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YAVAPAI COUNTY ATTORNEY’S OFFICEFirm No. 00048700Sheila Polk, SBN 007514Bill R. Hughes, SBN 0019139Deputy County Attorney255 East Gurley StreetPrescott, AZ 86301(928) [email protected]
Attorneys for STATE OF ARIZONA
IN THE SUPERIOR COURT OF THE STATE OF ARIZONAIN AND FOR THE COUNTY OF YAVAPAI
STATE OF ARIZONA, Cause no. V1300CR201080049
Plaintiff,
vs.
JAMES ARTHUR RAY,
RESPONSE TO DEFENDANT’SMOTION TO RESTORE CIVIL RIGHTSAND SET ASIDE JUDGMENT OF GUILT
Defendant. Division 7
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The State of Arizona strongly objects to Defendant’s Motion to Restore Civil Rights and
Set Aside Judgment of Guilt for the reasons set forth below. The families of Kirby Brown,
James Shore and Liz Neuman, the three people Defendant killed in a reckless pursuit of
greed, also strongly object to the motions.1
As explained below, Arizona Revised Statutes § 13-907(A) specifically provides that
persons convicted of dangerous offenses are not eligible to have their judgments of guilt set
aside nor their civil rights restored. In addition, court action under A.R.S. § 13-907(A) is
discretionary. The offenses committed by Defendant in pursuit of financial gain are so1 The State respectfully requests leave to exceed the limitation set by Rule 35.1(b), Ariz.R.Crim.P. Trial in thismatter lasted approximately six months. Because this Court was not the trial judge and because the facts areimportant to the issue at hand, the State has included in this Response a summary of the facts established at trialwith references to the reporter’s transcripts and accordingly seeks leave to exceed the page limitation.
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consequential that they should never be removed from his record. Defendant needlessly,
disturbingly, inexcusably and unconscionably extinguished the lives of three completely
innocent participants who trusted him and who had paid him $10,000 to participate in his
seminar. As explained below, Defendant is rebuilding his self-help business, portraying himself
as a victim who has been mistreated by the criminal justice system. Setting aside his
convictions will only serve to hide the truth and would fail to protect the public.
Attached hereto are multiple letters from the parents, a spouse, brothers and sisters,
aunts and uncles, in-laws, cousins, and children of Kirby Brown, James Shore and Liz
Neuman. The families of the three victims are unified in their strong opposition to Defendant’s
motion, and their letters compellingly speak of the pain and sorrow that Defendant’s crimes
continue to cause in their lives. Based on the well-reasoned objections from the Brown, Shore,
and Neuman families, and the law, the motion should be denied.
THE FACTS
Because this Court was not the trial judge, and because the State is urging this Court to
deny Defendant’s motion given the enormity of the impact of the crime, the deterrent effect,
and the use of the sweat lodge as a dangerous instrument, the State recounts the facts as
established at trial.2
On February 3, 2010, Defendant was indicted on three counts of manslaughter, all class
2 felonies, arising out of the deaths of Kirby Brown (Kirby), Lizbeth Neuman (Liz), and James
Shore (James S.). The evidence at trial established that Defendant was a professional
motivational speaker who, through his company “JRI, Inc.” put on “seminars” throughout the
United States, with titles like “Harmonic Wealth,” “Creating Absolute Wealth,” “Practical
Mysticism,” “Modern Magic,” “Quantum Leap,” and “Spiritual Warrior.” (RT-3/2/11, 104-05.) In
2 The State hereby incorporates by reference the Trial Transcript.
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October 2009, Defendant conducted a 6-day seminar at Angel Valley, near Sedona, AZ, which
he promised would be a “ life-altering experience.” (RT-3/2/11, 105-06; RT-3/10/11, 140-41.)
The price was about $10,000 plus room and board ($1,600). (RT-3/18/11, at 137.) Many of the
participants had previously attended numerous other JRI events. (E.g. , RT-3/2/11, 104; RT-
3/4/11, 46; RT-3/9/11, 92-93, 223-26.) Defendant described the Spiritual Warrior event as the
“ top” of the pyramid of programs called the “ Journey of Power.” (RT-3/11/11, 20-21; RT-
3/16/11, 156.)
The Spiritual Warrior Program. From the very beginning of the event, Defendant
encouraged the participants to push themselves beyond their “ perceived limits.” (RT-3/15/11,
185-89; RT-3/23/11, 91-92, 98; Exhibit 761.) As was typical of his seminars, however,
Defendant did not disclose particular activities in advance. (E.g., RT-3/2/11, at 110-11; RT-
3/15/11, 187-88; Exhibit 199.)
At the welcoming ceremony, Defendant gave participants an “ enthusiastic talk” where
they were encouraged to “ let go of something” and “ play full on,” a term commonly used at
Defendant’s seminars. (RT-3/2/11, at 124; RT-3/4/11, at 232; RT-3/11/11, at 23-24; RT-
3/18/11, at 141.) To demonstrate their commitment, Defendant encouraged participants to take
part in a “ head shaving ceremony.” (RT-5/26/11, 235-37; see also RT-3/2/11, 123-26; RT-
3/9/11, 59-60; RT-3/25/11, 101-02.) Over 80% of the participants did so, with others cheering
them on. (RT-3/2/11, 125; RT-3/11/11, 37-38, 199.)
In the 5 days that followed, Defendant repeatedly talked about the participants
“ stretching [themselves],” in order to “ have an opportunity to grow,” and “ pushing past [their]
threshold[s].” (RT-3/15/11, 196; RT-5/26/1, 36, 189; see e.g. , Exhibits 749, 757.) He told
participants, thresholds were “ the body . . . trying to keep you small. So you have to push past it
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to be more.”3 (RT-5/26/1, 36, 189.) To this end, Defendant, assisted by JRI staff and “Dream
Team” volunteers, led the participants in a series of events and challenges during which
Defendant controlled their sleep, ability to speak and move, intake of food and water, and
where they could urinate and defecate. For example:
Recapitulation. Throughout the week, Defendant encouraged the participants to stay up
“all night long” and write in their journals, an exercise he called “recapitulation].” (RT-3/2/11,
132-33; RT-3/11/11, 36; RT-3/18/11, 144.) Defendant instructed them to write “how [they]
learned about sex, ... every sexual experience that [they] had, every person [they] had sex
with and how that made [them] feel.” (RT-3/11/11, 28; RT-3/15/11, 49; RT-3/23/11, 18.) He
also instructed them to write about losses and deaths they had suffered in their lives. (RT-
3/11/11, 35-36.) So instructed, some participants stayed up writing until the early morning
hours, and others stayed up all night. (E.g., RT-3/2/11, 133, 135; RT-3/18/11, 144; RT-3/25/11,
103-05.) Defendant also held “recapitulation exercises,” with “people crying, [Defendant]
talking to them about their past sexual experiences, digging deeper, bringing more emotion
out.” (RT-3/23/11, 16-20, 26-27.)
The Samurai Game. On Tuesday, Defendant placed the participants under a “code of
silence,” where they were not allowed to speak. (RT-3/2/11, 152, 154.) He then had them play
the “Samurai Game,” which lasted approximately 7 hours. (RT-3/11/11, 38-39.) During this
event, Defendant, dressed in a white robe with a gold crown, played “God,” and presided over
a series of competitions. (RT-3/11/11, 194; RT-3/15/11, 209-13; RT-3/23/11, 35.) JRI
employees and Dream Team members wore “black angel” costumes, and played “angels of
3 Another major theme was making a “commitment” to “play full on,” which meant “giving 100 percent, not quitting,pushing through whatever issues that come up.” (RT-3/15/11, 203, 205-206; Exhibit 758.) Defendant also talked“over and over” about death, and “ for something to grow, something has to die first.” ( Id. 218-20.) He stressed,“[Y]ou have to have a breakdown before you can have a break through.” (RT-3/23/11, 27-31; see also RT-3/2/11182.)
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death.” (RT-3/23/11, 34.) “The instructions were extremely vague,” and participants were “left
to figure out the rules” by watching others “die” when they “transgressed them.” (RT-3/2/11,
152-156, 166-69, 172; RT-3/11/11, 38-39; RT-3/18/11, 156.) Those who died sometimes had
to lie the same place for several hours and missed dinner.4 (RT-3/2/11, 161-64; RT-3/4/11,
54-60; RT-3/18/11, 159.) By the end of the game, everyone died. (RT-3/22/11, 47.)
The Vision Quest. After the Samurai game (which ended about midnight), Defendant
instructed the Dream Team to put the participants on their “Vision Quest,” during which each
participant was to spend the next two nights alone in the desert, to “meditate” and “have
visions.” (RT-3/2/11, 173-74, 186; RT-3/8/11, 19-20.) The participants— who were still under
their “code of silence”— were led to isolated locations in the desert, where Defendant had
instructed them to make a “medicine wheel” about 6 feet in diameter out of rocks and sticks,
and to stay inside the wheel, without food or water, “until they came to get us.” (RT-3/2/11,
175-77, 183, 186; RT-3/4/11, 61-62; RT-3/15/11, 56-57.) Defendant told the participants, if
they had to urinate or defecate, they were to do it inside their wheel. (RT-3/2/11, 176-77.) By
Thursday morning, when the Dream Team came to retrieve them, the participants had stayed
in their medicine wheels for 36 hours, without food or water. (E.g., RT-3/2/11, 186-88.)
The Sweat Lodge
After the Dream Team brought the participants “out of the wilderness,” Defendant gave
additional “lectures,” and held an “open mic” to allow participants to “share[]” their experiences
during the Samurai Game and the Vision Quest. (RT-3/2/11, 188-89; RT-3/8/11, 16, 29-32.)
4 For example, when one of the participants, Mellissa, broke the code of silence, she was instructed to lie down ona hard floor with her eyes closed, where she remained motionless for about 5 hours (missing dinner), exceptwhen the “Angels of Death” came and got her up to use the bathroom. (RT-3/2/11, 154-64.) By the end of thegame, one of the homicide victims, Kirby, who had also been “killed” very early on, had to go to the bathroom“very badly.” She was “shaking," and looked very nervous and uncomfortable, but was unable to talk because shewas still under Defendant’s “code of silence.” (RT-3/23/11, 50-51.)
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During this session, Defendant told the participants how “ appalled” he was at their
performance, and that they “ were so worried about dying that they had forgotten to live.” (RT-
3/11/11, 40.)
After that, Defendant announced for the first time that there would be a “ sweat lodge,”
which would be the “ pinnacle event.” 5 (RT-3/2/11, 189-90; RT-3/11/11, 44; RT-3/9/11, 97.)
According to Defendant, the purpose of the event was for the participants to experience
“ altered state[s] of consciousness,” and “ program” their goals into their “ unconscious minds.” 6
(RT-3/24/11, 209-12; see also RT-3/15/11, 262; RT-3/16/11, 205; Appendix A.) It was “ a way
to prove to [themselves] and . . . the universe that [they were] willing to do whatever it takes to
truly accomplish the intention [they had] said was the most important to [them].” (Appendix A.)
In this regard, Defendant promised:
Altered states. You’re gonna have if you choose to play full on which I’m gonnachallenge you to do, you’re gonna have one of the most intense altered statesyou’ve ever had in your entire life and may ever have in your entire life.
