she receive counseling following the sweat lodge and put her on the spot, asking if she – a medical doctor – offered help to Kirby, James or Liz in the sweat lodge. (She did not, not knowing the conditions of those affected in the pitch black tent. She did attempt to do CPR on Kirby and James after the lodge, but was held back by one of James Ray’s team)

Her distaste for Ray was palpable. Commentators on TV counted it as a negative, but so far she’s the witness who seemed closest to any of the participants. Bunn, Kirby’s roommate during the week, became close to Kirby over 5 days.  (For many people it only took 5 minutes. Some of those who cried the hardest after hearing of her death were those who met her only once.)

Beverley bravely stood her ground, often clarifying fine points for Kelly (Ray chose to work with her, she didn’t choose him, for example). She did not give the defense and inch, often answering that she could not answer a question (most of which she clarified for the prosecution on redirect).

Her discussion on Friday about the one person who skipped the “optional” yoga class resulted in an audio clip of Ray chiding that woman, saying she wasn’t playing “full-on” and that “if you’re half-assed here, you’ll be half-assed in life.”  She helped paint the picture that you did what Mr. Ray told you  and you assumed you’d be safe the whole time.

Bunn was followed by Stephen Ray (no relation to James Ray). Ray was a pleasant, credible man who had been to a number of James Ray events, but never to Spiritual Warrior or the sweat lodge. He listened to audio clips of both James Shore and James Ray.

Mr. Shore sounded strong, a man of strong faith, talked about his family being “the jewels of my life” and living honorably. Although Sheila Polk had played an audio clip of Kirby previously in the trial, it was difficult to hear James Shore’s voice. A hero in my book, he helped to drag one woman out of the lodge and returned to his place to help Kirby. The two, who had grown close during the week, died holding hands.

One of the James Ray clips played for Stephen Ray dealt with pushing your limits. And how honor comes from pushing through, even when things are uncomfortable. Stephen Ray had been to one sweat lodge previously. Admittedly he left quickly because it was uncomfortable. This time, though, he pushed through, trusting James Ray that he would learn from it, perhaps looking for a breakthrough.

Instead he powered through a few rounds. He did decide to leave – in the middle of a round. But before he made it to the door, he passed out. He woke up in the hospital a day or two later. He sustained long-term and permanent injuries.

All of this testimony made me pause and wonder what went through Kirby’s head. Did she feel like she was going to die? Did her early death in the Samurai game influence her decision to play full-on in the sweat lodge? Did James Ray’s encouragement-bordering-on-bullying of others convince her to stay one more round – that last round of her consciousness.

From the moment my Aunt Ginny called me the morning of Oct. 9, 2009, the story of the death of my cousin, Kirby Brown, has been surreal. But within an hour of receiving that call and doing a couple of Google searches on the deaths and James Ray, I knew it would quickly become a media circus.

I won’t claim to have x-ray vision 15 months into the future, but within days we had to prepare for an arrest, and a prolonged legal battle. So when March 1, 2011 finally rolled around – the beginning of the James Ray criminal trial for the death of Kirby and two others – it was a moment we had been anticipating.

As difficult as it was to face Mr. Ray in court during that first week – as myself, Kirby’s parents and members of the two other families did – we had somewhat prepared for that. When Beverley Bunn took the stand on Friday, it was a moment that shook me somewhat, for many reasons.

Beverley, an orthodontist from Texas, was the only participant of the Spiritual Warrior event who attended Kirby’s funeral. I remember when she was introduced to me in the parking lot outside of the church. Because I had been the spokesperson for Kirby’s immediate family, I was the recognizable face for her. When she was introduced to me by a friend of hers, I immediately hugged her, thanked her for coming and asked how she was. I will always admire her courage, her devotion to my cousin, and her strength for standing up and doing what was right.

So watching her on the stand, on live television from my couch at home I felt proud, scared, anxious, helpless, and protective. But as her testimony unfolded, I realized she needed no protection. She was strong, brave, and – most importantly for the case – had tremendous memory of the details of the sweat lodge and the entire event.

