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James Ray Trial Blog, Day 10: Information is Power

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

Trial Blog Day 8: Beverley Bunn’s Emotional Testimony

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.

James Ray Manslaughter Case: Media Clips

James Ray Manslaughter Case: Interview Transcripts