You will be in such an altered state, probably the most . . . profound altered stateyou’ve ever been in minus psycho activities. Seriously, I mean you, you may seevisions, it’s a, great opportunity for you to explore your own consciousness.We’ve had people who just don’t even know where they are anymore[Y]ou’re gonna be in an altered dimension literally [W]hat starts to happenand what has happened in years past is that you forget where you are, you forgetwhat you’re a part of and you know people start yelling crazy stuff in the lodge.
. . . . So it’s gonna be a great opportunity for you to be able to be lucid in anextreme altered state. And I can’t describe it to you till you’ve been there but
5 Except for a brief mention in JRI’s waiver form (Exhibit 199 [noting activities “ may include” a “ sweat lodgeceremony (a ceremonial sauna involving tight, enclosed spaces and intense temperatures)” ]), Defendant had notpreviously informed participants there would be a sweat lodge event. (RT-3/4/11, 53; RT-3/9/11, 97, 193.)6 Before going into the sweat lodge, Defendant gave two presentations to the participants concerning the event.The first was recorded in its entirety, and was admitted into evidence as Exhibit 747. The second presentation,which Defendant gave outside the sweat lodge (see infra, at 9-10; RT-3/9/11, 99-100), was not recorded.
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you’ll know what I’m talking about tonight when it’s done because it’s an extremealtered state.”
Appendix A.
In discussing the event, Defendant told the participants he had conducted numerous
sweat lodges in the past, and promised that it would be “ hellacious hot,” “ the most intense heat
[they] ever experienced in [their] entire [lives],” and they would “ feel like [their] skin was going
to fall off [their] bod[ies].” (Appendix A; RT-3/2/11, 196; RT-3/8/11, 246; RT-3/2/11, 196; RT-
3/24/11, 210-11; 3/26/11, 35, 191.) Nonetheless, he said: “ [Y]ou’ve got to just . . . surrender to
it,” and “ [Y]ou can do this. It’s just a matter of whether or not you will.” (Appendix A.) He also
told them:
• People may “ pass out,” but “ not to worry about it,” because, “ [W]e’ll drag you out by
your heels after it’s over with.” (RT-5/27/11, 47; RT-6/2/11, 194-95.)
• People may be “ vomiting and spitting [up].” (RT-3/2/11, 196; RT-3/11/11, 43; RT-
6/2/11, 30.) But “ don’t give up,” “ Just don’t think about it,” “ [E]ndure it.” (RT-3/2/11,
196.)
• People would “ feel like they were going to die, but [they] wouldn’t. ” (RT-3/2/11, 190-
94; RT-3/8/11, 246; RT-3/11/11, 43, 45; RT-3/15/11, 226; RT-6/2/11, 30.) They
would “ be able to push through it.” (RT-3/15/11, 223.) “ [They] just [had] to work
through it” and “ just deal with it.” (RT-3/24/11, 210).
• They had to “ surrender to the onslaught of heat in order to survive it.” (RT-3/2/11,
195.)
• “ [A]t a certain point, [people] may bump up against a threshold. That’s the body . . .
trying to keep [them] small. So [they] have to push past it to be more.” (RT-5/26/11,
36.)
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• The reason he did not do “ a winey ass lodge” like others did , was because “ when
[the participants] emerge[d]” from his lodge, they would be “different [people].”
(Appendix A; see also RT-3/24/11.)
At no point did Defendant warn the participants about the signs and symptoms of heat
illness (RT-5/26/11, 37, 118; RT-6/2/11, 31), much less that the “altered state” he promised
was the hallmark symptom of heat stroke.
Defendant gave the participants about 15 to 30 minutes to change clothes. (RT-3/18/11,
163; RT-3/25/11, 114-15.) In the meantime, he spoke to the Dream Team for about 10
minutes. (RT-3/8/11, 33-34.) He told them, “ [E]xpect that anything could happen. There could
be throwing up. Be expected that some people could get delirious and throwing up. Anything
could happen. It could get a little crazy, to expect it. It’s normal.” ( Id. , emphasis added.) There
was no discussion about what to do if “ things went wrong.” ( Id. 120; RT-3/23/11, 131, 137.)
Before going in , Defendant gathered the participants around a small fire to burn their
“ recapitulations journals,” and to participate in a ceremony called “sageing,” which he told them
would cleanse their “energies.” (RT-3/8/11, 53-55; RT-3/11/11, 44-45; RT-3/23/11, 110.)
Defendant instructed half of the Dream Team volunteers to go into the sweat lodge with the
participants, and the other half to remain outside (surrounding the tent), to “ hold sacred space,”
and put “ positive energy inside the tent.” (RT-3/8/11, 56, 207-08.)
Before going into the sweat lodge, Defendant declared that he was the “ master” of the
ceremony, and the participants must listen to his direction. (RT-3/3/11, 6; Appendix A [“ [Y]ou
don’t talk over me, you don’t say anything unless you’ re asked to say anything.” ].) He gave the
participants strict instructions about what they could and could not do. He told them that they
must enter the sweat lodge after him and move through the lodge only in a “ clockwise
direction.” (RT-3/2/11, 197; RT-3/9/11, 177-78.) He explicitly instructed them that they could-8-
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not leave the sweat lodge during “ rounds,” but if necessary, they could do so during the brief
periods between rounds, when the “ flap was open.” (RT-3/2/11, 219; RT-3/11/11, 50; RT-
3/15/11, 226-27; RT-5/12/11, 79; Appendix A.) He did not allow them to bring water into the
sweat lodge. (RT-3/2/11, 196; RT-3/9/11, 103.)
The sweat lodge was a low, tent-like structure, approximately 23 feet in diameter. (RT-
5/4/11, 236; Exhibits 144.) It was covered with tarps and blankets, and a “ big rubber deal” that
helped seal in the heat. (RT-4/6/11, 113-15, 141-42.) It had a single entrance, covered by a“ flap” made of sleeping bags. ( Id. 137.) Near the center of the dirt floor was “ the pit,” about 3
feet in diameter and 2 !4 feet deep. ( Id. 136; RT-3/17/11, 45-46; RT-3/22/11, 233.) Before
entering the sweat lodge, Defendant announced that the man who was heating the rocks said
they were “ hotter than they’d ever been before.” (RT-3/11/11, 44-45; RT-6/2/11, 143.)
Approximately 56 people entered the sweat lodge. (RT-3/8/11, 143; RT-4/22/11, 91.)
Defendant entered first, and the others followed, single-file. (RT-3/10/11, 241.) Defendant
directed the participants to sit in two circles, an “ inner circle” (surrounding the pit) and an “ outer
circle.” (RT-3/11/11, 46-47; RT-3/15/11, 225-26.) Defendant sat next to the tent flap, where it
was cooler.7 (RT-3/9/11, 149-153.) “ [N]o one was allowed to sit in front of Defendant.” (RT-
3/11/11, 52; RT-5/26/11, 42-43.) It was dark and crowded. (RT-3/3/11, 9; RT-3/9/11, 106; RT-
3/15/11, 232.)
Defendant told the participants that he “ normally started with 10 rocks,” but he “ felt
good,” so he would start with “ 12 rocks.” (RT-3/2/11, 209.) At Defendant’s direction, the fire
tender brought in the glowing rocks on a pitchfork, and put them into “ the pit.” 8 (/d.; RT-3/9/11,
7 In between rounds, Defendant put his head “ as close to the outside as possible.” (RT-5/12/11, 75-76.)8 The fire tender, Ted Mercer, started heating the lava rocks in a fire about 2 hours before the ceremony, to getthem “ glowing red,” and “ as hot as possible.” (RT-4/6/11, 145-47, 159-60.)
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102; RT-3/11/11, 51.) Defendant called the rocks “ grandfathers,” and instructed the
participants to “ greet the rocks.” (RT-3/2/11, 209-10; RT-3/10/11, 12.) He ordered the door
keeper to close the “ tent flap,” and poured water from a bucket over the rocks, causing a “ blast
of heat.” (RT-3/2/11, 209-10; RT-3/15/11, 234-36; RT-3/17/11, 177 [“ [l]t’s like an explosion.” ].)
The “ ceremony” lasted about 214 hours, divided into eight “ rounds.” (RT-3/8/11, 78; RT-
4/6/11, 195; RT-5/12/11, 78; RT-5/27/11, 80.) Defendant controlled how long each round
lasted, and when the next round began.9 (RT-3/9/11, 104; RT-3/11/11, 77; RT-3/15/11, 254-
55.) At the beginning of each round, Defendant told the fire tender how many more rocks he
wanted. (RT-3/3/11, 190; RT-3/9/11, 104; RT-3/15/11, 254-55.) Each time, Defendant poured
water onto the rocks, and the steam would “ rise up.” (RT-3/9/11, 105, 153; RT-3/11/11, 52-53,
122.) Soon it became difficult to breathe, and participants began to lie down: (RT-3/11/11, 67,
78-80, 84; RT-5/26/11, 43-44, 49; see also RT-3/25/11, 21.)
When participants attempted to leave between rounds, Defendant pressured them not
to, saying things like: (i) “ Come on warrior. You’re more than that. Live impeccably. You can do
it” ; (ii) “ You’re stronger than this. It’s mind over matter. You’re stronger than your body” ; and
(iii) “ You are not your body,” “ You are above your body.” 10 (RT-3/2/11, 221-22; RT-3/10/11,
17; RT-3/11/11, 75, 85; RT-4/8/11, 159-60; RT-4/20/11, 276-77.) He also repeatedly
encouraged those who left to return, telling them, “ Come on warrior. We need you. We need
your support,” and “ [C]ome back in and honor your commitment.” (RT-3/2/11, 213-14; RT-
3/8/11, 75-76; RT-3/15/11, 237-38; RT-4/1/11, 46-47, 66-67.)
9 The first round was about 20 to 25 minutes. (RT-3/11/11, 54.) The remaining rounds were each about 15minutes. ( Id. 97.) The breaks between rounds lasted only about 3 to 5 minutes. (RT-3/11/11, 77, 83, 88-89; RT-5/12/11, 74 [5 to 10 minutes].)10 At one point, a man asked how he could relieve himself. (RT-3/11/11, 97.) Defendant said, “Do what you can dowhere you’re at.” ( Id. ] RT-4/8/11, 171.)
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As the temperature rose, “A lot of people seemed out of it.” (RT-3/2/11, 222-23.) There
was “[a] lot of moaning, people lying down, some delirium, confusion.” ( Id. ) Some people
began to throw up on those sitting next to them. (RT-3/11/11, 151.) Others began passing out,
and were dragged outside. (RT-3/2/11, 235; RT-3/9/11, 107-10, 199; RT-3/15/11, 241-42; RT-
3/18/11, 189; RT-4/8/11-166-67; RT-6/3/11, 55.)
Defendant knew people were passing out because he had positioned himself by the tent
flap through which they were being dragged. (RT-3/9/11, 150-153; RT-3/11/11, 116; RT-
3/16/11, 236; RT-3/23, 145; RT-3/24/11, 227; RT-3/25/11, 119; RT-4/8/11, 145-47, 160, 167.)
However, at no point did he stop the ceremony, or check on the condition of the participants.