Because of her recall and memory she was able to offer evidence such as:
• Ray was harsh and callous to his students: When she told him on the fourth day of the six day event that she would cut her hair he said. “I don’t give a fuck what you do. Shave your head, don’t shave your head.”
• Despite the defense claim that participants had freedom of choice, Beverley made it clear that “things were not optional” and that you didn’t take on Mr. Ray.
• There was no medical staff on site, nor were there proper first aid kits (Tupperware container with Band-Aids and gauze)
• In addition to the deaths, serious injuries did occur
• A man who needed to use the bathroom was told by Mr. Ray to relieve himself inside the tent, where people were also vomiting and passing out.
• Following the sweat lodge, Mr. Ray and two of his top staffers – Josh and Megan Fredrickson – stood around, never assisting anyone.
• The events of the week, particularly the sweat lodge, were kept secret to participants, unless they haven’t to read the small print of the waivers.
• Where several people were sitting in the lodge and their positions outside in the chaotic aftermath.
• That she was prevented from attempting CPR on Kirby and James Shore.
• A clear, chronological timeline of the entire week’s events.

Beverley also helped change the face of the Spiritual Warrior participants. Here is a smart, savvy, successful woman, with multiple educational degrees, and who has owned her own orthodontics practice. The TV pundits have said after her testimony that this was not a “James Jones” situation, a classic cult/death incident in our history.

Hopefully that leaves the door open for people to ask about a leader’s influence, mind control and what behaviors, words and actions allow for smart, reasonable people to follow another into danger. A larger view of the week’s events, and the extreme use of Neuro-Linguistic Programming (NLP), will be necessary in this trial to convince the jury – and perhaps the public at large – that these adults were stripped of their ability to make rational choices.

It has been notable to me that Beverley, as was Kirby, was allowed to participate in Spiritual Warrior when typically attendees had to “graduate” to this pinnacle event. Many of those who attended – and many of those still firmly in James Ray’s camp – had attended several events, often across several years.  So, to me, the influence that Ray had over his followers began long before they ever arrived in Sedona. Those who were not fully conditioned through all of his events, were more cynical of his role in this tragedy when two people died that day (Liz Neuman died more than a week later).

I’m grateful that Beverley got to know Kirby; I’m grateful that she came forward almost immediately, first to be with my family, and then to tell the truth in the media; I’m grateful she remembers  important details; and I’m grateful for her strength and courage.

Her testimony continues tomorrow and my thoughts will continue to be with her and, as always, with our beloved Kirby.

AP Dr. Beverley Bunn Recalls James Ray Sweat Lodge and Aftermath - Oct. 21, 2009

NY Times Beverley Bunn 10.22.09 - Oct. 22, 2009

James Ray Sweatlodge USA Today Oct 27 20090001 - Oct. 27, 2009

AP: Employees of Sweat Lodge Leader Granted Immunity 020610

Ariz Republic The Relgion of Success Leads to Death - Feb. 20 2010

AP James Ray Bail Hearing Feb 23 2010 - February 23, 2010

James Ray Bail Hearing and Photo: Witness says he is worth $2.4 million - February 23, 2010

Lee Plentywolf Police Interview Transcript – Oct. 20, 2009

Brownan Richards Police Interview Transcript - Oct. 22, 2009

Daniel Pfankuch Police Interview transcript Oct. 31, 2009 – Oct. 31, 2009

Josh Fredrickson Police Interview Transcript – Nov 11 2009

Megan Fredrickson Police Interview Transcript – Nov. 18 2009

Laura Phillips Police Interview Transcript – November 24, 2009

Martha Sterm Police Interview transcript Dec. 2, 2009 – Dec. 2, 2009

Michele Pfankuch Police Interview Transcript - December 5, 2009

Josh Fredrickson Immunity Interview Transcript – January 14, 2010

Megan Fredrickson Immunity interview transcript – January 14, 2010

Supplement #140 Ray, Stephen transcript 012510 C23 – January 25, 2010