(E.g. RT-3/2/11, 226; RT-3/9/11, 110, 152; RT-3/10/11, 203; RT-3/11/11, 112-13; RT-3/15/11,
256-58; RT-3/22/11, 151; RT-3/23/11, 151; RT-4/1/11, 61; RT-4/8/11, 166-67.) In fact, he
continued to insist that, even those who had passed out could not be removed “during” rounds,
but only during the brief breaks between rounds.11
By the third or fourth round, those inside the sweat lodge began to display unmistakable
signs of confusion and irrationality. A male participant began “raving and thrashing,” and a
couple of men “wrestl[ed]” him out. (RT-3/18/11, 189-90, 230-31 [“He was punching people
and flailing”].) Later, another participant, Lou Caci, became disoriented and his arm ended up
in the “pit,” where the glowing rocks were, and let out a “blood-curdling scream,” and other
participants pulled him from the tent.12 (RT-3/2/11, 224-25; RT-3/8/11, 64; RT-3/16/11, 218-
11 For example, during one of the early rounds, someone said, “the person next to me his passed out,” butDefendant said, “[W]e’ll get to them after the round is complete.” (RT-3/15/11, 241-42.) On another occasion,someone said, “She’s having trouble. She’s having trouble.” (RT-3/25/11, 125-26.) Defendant said, “[S]he’ll beokay. Just let her breathe or leave her alone. She’ll be alright.” (Id.) Similarly, during one of the middle rounds,after several people had been dragged out unconscious and the flap was closed, someone said, “ fWJait. There isone more. [But] Defendant said, well, you will have to wait until the next round.” (RT-3/9/11, 107-08, emphasisadded.)
12 Lou recalled that he became “woozy,” and when the flap opened at the end of the round, he thought theceremony was over, and “went right for the rocks.” (RT-3/16/11, 218-19, 223.) Sara Mercer (the fire tender’s
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21; RT-3/17/11, 234.) At another point, after Defendant ordered more rocks, his operations
manager, Megan Fredrickson, said, “James, these people are your responsibility.” (RT-6/3/11,
208-09, 216.)
As the “ceremony” moved into its second half, matters escalated still further:
• By round five, people were screaming, throwing up, crying, and babbling. (RT-5/26/11,
52.) A man in the back started yelling, “I can’t take it. I can’t take it. I have to get out of
here. I can’t take it anymore.” (RT-3/11/11, 89.) But when he lifted up the back wall of
the tent, Defendant demanded, “[C]lose the back of the tent,” and proclaimed, “[T]hat
was a sacrilegious act.” ( Id. 89-90; see also RT-3/2/11, 237-38; RT-3/10/11, 191-92,
248-49.)
• About the same time, Sean Rohan passed out, and remained lying there, undiscovered.
(RT-6/3/11, 209-10.)
• After round five, William Barratt (aka “Scott”), who was returning to the sweat lodge after
a break, found his way blocked by a “bigger woman” (probably Linda Andresano), who
was “stretched out in that area,” and “just lying face down.” (RT-3/24/11, 227-28, 239.)
Defendant asked another man to “move her back,” and the man said, “I can’t. She’s
laying on my ... legs.” (RT-3/24/11, 228-29; RT-3/25/11, 81-82.) So Linda stayed there,
with her head facing the pit. (RT-3/24/11, 230-232.)
• Even some of those participants who left the sweat lodge between rounds continued to
display signs of disorientation and distress. For example, one of the young women who
daughter), who was stationed at the door, recalled the incident happened between rounds, as Lou was attemptingto crawl out. (RT-5/12/11, 82-85.) Brandy Rainey, who was also outside, said Lou was “out of it,” was “notresponding to people,” and was “just sitting there, like, in a daze.” (RT-5/26/11, 61, 199; see also 3/8/11, 70.)Nevertheless, Defendant did not stop the ceremony, or check on Lou. (RT-3/2/11, 226; RT-3/16/11, 226' RT-4/8/11, 163-65.)
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left was hallucinating and saying she “ didn’t want the Indians to get her,” and she
wanted to “ go home.” (RT-3/8/11, 114-15.) In an incident recalled by numerous
witnesses, Dennis Mehraver crawled out of the sweat lodge and began vomiting on
those who were laying on the plastic. (RT-3/8/11, 59; RT-3/10/11, 18-19, 127-28; RT-
3/23/11, 125-26.) He remained in that state for about 20 or 30 minutes, and then began
screaming, “ I don’t want to die. I don’t want to die. . . . [M]y heart, I don’t want to die.” 13
(RT-3/8/11, 60; RT-4/8/11, 160-61; RT-5/26/11, 73-74.) He continued to scream
hysterically for 5 to 15 minutes. (RT-3/8/11, 61; RT-5/12/11, 86.) While the Dream
Team members were tending to him he “ went limp,” and “ stopped breathing.” (RT-
3/8/11, 61-62; RT-3/9/11, 37.) Then he “ was back.” (RT-3/8/11, 61-62; RT-3/10/11, 22.)
Nevertheless, Defendant did not come out of the tent, or check on Dennis. (RT-3/8/11,
62-63; RT-3/9/11, 109-10; RT-5/26/11, 74-75.) Indeed, he said, angrily, “ [G]et him out of
here, get him away.” 14 (RT-3/9/11, 109-10.) He also said, “ You’re more than that. It’s a
good day to die. You’ll be okay.” (RT-4/8/11, 162, emphasis added; see also RT-4/1/11,
60-62; RT-4/6/11, 199-01; RT-5/26/11, 74-75; RT-6/2/11, 52.)
• After Dennis crawled out, Ami Grimes passed out and fell on Kim Brinkley’s back, and
Kim yelled for 20 or 30 seconds (“ Someone is passed out on me. You need to come get
her. She’s passed out” ). (RT-6/2/11, 41-43.) Eventually, four people carried Ami out “ by
each limb,” past Defendant’s position at the door, and put her down on the tarp “ on her
13 Perhaps referring to the same person, Stephen Ray heard a man yelling, “ I can’t breathe. I can’t breathe.” (RT-3/15/11 , 244-45.) And then he said, “ I feel like I’m having a heart attack.” ( Id. ) Again, Defendant did not react. ( Id. )14 When Melinda Martin (a new JRI employee) demonstrated concern about Dennis’s condition, she was scoldedby Marta Reis, a Dream Team volunteer: “ [J]ust get that look off your face. The people are going to thinksomething is wrong. . . . [T]his is normal. This is what goes on. These people are having their own experiences.You need to let them experience what they’re going through. You need to not try to alter that. This is theirindividual experience.” (RT-3/23/11, 124-25.)
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tailbone,” and began hosing her off.15 (RT-5/26/11, 75-78, 81.) After several minutes,
Ami regained consciousness, and began throwing up repeatedly. ( Id. 78-79, 94, 97.)
“She had no recollection of how she had gotten there or what was going on or why she
was where she was.” ( Id. 78.)
• Between rounds five and six, someone began yelling, “[S]he’s not responding,” and then
later, “She’s not breathing.” (RT-3/18/11, 211.) In response to the second statement,
Defendant said, “[L]eave her there. We’ll deal with her at the end of the round.” (RT-
3/18/11, 211-12.) During this same break, a participant named Lynette came out, and
began “kicking and crying and just kind of shoving the Dream Teamer [who] was helping
her.” (RT-5/26/11, 71.) She was yelling “she wanted to go back to the way she was
before.” ( Id. 71-72.) Defendant did nothing. ( Id. 73.)
• During one of the latter rounds, Kirby began “deliriously” rocking back and forth,
repeating,'‘[W]e can do it, we can do if in a very loud voice, prompting others to tell her
to “shut up” and “stop saying that.”16 (RT-3/2/11, 228-29, 231; RT-6/2/11, 203-09)
(emphasis added). After that, Melissa Phillips heard Kirby “gurgling” and “snorting,” and
Melissa mentioned “five or six times,” “quite loudly,” that there was “something wrong,”
and “she needs to be taken out.” (RT-3/2/11, 232-34.) But someone else said, “She’s
fine.” ( Id.\ RT-3/3/11, 13-14.)
• During one of the breaks, Laura Tucker and Laurie Gennari became concerned about
Liz, who was sitting between them. (RT-3/4/11, 92; RT-3/18/11, 172, 192.) Liz’s face
looked “similar to somebody who is very drunk,” and she was “sort of spacey and lolling
15 About the same time, Bill Leversee and Dennis, both of whom were already outside, began “projectile vomitingon each other.” (RT-5/26/11, 73-74, 77, 82.)
16 Kirby had previously exhibited the same strange behavior during the fourth round, with similar results. (RT-6/2/11, 203-06; see also RT-3/2/11, 223-24.)
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her head.” (RT-3/18/11, 193.) Laura called out to Defendant, saying, “ James, I’m
concerned about Liz.” (RT-3/4/11, 94-95; see also RT-4/8/11, 168; RT-4/20/11, 278.)
When Defendant did not respond, Laura repeated herself, more forcefully. (RT-3/4/11,
95.) Defendant then said, “ Liz has done this before, Laura. She knows what she’s
doing.” (RT-3/4/11, 95-96; RT-3/18/11, 199; RT-4/8/11, 168-170; RT-4/20/11, 278; RT-
6/2/11, 151.) Defendant did not ever check on Liz. (RT-3/4/11, 95-96.)
• During the break after round six, Sidney Spenser “ passed out with her chin to her
chest.” (RT-6/2/11, 190-91.) Dawn Gordon and James S. called her name, but she did
not respond.17 ( Id. 191.) James S. announced, “ I need help pulling her out.” ( Id. 192.)
Eventually, James S. and another person dragged Sidney out the door, right past
Defendant. ( Id. 192-97; RT-3/11/11, 113-16, 119.) After James S. returned, a man from
the back said, ‘7 can’t get her to move. She’s not breathing.” (RT-3/11/11, 116-17,
emphasis added.) Defendant closed the door and said: “ [T]he door is now closed. This
round has now begun. We’ll deal with that at the end of the next round.” 18 ( Id. 117-18.)
• About round seven, Stephen Ray felt something was “ really wrong,” and said, “ I got to
get out of here.” (RT-3/15/11, 246, 248, 250; RT-3/16/11, 106-07, 112-13, 185.)
Although the round was not over, and it was still dark,” he began “ feeling [his] way out.”
(RT-3/15/11, 248-49.) But as he was “ crawling and feeling,” he passed out. ( Id. )
• Eventually, Kirby, who had earlier been rocking back and forth, repeating “ We can do it,”
began having audible trouble breathing, and James S. and Dawn kept talking to her,
telling her, “ keep breathing.” (RT-6/2/11, 211-14, 221.) During an ensuing break, James
17 Dawn was not too alarmed when Sidney passed out, because during the “briefing,” Defendant had had said itcould happen. (RT-6/2/11, 195-96.)
18 At the end of the round, Defendant did nothing. (RT-3/11/11, 121.)
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S. yelled out, “ [W]e need your help over here.” (RT-6/3/11, 43-44.) Nevertheless the flap
closed. ( Id. ) When the flap opened at the end of the seventh round, Kirby was still in the
same place, and her breathing was unchanged. (RT-6/2/11, 223-24.) Although James
S. announced, “ I need help getting her out,” or “ I need help over here,” no one
responded. (RT-6/2/11, 224-25; RT-6/3/11, 45-46.) After the flap closed, Defendant
announced, “ No one is leaving at this time.” 19 (RT-6/2/11, 225-30; RT-6/3/11, 46.)
• During the break after round seven, Lou, who had previously left the sweat lodge after
burning his arm, returned (later admitting he was not “ clearheaded and of sound mind” ).
(RT-3/8/11, 69-71; RT-3/17/11, 183.) In so doing, he passed right by Defendant. (RT-
3/16/11, 236; RT-3/17/11, 176-77.) After entering, Lou saw Liz lying on top of another
woman, who was saying, “ Could you help get Liz off? Can you get Liz off me?” (RT-
3/16/11, 237-38, 242; RT-3/17/11, 179-81.) Liz was breathing heavily, and looked
unconscious. (RT-3/16/11, 238-45; RT-3/17/11, 179-81.) At some point, Laura Tucker,
who was sitting next to Liz, asked “ Liz, Liz, do you want to leave?” (RT-3/18/11, 196-97,
199-200.) Liz said, “ [No], no, no.” ( Id. ) She sounded like someone who was “ very very
drunk.” ( Id. 199.)
• During the same break, Michael Olesen, who had been outside, also returned. (RT-
3/10/11, 182-84.) As he entered, he tried to get by Kristina Bivins, who was “ babbling,”
and not making “ any sense.” ( Id. 280-81.) “ [H]er body was twitching and she just had
this glazed look on her face.” ( Id. ) Michael stopped and waited for her to “ swing around”
19 Dream Team member Mark Rock similarly recalled that, about the end of the sixth round, he began to hearKirby “ gurgle” (it sounded like “ somebody gurgling their last breath” ), whereupon he heard somebody say, “ Kirby’sin trouble. She needs to get out of here now.” (RT-5/27/11, 64-65 [“ It was very clear. You could hear the words.Kirby’s in trouble. She needs to get out of here.” ].) Defendant said,“ [W]ere closing the gate. We’ll take care of herafterwards” (or “ we’tl deal with that afterwards” ). { Id. 65-67.) Nevertheless, at no point thereafter did Defendantask how Kirby was doing, or check up on her. (RT-5/26/11, 76; RT-6/1/11, 92.)
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so he could get by. ( Id. ) However, “ [S]he wasn’t responding.” ( Id. ) Defendant said, “ get
out of the way and let [Michael] in.” ( Id. 281-82.)
• About this time, Laurie Gennari said, “ I can’t do this” and “ totally freaked out,” and “ took
off crawling as fast as she could clockwise” toward the open flap. (RT-3/18/11, 200.)
However, when she got about 4 feet from the opening, Defendant “ bellowed,” “ [N]o.
You’re too late. The door is closing. Find yourself a spot. We’re starting again.” 20 ( Id. ,
201-02, 206; RT-3/22/11, 218.) When the round was over, she “ blacked out” as she
was trying to exit, and later had to be assisted out. (RT-3/18/11, 203-04, 220-22, 230.)
• While the tent flap was still open at the end of the seventh round, Angel Valley
employee Fawn Foster, who was sitting outside, heard a male voice say, “ there is three
people down back here." (RT-4/1/11, 65, emphasis added.) Defendant said, “ [A]re they
still breathing?” ( Id. ) Fawn did not hear the answer. ( Id. ) Defendant then said, [L]eave
them there. We have one more round. ( Id. 65, 271, 275-76.) Recounting the same or a
similar event, Debbie Mercer (the “ door keeper” ) testified that, after the seventh round
(when the door was still open), a male told Defendant that two people were
“ unconscious” and would not “ react or respond,” and that Defendant said, “ They’re
where they need to be. There’s only one more round. They’ll be okay until the end.”
(RT-4/8/11, 186-87; RT-4/20/11, 34-36.) He then directed that the door be closed. (RT-
4/8/11, 186-87.) Sara Mercer, who was also stationed outside the door, similarly
recalled that someone inside the sweat lodge said, “ [A] few people were unconscious,”
20 When later asked why she did not keep going when Defendant told her to stop, Laurie emphasized Defendant’s“big, authoritative voice,” and stated:
I froze. I didn’t stand a chance. I was tired. I was hungry. I was terrified. I was panicking. I just—none of my rational senses were functioning at that point.
(RT-3/18/11, 206-08; RT-3/22/11, 218.)
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and asked if they should be taken out. (RT-5/12/11, 81.) To this, Defendant responded,
“[N]o. There is one more round left, they’ll be okay.” ( Id. 81-82, 88-90, 138-39.)
• During the last (eighth) round, Defendant instructed everyone to “lay down,” because
that round was “going to be hot.” (RT-3/10/11, 184.) Michael Olesen noticed a “large
woman” (Linda) who was “leaning against the outer wall of the structure” with “stuff
running down her nose,” and “wasn’t responsive.” ( Id. 183-85.) Michael kept asking for
someone to help him lift her down, but no one did. ( Id. 185-86; see also RT-3/17/11, 33-
35.) After a while, Defendant shouted, “[L]eave her. She’ll be fine. Lay down.” (RT-
3/10/11, 187.)
• For the first half of the eighth round, James S. was encouraging Kirby to breathe, and
telling her it was “going to be okay.” (RT-6/3/11, 47, 51.) He apparently lifted up the side
of the tent, to get Kirby (or himself) some fresh air, which caused a bright light to come
into the lodge. (RT-6/2/11, 183-86, 231-33.) Defendant said,“Turn off the light.” ( Id. 187,
232.) The light went out. ( Id. 233.)
Defendant finally announced that the ceremony was over. (RT-3/8/11, 78; RT-3/17/11,
37.) He came out first, followed by his assistants, Megan Fredrickson and Taylor Butler. (RT-
3/23/11, 153; RT-4/8/11, 188-89.) Defendant raised his arms, and said, “[H]ose me down.”
(RT-4/1/11, 67.) He sat in a chair, in the shade.21 (RT-4/8/11, 193-94; RT-4/26/11, 154; RT-
5/12/11, 104.) He turned to his personal assistant, Taylor, and asked her, “What did you think
about it?” (RT-5/26/11, 92-93.) Taylor said, “[N]obody does a sweat lodge like you, James.”
( Id.)
21 As indicated above, Defendant’s good health after the ceremony may be attributable to the fact that, throughoutthe ceremony, he had stationed himself next to the door of the sweat lodge, where it was cooler. Furthermore,although Defendant did not allow others to bring water into the sweat lodge, he was able to dip his hand in thebucket of water he used to douse the stones, and “splash himself with the water.” (RT-4/20/11, 41-43.)
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Aftermath, Part l.
The scene that followed was later described by witnesses as “pandemonium,” and “total
chaos.” (RT-3/2/11, 242; RT-3/23/11, 152-53; RT-4/26/11, 152.) Several people were
unconscious and had to be dragged out of the tent. (RT-3/9/11, 116-19, 154-57; RT-3/10/11,
194-97; RT-3/11/11, 125-29; RT-3/23/11, 155-56.) “People were throwing up. People were
moaning. People were asking for help. People couldn’t walk.” (RT-3/2/11, 242; RT-3/3/11, 25;
see also RT-3/17/11, 41 [“[l]t looked like a battleground.”].) Some people were “struggling for
air at times,” and “just very delirious or ... disoriented.” (RT-3/10/11, 200.) “[A lot of people] just
laid there. They were very shallow breathing. They looked like an animal that you’d see on the
side of the road that’s been hit by a car, just barely hanging in there. (RT-3/23/11, 140.)
• Sidney, who James S. dragged out after the sixth round, was still unresponsive. (RT-
3/11/11, 133.) People were calling her name, begging her to talk to them. ( Id. 133,
141.) “There was mucus coming out of her nose and mouth. Her eyes were rolled back
in her head. She was barely, barely breathing. Just making this sound and not even
gasping for air. Not enough would go in.” ( Id. 134; RT-3/17/11, 252-54; RT-3/23/11,
149-50.) Her “body temperature was hot to the touch, but she was shivering.” (RT-
3/11/11, 138-39.)
• Linda, the heavy-set woman whom Defendant had pronounced as “fine” before the last
round, had to be dragged out by two or three people. (RT-3/17/11, 38-39; RT-3/24/11,
237-41.) Others were encouraging her to breathe. (RT-3/24/11, 241; see also RT-
3/11/135, 141-44 [describing a heavy-set woman as unresponsive, and breathing in
“short, short, short breaths”]; RT-4/20/11, 46-47 [describing a “large” woman who was
“not talking coherently,” and whose “eyes were rolling.”].)
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• Stephen, who had passed out in the sweat lodge during one of the later rounds, was still
“gasping for air,” and had mucus coming out of his nose and mouth. (RT-3/11/11, 135-
36; RT-3/17/11, 31.) “[A]ll of his blood vessels had burst in his eyes.” (RT-3/11/11, 135-
36, 147-48.) His “back was arched,” his eyes were “rolling all over his head,” and he
was breathing “really fast.” (RT-3/18/11, 213-14; RT-3/23/11, 152.)
• Tess Wong, who was lying face down, had a “horrible sound coming from her, like
snorting.” (RT-5/26/11, 86, 122.) When others rolled Tess over, “[She] was having a
seizure.” { Id. 86.) “There was foam coming out of her mouth, and her eyes were rolled
back in her head.” { Id. 87, 122; RT-6/3/11, 68, 83-84.)
• Kristina, whom Michael had seen “babbling” inside the sweat lodge,22 was lying on the
ground, “yelling profanities,” kicking her legs in the air and flapping her arms, and
calling, “James Ray, James Ray.” (RT-3/11/11, 151; RT-3/23/11, 156-57; RT-5/26/11,
88-90.) “Her eyes were huge,” and her “pupils were all dilated.” (RT-3/11/11, 158.)
When told she was asking for him, Defendant “talked to her for a second or two,” and
pronounced, “she’s fine,” and “she’s just having an [out of body] experience.” (RT-
3/10/11, 201.)
• Two people dragged Liz out of the tent. (RT-3/8/11, 81.) She was “incoherent, eyes
closed, moaning.” { Id. ) People tried to get her to respond, but she did not. (RT-3/9/11,
161; RT-3/23/11, 164.) Her breaths were very shallow, and there was “saliva and foam
coming out of her mouth.” (RT-3/9/11, 161, 202-03; RT-3/23/11, 164.) Once she had
been hosed down with water, her skin became “very very cold.” { Id.)
22 After the ceremony concluded, Michael and another participant dragged out Kristina, who was “ hanging onto . . .
a string that was wrapped around the structure.” (RT-3/10/11, 195-96.) As Michael described it, “ [W]e had to, like,pry her hands off . . . because .. . she wasn’t going to get up or crawl or do anything. . . . She was in a differentstate. ” ( Id. )
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After about 15 minutes of tending to others, Debbie Mercer looked into the back of the
sweat lodge and saw three people lying there, two of whom she later learned were James S.
and Kirby. (RT-4/8/11, 192-93, 206; RT-5/12/11, 90-91.) She looked for help, but “everyone
[she] saw was helping someone else,” so she ran to Defendant, who was still sitting in his
chair. (RT-4/8/11, 193.) She told him there were three people still in the sweat lodge, asked if
she could open up the back of the lodge to get them out. ( Id. 193-94; RT-5/12/11, 91; RT-
4/1/11, 68.) He said, “[N]o, unless it’s absolutely necessary.” (RT-4/8/11, 194; RT-5/12/11, 91;
RT-4/1/11, 68, 73.) Debbie ran around to the back of the lodge, but was unable to lift the tarps
and the blankets. (RT-4/8/11, 195.) She called for help, and was joined by her 17-year-old
daughter, Sarah, who helped removed James S. and Kirby. ( Id. ] RT-5/12/11, 91.) Their “lips
were blue” and their faces were “ashen gray.”23 (RT-4/8/195, 207.) Neither was breathing. ( Id.
198, 207; RT-3/8/11, 82.) Debbie began screaming for help. (RT-4/8/11, 198.) In the
meantime, Ted Mercer (Debbie’s husband), helped Sarah pull out the third person, a “large
male” (probably Sean Rohan, who had passed out during the fifth round).24 (RT-4/6/11, 205-
07; RT-4/8/11, 206-07; RT-4/27/11, 244.)
Following Debbie and Sara’s discovery of Kirby and James S., Dream Team member
Jennifer Haley ran to Defendant, who was still sitting down, drinking water. (RT-3/8/11, 102-
03.) She told him “two people weren’t breathing,” “[h]e needed to come over there.” He said,
“get the nurse.” ( Id. 103.) Jennifer (who did not know of any nurse) began screaming, “[W]ho’s
the nurse? Where’s the nurse?” ( Id. 103-04.) She then ran back to Defendant, and said,
23 As described by others, James S. “wasn’t breathing and there was foam coming out of his mouth.” (RT-3/8/11,102.) Kirby was making a “really horrible sound,” and had “bile or vomit” coming up out of her mouth, and nopulse. (RT-3/23/11, 159; RT-3/24/11, 116-17.)
24 When Sean “[came] to,” he was “unable to open [his] eyes,” had “extreme pain in the back of [his head] and[his] back,” and was “vomiting.” (RT-6/3/11, 209-10.) Later, he went into “some type of shock," and “startedshaking vigorously.” ( Id. 212.)
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“[T]hey’re purple. You need to come over here." ( Id. ) Defendant said, “I don’t know what to do.”
( Id. )
By that time, two Dream Team volunteers were doing CPR, but it was not working. ( Id.
104-07; RT-3/23/11, 158-56, 160-62.) Jennifer, who was not trained in CPR, pitched in to help.
(RT-3/8/11, 105-09.) While this was going on, Amayra Hamilton (one of the owners of Angel
Valley) and Debbie left in golf carts to call 911. (RT-4/8/11, 199-205; RT-4/26/11, 156-59.)
Eventually, ambulances, sheriffs’ cars and helicopters began to arrive. (E.g., RT-3/3/11, 25-26;
RT-3/11/11, 152-53, 157.) Defendant ordered, “[A]nybody that can walk, go back to your
rooms. Clear the area.”25 (RT-4/1/11, 76, 80; RT-4/20/11, 43-46.)
When Sergeant Barbara of the Yavapai County Sheriff’s Office asked Defendant “who
was conducting the sweat lodge,” Defendant said, “It was Ted.”26 (RT-5/11/11, 309.)
Aftermath, Part II.
James S. and Kirby were pronounced dead at the hospital. (RT-3/30/11, 121-62; RT-
3/31/11, 31, 34, 48-49.) In both instances, the medical examiner determined the cause of
death to be “heat stroke.” (RT-3/31/11, 31, 37-38, 50; Exhibits 370, 375.) Liz was flown to
Flagstaff Medical Center, where she was admitted into the intensive care unit (ICU), under the
care of Dr. Brent Cutshall, a critical care pulmonologist. (RT-3/30/11, 10-11; RT-3/29/11, 6-9,
15.) Liz continued to remain critically ill throughout her hospitalization, and died on October 17,
2009. (RT-3/29/11, 28-33; RT-5/5/11, 25.) Dr. Cutshall listed her cause of death as “[hjeat
stroke with an anoxic brain injury.” (RT-3/29/11, 32-33.) The Coconino County medical
25 As people were attempting to comply with Defendant’s instructions, Sara Mercer attempted to drive a womanback to her cabin in one of the golf carts, but noticed that her eyes were “fluttering” and “rolling in the back of herhead,” so Sara returned her to get medical attention. (RT-5/12/11, 96-99.) On the way back, the woman’s foot fellout of the golf cart, and “she let it just get run over.” ( Id. )
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examiner similarly described the cause of death as “multisystem organ failure due to
hyperthermia due to prolonged sweat lodge exposure.” (Exhibit 362; RT-5/5/11, 27.)
Approximately 15 other participants were also taken to area hospitals. (RT-5/10/11,
106-07, 165-66.) The most serious cases were: (i) Tess Wong, who was placed in ICU, and
diagnosed with respiratory failure and coma, a collapsed right upper lung, and renal failure
(RT-3/29/11, 56-60); (ii) Sidney Spenser, who arrived in a “deep coma,” and was placed in ICU
( id. 39-41, 208-12); and (iii) Stephen Ray, who had “altered mental status and seizure,” was
placed in ICU in a coma and critical condition, and hospitalized for 4 days ( id. 238, 274-77; RT-
3/15/11, 250-51; RT-3/16/11, 107-08, 139-40, 146).
The lead detective assigned to investigate the deaths was Ross Diskin, of the Yavapai
County Sherriffs Office (YCSO). (RT-4/27/11, 164.) (RT-4/27/11, 177, 183; RT-4/28/11, 93,
100-01, 112-36, 141-50 [over 70 items]). As Diskin and other sheriff’s deputies interviewed
witnesses to the 2009 event and participants in previous “sweat lodges” conducted by
Defendant,27 Diskin concluded the deaths were the result of the “extreme way” that Defendant
conducted the 2009 event. (RT-4/27/11, 107, 221-22; RT-4/29/11, 66; RT-5/4/11, 213.) This
conclusion was further supported by the cause of death determinations of the medical
examiners, both of whom found the deaths to be heat-related. (Supra at 30-31.)
Heat illness and heat stroke
As the jury was informed at trial, there is no laboratory or other definitive test for heat
stroke. (RT-3/31/11, 57-58, 64, 99; RT-5/5/11, 47, 151-52.) The diagnosis begins with the
determination that a person was exposed to heat capable of inflicting such a result, and then
examines the symptoms, and other likely causes of the symptoms. (See generally RT-3/31/11,
27 Diskin interviewed about 75 people (“hundreds” of hours), not counting interviews conducted by others. (RT-4/28/11, 236-37; RT-5/4/11, 141.) At one point, Diskin was working “exclusively” on the case. { Id. )
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57-60, 64, 85.) The overwhelming evidence at trial was that Defendant subjected the victims to
214 hours blistering heat, accompanied by artificially high humidity, which deprived them of
their ability to cool themselves through the evaporation of sweat. (RT-3/29/11, 260-61; RT-
5/5/11, 35-37; RT-5/10/11, 89-90.) It is beyond dispute that the victims and numerous other
participants displayed classic signs and symptoms of severe heat illness.
As explained by testifying physicians, the path from heat exhaustion to heat stroke is a
“ continuum.” (RT-3/29/11, 22-23; RT-5/10/11, 81.) It starts when the blood moves to the
surface of the skin to “ throw off heat, ” thereby depriving the brain , the kidneys, and other
organs of the blood and oxygen they need to function. (RT-3/29/11, 108-11; RT-5/5/11, 37-38,
121-22.) Early in the process, the symptoms may include flushing, fatigue, muscle cramps,
nausea, and vomiting. (RT-3/29/11, 22-23, 114; RT-5/5/11, 38; RT-5/10/11, 73, 96.) At this
stage (“ heat exhaustion” ), if one is taken out of the hot environment and provided with cool
liquid , they are likely to do well. (RT-3/29/11, 100-01; RT-5/10/11, 96-97.) However, as the
body heats, the prognosis gets worse. (RT-3/29/11, 97-98, 260; RT-5/10/11, 96-97.) At somepoint, organs fail, and death ensues. (RT-3/29/11, 101, 104-05; RT-5/5/11, 42-43; RT-5/10/11,
96.)
The “ big red flag” signaling the passage from heat exhaustion to heat stroke is aperson’s exhibition of “ mental status changes.” (RT-5/10/11, 81-82; see also RT-3/29/11, 115.)
This can range from something as subtle as making bad decisions or acting “ a little “ goofy” tomore serious symptoms, such as acting intoxicated or violent, having seizures, becoming
unconscious, or going into a coma. (RT-5/10/11, 74-77; see also RT-3/29/11, 115; RT-5/5/11,
38; RT-5/6/11, 212-15.) Once people begin having such “ mental status changes,” they are
heading down the “ path of heat stroke, ” and if they do not receive prompt treatment, they can
die in “as little as an hour.” (RT-5/10/11, 77, 81, 96.)
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ARGUMENT
Setting Aside the Judgment is Discretionary with this Court.
Arizona Revised Statutes § 13-907C states (emphasis added):
C. If the judge, justice of the peace or magistrate grants the application, thejudge, justice of the peace or magistrate shall set aside the judgment of guilt,dismiss the accusations or information and order that the person be releasedfrom all penalties and disabilities resulting from the conviction except thoseimposed by:
In addition to the reasons for denial of the motion that are set forth in the victims’ letters,
the State opposes the motions because some crimes, such as those perpetrated by
Defendant, are so great in their magnitude, affect so many people, and are so senseless, that
they should never be set aside. This is one of those cases.
Three lives are forever gone. Children, daughters, a wife, mothers and fathers, brothers
and sisters, and other family relatives have been senselessly robbed of the presence, the
companionship, the parenting, the support, the opportunities and the love of Kirby Brown,
James Shore and Liz Neuman. The permanency of this loss, the senselessness of this loss,
and the unconscionable nature of the Defendant’s actions in causing this loss must be
reflected in the denial of Defendant’s motion to set aside his convictions. The Court should
consider the permanent nature of the loss of the three victims; the substantial harm and terrible
emotional impact on their families; the opportunities Defendant had to avoid senselessly
causing their deaths; and the opportunities and the significant obligation Defendant had to
assure the safety of participants who paid to attend his event.
In determining whether to grant or deny the motions, Arizona Revised Statutes §13-
101(5) directs courts to consider the deterrent effect of doing so:
It is declared that the public policy of this state and the general purposes of theprovisions of this title are:
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5. To insure the public safety by preventing the commission of offenses throughthe deterrent influence of the sentences authorized.
The purpose of this statute has never been more vital than in this case where Defendant,
operating as a business, neglected his obligation to conduct a highly lucrative business in such
a way as to ensure the safety of his participants. Requiring Defendant’s convictions to remain
intact serves a significant and important purpose in insuring that, throughout this country,
businesspeople such as Defendant operate in such a way that lives are not needlessly harmed
or lost. When someone such as Defendant causes the deaths of multiple people in a criminally
negligent manner, the fact of the conviction, and the effects of that conviction on the
perpetrator (including the loss of civil rights) will deter others from putting profits ahead of
safety.
This is particularly important here, as Defendant is reportedly rebuilding his self-help
counseling business since his convictions. Allowing Defendant to truthfully say his convictions
have been set aside would allow many in the public to incorrectly believe Defendant had been
exonerated, and is not responsible for the deaths of Kirby Brown, James Shore and Liz
Neuman in the pursuit of financial gain. This is particularly true, since Defendant was recently
interviewed in a 2016 CNN documentary (“Enlighten Us: The Rise and Fall of James Arthur
Ray”), and painted himself as a victim who had been treated unfairly in the criminal justice
system.28
Judgment of Guilt Should Not Be Set Aside Because Defendant Committed a DangerousOffense.
Finally, the State objects to the request to set aside the negligent homicide convictions
because A.RS. §13-907(E) prevents setting aside a judgment where the criminal offense is a28 See “ In Enlighten Us, a disgraced guru fails to find redemption,” by Matt Stroud of “ The Verge” atwww.theverqe.com/2016/4/18/11434916/enliqhten-us-disaraced-quru-iames-arthur-rav+&cd=3&hl=en&ct=clnk&al=us
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dangerous offense. The three homicide convictions were the results of deaths caused by
Defendant’s use of a dangerous instrument (the sweat lodge).29 The facts established at trial
and set out above detail exactly how Defendant used the sweat lodge as a dangerous
instrument, needlessly and senselessly causing the deaths of the victims.
Arizona Revised Statutes § 13-907(A) provides:
Except as provided in subsection E of this section, every person convicted of acriminal offense, on fulfillment of the conditions of probation or sentence anddischarge by the court, may apply to the judge, justice of the peace or magistratewho pronounced sentence or imposed probation or such judge, justice of thepeace or magistrate’s successor in office to have the judgment of guilt set aside.The convicted person shall be informed of this right at the time of discharge.
Section E states:
E. This section does not apply to a person who was convicted of a criminaloffense:1. Involving a dangerous offense.2. For which the person is required or ordered by the court to register pursuant tosection 13-3821.3. For which there has been a finding of sexual motivation pursuant to section 13-118.4. In which the victim is a minor under fifteen years of age.
A dangerous instrument is anything that under the circumstances in which it is
used is readily capable of causing death. A.R.S. §13-105(12). A dangerous offense is an
offense where a dangerous instrument is used. A.R.S. §13-105(13). The fact the convictions
were not alleged as “dangerous” in the judgment is irrelevant to whether or not they are
dangerous for purposes of A.RS. §13-907(E).
In State v. Adams, 155 Ariz. 117, 745 P.2d 175 (App. 1987), the defendant argued his
prior California conviction could not be used as a prior dangerous offense because he was
placed on probation. Under the California statutes an offense involving the use of a firearm in
29 The trial transcript is replete with descriptions of how the sweat lodge was intentionally misused byDefendant to create a dangerously hot environment, an environment which multiple experts testified was capableof causing the fatal heatstroke that killed Kirby Brown, James Shore and Liz Neuman.-27-
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the commission of a felony requires a term of imprisonment. In the prior case, the defendant
had pled guilty to a charge of assault with a deadly weapon, a handgun. In exchange for the
defendant’s plea the State dropped the other counts against him and the enhancement
allegation. The Court of Appeals affirmed the use of the prior as a dangerous offense and
noted the following:
Clearly, the dismissal of the punishment enhancing provisions of California PenalCode § 12022.5 did not alter the essential elements of the offense to which theappellant pled guilty. The determination of the “dangerousness” of a priorconviction for purposes of A.R.S. § 13-604 is a question of law which wasproperly decided by the trial judge. See State v. Hunter, 137 Ariz. at 239, 669P.2d at 1016.
Id. at 122-23, 745 P.2d at 180-81.
In State v. Leon, 197 Ariz. 48, 3 P.3d 968 (App. 1999), the Court of Appeals addressed
a slightly different issue, but reached the same conclusion. In Leon, the defendant committed
new offenses while on probation for a prior felony disorderly conduct conviction involving the
recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument. The
offense had not been designated as “dangerous” at sentencing. Because of this prior
conviction, the court sentenced the defendant pursuant to A.R.S. § 13-604.02 which provides
for sentence enhancement for crimes committed while on release for a prior conviction
involving the use or exhibition of a deadly weapon (now § 13-708(B)). On appeal the defendant
argued that he could not be sentenced under the statute because the prior conviction had not
been designated as “dangerous” at sentencing. The Court of Appeals disagreed and found
that: “[t]he fact that the prior offense has been designated "nondangerous" under § 13-604 is,
therefore, irrelevant to the court's enhancement of the sentence under the second sentence of
§ 13-604.02(A).” Id. at 50, 3 P.3d at 970. The Court concluded that “because his prior offense
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involved the use or exhibition of a deadly weapon,” his sentences were properly enhanced. Id.
at 50, H7-8, 3 P.3d at 970.
Guidance on this issue can also be found in cases involving the use of a prior as a“ violent offense” to take a defendant outside of Proposition 200. In Montero v. Foreman, 204
Ariz. 378, 84 P.3d 206 (App. 2003), the Court of Appeals considered whether a defendant with
a prior conviction for disorderly conduct was not eligible for mandatory probation on a drugpossession charge because the prior qualified as a “ violent” offense. In the prior case, the
State had agreed to dismiss the allegation of dangerousness in exchange for the defendant’s
plea. While the court distinguished between “ dangerous” and “ violent,” it found the prior
conviction took the defendant outside of Prop. 200. Relevant to our issue is the following:
In Montero's prior disorderly conduct case, as part of a negotiated pleaagreement, the State dismissed its allegation of "dangerousness," thus removingthe possibility of an enhanced sentence on that charge. But the State made norepresentation that the offense would not be considered "violent" for purposes ofdisqualifying Montero from probation should he be charged with further crimes.
This Court recently held that the trial court can determine, as a matter of law,whether a defendant has a prior conviction for a violent crime by looking thestatutory definition of the prior offense. Cherry v. Araneta , 203 Ariz. 532, 535,P14, 57 P.3d 391, 394 (App. 2002). Montero was convicted of disorderly conductin violation of A.R.S. § 13-2904(A)(6), which provides:
A. A person commits disorderly conduct if, with intent to disturb the peace orquiet of a neighborhood, family or person, or with knowledge of doing so, suchperson:
6. Recklessly handles, displays or discharges a deadly weapon or dangerousinstrument.
Hence, Montero's prior disorderly conduct conviction was for "recklesslyhandling, displaying, or discharging a deadly weapon or instrument." Suchconduct necessarily involves the "criminal use of a deadly weapon or dangerousinstrument." Thus, it falls within Proposition 200's definition of "violent crime."
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A.R.S. § 13-604.04. Accordingly, the fact that the State did not elect to seek anenhanced sentence for Montero's disorderly conduct conviction based on its"dangerousness" does not mean that the crime was not a "violent crime" so as todisqualify him from probation should he commit additional drug possessionoffenses.
Montero v. Foreman, 64 P.3d 206, 209-210, 204 Ariz. 378, 381-382 (Ariz. Ct. App.
2003).
Based on the foregoing, including the strong opposition by the families of Kirby Brown,
James Shore and Liz Neuman, and the need to deter similar misconduct in the future, theState respectfully requests the motion to set aside the judgment and restore Defendant’s civilrights be denied.
RESPECTFULLY SUBMITTED this H *Klav of November, 2016.
Sheila Sullivan PolkYavapai County Attorney
COPY of the foregoing mailed thisday of November, 2016, to:
Thomas K. KellyAttorney for Defendant
By
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LETTERS FROM VICTIMS
Hello, my name is Amrita Shore and I want to share with you the heartbreaking tragedythat took place on October 8, 2009.1 am the middle child of three children born into a lovelyfamily that consisted of my siblings Inaya and darshan, our 2 loving parents Alyssa Gillespieand James Shore. Growing up in today's society you always hear stories or watch movieswhere one of the parents pass away. But never in a million years would have imagined that, thatwould be my reality. But on October 8, 2009, a man named James Ray killed my father.
I remember the day like it was yesterday. I remember the smell, the heat that rushedover my body, it was a sensation I had never felt before and prayed to never fell again but thatwas false hope. I remember opening the front door and seeing my mom and little brother sittingwith tear-stained faces staring back at me. my sister and saw the sadness in my mother's eyesand before anyone even said a word I knew. It's a feeling I could never describe in words. It wasso cold and so sad that I wouldn't wish it upon my worst enemies. But the torture didn't stopthere. Even after what my family had been through, he put us through more. My mom had to goto quart more than once and she had to fight. She had to fight so that a dreadful human beingcould be putin jail.
Because of that day, I have never been the same and I will never be the same. JamesRay may have gone to jail, but I am still in jail. I'm locked behind thousands of doors that he putup. I struggle with all the questions that are left unanswered. Because of him, my mother was awidow before turning 40, I've never spoken the word “dad” to anyone and probably never will.My siblings and I have absolutely no father figure to look up too. How does a 9-year-old processthe death of her father? Well in my case I didn't really. I for some reason though I needed to bestrong for my family, because who else would? My dad was gone. My mom was weak, my sisterwas beyond words and my younger brother? Well, he was just too young. So that's exactly whatI tried to do. I watched as my family tumbled apart and slowly picked up the pieces. But still,even after all the pain, this man had put us through, my mom still had to spend years in quartand her free time with lawyers. James Ray needed to pay for what he'd done to my family andthe other families who'd been affected by him.
I haven't heard my father's voice in 8 years and to this day I am looking for answers. Tothis day I've never met the man who killed my father and it breaks my heart more than anythingto see him out of jail. A terrible man killed my father and now he's out? Iwas too young tounderstand back then but I understand now. It's hard for me to see someone who ripped myentire world right from under my feet, living a happy life. It almost seems as if nothing hasphased him. It disgusts me that a man whose actions have been so horrible could even beconsidered “Innocent”.
So, I guess to the conclusion this letter or essay or whatever I'm writing, I am asking you,no I am begging you to not let this man go innocently. He is so far from innocent that it pains meto think that his record could ever be wiped. He is a murder and it's hard enough that he's out ofjail. Don't let him be free of the burden he placed on his back the day he killed 3 people in aSedona sweat lodge. He has done nothing for my family except cause pain and deep sadness.James Ray has destroyed the ground which my feet used to stand so strongly upon. He hastaken almost everything from me. I ask you don't let such a sick man have the satisfaction of“freedom”.
Thank you, Amrita
To whom it may concern:
I lost my mother, Lizbeth Neuman, on October 17th, 2009 as a result of a heat strokesuffered during the October 8th, 2009 "sweat lodge" conducted by James Arthur Ray. Afterspending seven years trying to come to terms with her death, I was informed of Mr. Ray'srecent motion to restore his civil rights and set aside his conviction. I won't claim to fullyunderstand the laws related to these motions, but what I can attest to is the ongoing pain Mr.Ray's actions have inflicted on me and my family. Unfortunately for us, there is no motion thatcan be filed to bring my mom back. We have been forever sentenced to a life without her. Wehave to live with the anger caused by the reckless behavior of Mr. Ray who showed no concernfor my mom's life; a woman who considered him a long-time mentor and friend.
Seven years ago, my family and two other families started an exhausting two yearprocess that entailed a lengthy criminal investigation, painful and frustrating trial, anddisappointing conviction. It was revealed by numerous witnesses that previous years' sweatlodge events had led to ill participants under Mr. Ray's lead; however, that information waswithheld from the trial. It is perplexing to me that the court did not allow this information to beused as it is 100% relevant and would have likely led to manslaughter charges. Instead, this gapin information left the question unanswered as to whether or not Mr. Ray knew what he wasdoing was harmful. The fact is he showed a history of reckless behavior at this annual event andother events. In spite of Mr. Ray’s knowledge that his sweat lodges made people ill and in spiteof all of the warning signs throughout the 2009 event, he continued to use his position of powerand authority over mentally and physically exhausted people who paid him thousands of dollarsto improve their lives. He persuaded his pupils to ignore the symptoms that their bodies weresuccumbing to life-threatening heat stroke; all so they could achieve enlightenment and growthout of their struggles. This enlightenment would come through a near-death experience thatthe defense dismissed as metaphorical. The fact is that Mr. Ray created a deadly environmentand ignored countless warnings that people were seriously ill.
The question today may be if Mr. Ray has taken responsibility for his actions and if he islikely to harm others again. Besides his plea for forgiveness prior to sentencing, I have not seenor heard Mr. Ray show remorse, nor has he asked for forgiveness from me or my family.Instead, his interest has been in rebuilding his career with new credentials: ex-convict whoagainst all odds rises back to fame and fortune. Certainly being able to say his conviction hasbeen "set aside" will aid him in achieving his new goal. From my perspective, Mr. Ray has donenothing to earn back the rights he is requesting; nor the "title" he seeks for his conviction. Hislack of remorse and the truth behind the harm he knowingly caused, do not warrant grantingthese motions.
I hope that in making a decision on these motions, you will consider the victims. You willconsider me who for the rest of my life will celebrate my birthday on the anniversary of theOctober 8th sweat lodge; someone who has two children (now 6 and 3) who never had thechance to meet their Grandma Liz; and someone who feels very strongly that Mr. Ray got offtoo lightly given the permanent loss he has caused for three families.
Sincerely,Andrea Puckett
TO: Superior Court of Arizona for the County of YavapaiRE: JAMES ARTHUR RAY's Motion to Set Aside Conviction
with a Dismissal of ChargesFROM: Virginia Brown
During the 10 month, 2011 trial of James Arthur Ray, I was reminded thatthe court system is the LEGAL system and not necessarily the JUSTICEsystem. A grand jury had handed down an indictment of manslaughter inFebruary 2010 which the prosecutor was unable to prove since thepresiding judge had ruled against presenting evidence of "priorknowledge" (which defines manslaughter) since it might be "prejudicial"for the jury. We went to Arizona five times to witness the prosecutioncontinually defend the right to prosecute as the defense presented motionafter motion for mistrial. We were present as the judge apologized forgiving the man responsible for the deaths of three people, our daughter,Kirby, James Shore and Liz Neuman, 2 years of prison time for the lessercharge of negligent homicide. And now the court would consider restoringcivil rights and setting aside judgment of guilt for the man responsible???
Every person deserves a second chance and James Ray is no exception.However, should the second chance to gainful employment be in the samefield in which he recklessly caused the deaths of 3 people and lifesustaining injuries to at least 5 other people? It is ironic that since Mr. Rayhad NO professional degree to help people, NO credible training, and NOlicense to practice, his conviction of negligent homicide did not result in arevocation of any license, allowing him to return to the same arena wherehe orchestrated his deadly sweat lodge.
While Mr. Ray may have served his sentence of 20 months for the deaths of3 people, we have been given a life sentence of loss for his depravedindifference for the life of our daughter. Kirby's death leaves a CHASM inour lives. Every Family event is bitter-sweet because Kirby is not here withus. Sweet, because we have been blessed with 7 beautiful grandchildren,bitter, because they will never know their amazing aunt Kirby. We will
never have the pleasure of seeing her expand her business, find her soul¬
mate or spend holidays with the family she loved.
I refuse to live with bitterness or forgiveness, however, forgiving JamesRay does not mean that I trust him. Mr. Ray has been filmed crying onstage before his audience for his 3 good friends who died in this terrible"accident". The 3 people he knew were in distress, whom he leftunconscious in the dirt. He has publicly stated that "he takes fullresponsibility" and yet he also says that he is the only person in history tobe found guilty for other people's decisions. He has not acceptedresponsibility for the fact that he orchestrated events that made deathinevitable. He has painted himself as the VICTIM of unfair prosecution inwhich he lost his business and his liberty. He has publicly stated that"Sedona HAD TO HAPPEN" so that he could teach others to overcomeadversity. While James Ray has built a new business, re-inventing himself,spinning the facts, we have established SEEKsafely, a 501©3 charity toempower consumers to be aware of charismatic charlatans and promoteethics and safety in this unregulated industry. We hope that Kirby's tragicdeath will save the lives of others who seek to grow.
I beg the court. DO NOT grant this petition to set aside this convictionwhich would allow Mr. Ray to further manipulate the facts, obfuscating thetruth and misleading potential followers. To grant this motion would be toparticipate in the fraud that HE is the victim. It is unbelievable to me thatwe, who have lost our daughter in such a traumatic manner should have tobeg the court to uphold its own ruling. Please do not allow this finaltravesty of justice.
Virginia (Ginny) Brown, Kirby's mother and founder of SEEKsafely
TO: Superior Court of Arizona for the County of YavapaiRE: JAMES ARTHUR RAY's Motion to Set Aside Conviction
with a Dismissal of ChargesFROM: George H.Brown
I am the father of Kirby Anne Brown, one of the three victims in the SedonaSweat Lodge incident. There is sufficient information that demonstratesthe deliberate choice on Ray's part to ignore the plight of the threedeceased as well as the other 19 people who were injured.
Ray sat less than 12 feet from Kirby. He could hear her struggle for breath,was told that she was unconscious and finally, that she had stoppedbreathing. He repeatedly refused to provide help saying, "we will dealwith that at the end of the round." When James Shore asked for help forhimself and Kirby, after dragging an unconscious Sidney Spencer from thetent, Ray again responded "we will deal with that later". We now know"later" never came. Ray knowing the status of Kirby, James and Liz, exitedthe tent. He flashed the victory sign, satisfied he had survived the "mosthellacious hot" sweat lodge ever, even outdoing his rival, Tony Robbins.
His deliberate ignoring of those in distress for the sake of his own self-aggrandizement makes him culpable.
Ray knew the dangers involved when, as the result of the 2008 sweat lodge,3 participants were removed unconscious from that tent. They would havedied, save for the intervention of a Canadian anesthesiologist, Dr. DavidKent, who administered CPR to revive the victims. He later confrontedRay and his staff warning that someone would die if Ray continued in thismanner.
Today, Ray is making a request to set aside his conviction so he can markethimself as an enlightened penitent. Ray is first and foremost a salesman.His main product is now his "enlightenment" gained from the deaths ofKirby Brown, James Shore and Liz Neuman. He is already selling himself
as a victim of the sweat lodge event, not as the one responsible for causingthese deaths through both his actions in setting up the conditions of thelodge as well as his refusal to act when participants were in distress. Thisalone makes him dangerous.
My family lives daily with the loss of Kirby. There is no getting over thehurt and injustice of her being taken from us.
We have been given a life sentence at the hands of Ray's self-glorification.I therefore object to the motion to set aside the verdict. This would be aninsult to those who died at his reckless and callous hand.
George H. Brown, Kirby's father and founder of SEEKsafely,inc.
October 29, 2016
To the Superior Court of Arizona,
Regarding the State vs. James Arthur Ray, Motion to Restore Civil Rights and Set Aside Judgement ofGuilt and Order:
I am the sister of victim, Lizbeth Neuman, who died as a result of the sweat lodge run by James ArthurRay in October 2009. The impact of that event still hits me the hardest at this time of year as we face theanniversary of her traumatic death. That impact, I believe, is magnified due to the fact that Mr. Ray had,and still has, a national (and even international) following and influence. There have been many timesover the past 7 years that references to the book he co-authored, The Secret, have come up in televisionshows or conversations, and stir up the grief of losing my only sister once again.
I was relieved when Mr. Ray was convicted of a crime, albeit a lesser crime than I feel was committed.Although he received what I believe to be an extremely lenient sentence, I am grateful that he did haveto serve a prison sentence. He is now a free man, able to live his life with few restrictions, namely therestrictions of his civil rights. To restore those rights and set aside the judgement of guilt and orderwould in effect allow him to return completely to his life pre-October 2009. That is a luxury which thedeceased, their families, and many of the survivors who continue to have health and psychologicalsymptoms, will never enjoy.
That event cannot be undone. Neither should the consequences of the judgement against Mr. Ray beundone. I implore you to deny this motion and allow Mr. Ray to continue to live with the fallout as therest of us are forced to do.
Sincerely,
Sara L. Oldre
Bill Hughes
From:
Subject:
Sent:To:Cc:
Thursday, October 27, 2016 11:29 AMBill HughesBill HughesMotion to restore rights- JAR
I wholeheartedly oppose the motion to expunge JAR's record of conviction for three charges of negligent homicide,knowing that it was originally to be manslaughter.
LOOSING A CHILD IS EVERY PARENTS WORST NIGHTMARE!
My first born son, Richard drowned in a freak accident!My son, James death was no NO ACCIDENT!!!
This was a case of JAR being consumed with his control and power over others. He made a choice to to ignore the criesfor help from my son Jim and others who were aware that Kirby Brown was is great distress and having troublebreathing.With in minutes my son was also finding it difficult to breathe. (There is no question that the sweat lodge wasimproperly built with plastic tarps rather than breathable fabrics used by Native Americans, as well as being too hot!).Jim opened a flap in the back to get air and was quickly chastised by JAR that he was offending the "spirit warrior"!!!By being told they had to wait until the end of the round time had run out and BOTH KIRBY AND JIM WERE DEAD!AS SOON AS JAR AND HIS CO-HARTS WERE AWARE OF THE DEATHS, AND OTHERS SUFFERING, THEY JUMPTED INTOCARS AND SPED AWAY, MAKING NO CALLS TO THE POLICE OR RESCUE SQUAD! HE HAD ABSOLUTE FOCUS ON RUNNINGFROM THE SCENE OF HIS CRIME.HOW IS IS POSSIBLE TO WIPE THE SLATE CLEAN FOR THIS ARROGANT, NON-CARING ABSCONDER?
I frequently see the pain in my three grandchildren and their mother's eyes. My oldest granddaughter, Inaya hasfrequent bouts with overwhelming sadness
I miss him so so many evenings when he came to pick up the children at our home, he would sit down and talk abouthis day and we would reminisce while I made dinner.He would ask what I was cooking, and then say, "well maybe I could stay a little longer and have a couple of bites".ALyssa and the kids are vegetarians, and Jim was too when he was home, but he missed those beef stews and friedchicken meals.
I beg you as a mother who has lost two children to please, please to not reinstate this mans civil rights. As you know, hewas charged with three counts of negligent homicide, could have and should have received the maximum sentence ofthree years consecutively but only served concurrently. How is this justice?
I failed to mention Liz Newman, who also lost her life and the other people who have developed various healthproblems due to the extreme heat, and improper control of the whole devastating, expensive event.Sincerely,
Jane Shore GrippSent from my iPad
October 26, 2016
To: Yavapai County Superior Court
Re: James Ray’s motion to set aside his ruling
Jean Brown
To the Judge Presiding over James Ray’s motion,
I am the sister of Kirby Brown, one of the victims of James Ray who died in his version of asweat lodge on October 8, 2009.1 am writing to request that James Ray’s motion not begranted.
I could certainly talk about how this motion affects me personally, but I’m going to address youfrom a more professional perspective. In the years since my sister’s death, I have been involvedas a founding member of SEEK Safely, a 501(c)3 non-profit organization dedicated to trying toprevent what happened to my sister happening to others.
As a member of this organization, I have learned a great deal about the self-help industry, its“ professionals” and it customers. Given what I know about the industry, and what I have seenfrom James Ray in the years since the deaths in Sedona, I believe he still poses a great risk tothe public. Furthermore, I believe the court has an important role to play in setting a precedentfor other operators in the self-help industry.
Because there is no professional licensing board in the self-help industry, James Ray hasreturned to this arena, promoting himself as a teacher and guru for people who are motivated toimprove their lives personally and professionally. He sells things like books and DVDs, but hismost valuable currency is his story. He is already spinning his story as one of a hero emergingfrom the greatest test of his life, and a victim who overcame the greatest adversity. He talksabout his loss. He uses his actual victims (Kirby, James Shore, and Liz Neuman) as character inthis story, referring to them as “ his friends” rather than his customers. He even goes so far as tosuggest that the victims’ decisions led to their deaths. You can witness this yourself, in CNN’sdocumentary, “ Enlighten Us.”
He discusses what happened in Sedona as a tragedy that befell him, rather than the grossviolation of professional trust and the willful act of negligence that it was. As a result, I believe hewould manipulate the court’s decision to "set aside the judgement of guilt" and use it to furtherhis story that he was the victim in Sedona. Why this concerns me is that this isn’t about casualconversations he’ll have with friends, or even about getting a traditional job. He will use this ashe pitches his professional services to people, convincing them to trust him.
My feeling all along as a member of SEEK has been that I cannot help people who know whathappened in Sedona and still decide to trust James Ray. I’m concerned with helping people likmy sister, who (had she lived) would have, upon hearing about the manipulative tactics used bRay and the dangerous way he operates, decided that he didn’t deserve her money or trust.
Again, I believe he would use this motion to further his claim that he bears no responsibility forwhat happened. As I said, he is selling his story, and this judgement would further enable him tosell a lie. His actions— his manipulations, recklessness, and hubris— in Sedona led to the deathsof three people. Do not bolster his ability to put others in danger.
As mentioned, I am also concerned about the precedent this would set for other operators in theself-help industry. We have reached out to many of these professionals, and most of themchoose to have nothing to do with us. Nevertheless, my hope is that James Ray’s tale is acautionary one for them, encouraging them to act more responsibly. What message might itsend to those professionals if Ray’s motion is set aside?
I will touch briefly on the personal side of this. I have trouble with the fact that Ray expresseslittle to no remorse about what happened, other than how it has impacted him. His attitudetoward my family has been dismissive, even angry. During the proceedings in the case ofColleen Conaway (who died at one of his events in July 2009), Ray referred to us derisively as“those sweat lodge people.” He will not talk to members of the media unless they agree not tospeak with my family. This is not the behaviour of someone who is remorseful, humbled, ormade wiser by his own mistakes. Setting aside his conviction would likely only add to the type ofarrogance that led to the deaths of Kirby, James Shore, and Liz.
On another personal note, I must mention that the reality for my family is that we will forever livewith the loss of our sister, daughter, aunt. To allow James Ray to effectively walk away from thelegal ruling of his role in her death is an abandonment of justice.
Thank you for considering my position on this matter.
Sincerely,
Jean Brown
Jerome K. Gillespie
October 25, 2016 * ^Re: State v. James Arthur Ray
Your Honor:
It has been a few years since the passing of James Shore but the magnitude of his absence is still fresh inmy mind. My name is Jerry Gillespie and I am one of Alyssa Gillespie's younger brothers. When I wouldsee James play with his three children (Inaya, Amrita, and Darshan) their eyes would light up with Loveand James would be grinning ear to ear with a big smile. When I began to have children of my own, Istrived to be as good of a Father to my children as James was to his. I think of James daily, even in hispassing but even more so when I am with Alyssa and her children. James left a*huge void of happinessthat will never be replaced. Every family celebration, birthday party, graduation, as joyous as it may be...is never quite complete. There is metaphorically always an empty seat at the table which James belongsin, with us, with his wife, with his three children.
My siblings and I have tried to give comfort to Alyssa, Inaya, Amrita and Darshan over the years. Mysister Heidi has made many trips to Colorado to spend time with them. My brother Ben taught Darshanhow to ride a skateboard. When Darshan showed interest in hockey I bought him his first ChicagoBlackhawks hat. But there is no comparison to the experiences and Love that a Father can bring to hiswife and children,
My sister Alyssa was thrust overnight into being a single parent of three young children. Feeding,clothing, bathing, household chores, homework, making dinner, driving each of them to ail their sports,theater, after school obligations... all by herself. Not to mention doing this all on her income alone.Alyssa has tried her hardest to provide every opportunity for her children that they wanted to pursueand make them feel as if they could have as normal of a childhood as their friends had.
I plead with you, your honor, not to set aside the judgment of conviction.
History may not repeat itself verbatim, but it does rhyme. I would be deeply saddened to hear ofanother family put through the same trials and tribulations that Alyssa and her children have beenforced to struggle with.
Thank you fpr your time.
Respectfully,
Bill Hughes
From:Sent:To:Subject:
Tuesday, October 25, 2016 11:32 AMBill HughesJames Arthur Ray petition to "set aside the judgement of conviction"
Mr. Hughes-
I am Tom Gripp, step father of James Shore and husband of Jane Shore Gripp. Please forward my strong objection toJames Arthur Ray's petition to "set aside the judgement of conviction". It is my understanding that Mr. Ray is asking thatafter being responsible in the deaths of 3 people, the injury of some twenty others, and conviction for same, he wantsthis expunged from his records. The testimony in this case includes Mr. Ray's cowardly lack of not offering aid to thosewho were injured or dying in the sweat lodge and his leaving the scene to go back to California as quickly as he could.
Mr. Ray should no more be able to expunge this record than we can expunge the fact that our son met his death atRay's hands. We can not expunge the fact that our three grandchildren lost their father and don't have the material aidand comfort that a father provides. Our hearts break when there is an event at their school that Jimmy would haveattended and they are without his presence. We can not expunge the fact that his widow goes forth in life without hissupport and company.
For me, that greatest impact of this petition is the effect on my wife. The petition is reopening a horror which we havespent the last 8 years trying to reconcile. We cherish the memories of Jimmy, ache at his loss, and try to find ways tomove on with our lives. It was a help to know that at least to some degree, James Arthur Ray had been held accountablefor his actions. This petition to legally expunge records of the sweat lodge events and the trial is a further victimizationof all who were affected by Mr. Ray's actions.
Thank you,
Tom Gripp
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Bill Hughes
From:Sent:To:Cc:
Wednesday, October 26, 2016 6:15 PM
Subject: State vs. James Arthur Ray
Dear Mr. HughesI am the uncle of Kirby Brown, who was killed in James Arthur Rays' recklessly built and run sweat lodge.
As a family member who attended part of James Arthur Rays' trial, I find it astounding that he would approach thecourts to have his rights restored. Obviously the rights of my niece, and others, have been cancelled forever. I alsorealize that damning evidence that was suppressed at the trial cannot be used against him at this time, but even jurymembers were upset that information was withheld from them that would have assisted them in delivering a more justverdict for the deceased individuals and their families.
James Arthur Ray apparently continues with his arrogance and lack of remorse to the point that no court shouldentertain anything he would bring before them. I am hopeful that the courts in Arizona will see the wisdom and justiceof refusing James Arthur Rays' requests.
Sincerely,
William A. Kirby
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Bill Hughes
ISent: Thursday,October 27, 2016 9:16 AMTo: Bill HughesSubject: James Arthr Ray
Mr. Hughes,
I write the following to the Superior Court in the State of Arizona in protest of James Artur Ray's motion tohave his conviction vacated and to have his civil rights restored. Please feel free to contact me if there is anyother information that you might need.
When my cousin, Kirby Brown, was suddenly taken away from us it left a hole inside of me. To this day, I stillfeel that lack of presence. I still can feel that she is gone.
Kirby was a presence. She brought so much joy wherever she went. She had this magical power to makeeveryone in a room feel like they were best friends with her and she loved everyone in return.
This is a feeling and a magic that has been taken away from this world by the irresponsible actions of one man.
James Arthur Ray built a career out of cultivating people’s misplaced or excessive admiration in the name offinancial gain. And he did a wonderful job of it.
He took the concepts and ideas from such great works as The Power of Positive ThwWuxp by Dr. NormanVincent Peal and passed them off as his own “ Harmonic Wealth” theory. It is easy to see how one could fallunder the thrall of someone with so much charm and charisma and who seems to have all the answers.
Unfortunately, what he was selling wasn’t really the answers. What he was really selling was trust and belief.He was propping himself up to get people to trust him, to believe in him and trust what he says and trust whathe does. This trust became a dangerous thing for an uncaring, irresponsible man like James Arthur Ray.
But the real problem isn’t that he simply propped himself up as some sort of self-help guru. The real problem isthat he never once showed that he actually cared about a single one of his followers. Compound that with thefact that he decided that his product would be more marketable if he forced his followers into extreme exercises.
In 2005, he had people break boards with their bare hands without having a properly trained medical staff onhand in case someone got hurt. One woman shattered her hand in this exercise. (New York Post article. 20091
In 2006 he had his followers put the sharp point of an archery arrow against the soft part of their necks and leanagainst the tip. One man suffered injuries during this exercise as the shaft snapped and the arrow point deeplypenetrated his eyebrow. (As reported by KPHO-TV in 2009)
In July 2009, Colleen Conaway attended a seminar hosted by James Ray International in which the attendeeswere directed to dress as homeless people. She jumped to her death at a mall in San Diego. After her death, hisseminar went on as if she were never there. (New York Post article. 20091
This last occurrence happened a mere three months before he lead three people to their deaths in his sweatlodge.
2009 was also not the first time that Mr. Ray exercised a lack of caution in his sweat lodge. In October of 2005,at the same resort in Sedona, paramedics treated a 42-year-old man who was unconscious after spending time ina sweat lodge. (AZCentral.com article. 20091
Not only has this man established a pattern of putting his followers in danger, but he established a pattern of notcaring and not taking any responsibility. After the death of Colleen Conaway, he did nothing to show hisconcern. After one of his followers was medically treated for spending too much time in one of his sweatlodges, he continued to perform sweat lodges, and even made them hotter and more extreme.
But from my perspective, the worst thing that he ever did was take a piece of my family away from me.
The charges and the sentencing that James Arthur Ray received were much too lenient in the first place. Nowhe continues his pattern of not taking responsibility by asking the court to declare him innocent of his crimes.
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The man caused the death of three people and spent a mere 20 months in jail. In my opinion, he already gotaway with murder. Now he wants the courts to change the past so that he can, presumably, continue his self-help career without a conviction hanging over his head.
His sentencing was already a travesty of justice. Reversing his conviction would simply show that there is nojustice at all.
The request alone shows that this man has not paid for his crime. It shows that he has not taken responsibilityfor his crime. It shows that he believes that he did not do anything wrong in the first place. In the end: it showsthat his sentencing was far too lenient because he has not repented or reformed in any way.
I beg of the court to not bend to his will. I beg of the court to let this paltry conviction stand so that, at the veryleast, we can say that he was convicted of taking the lives of three people whose worst crime was to believe inan uncaring person who showed impaired empathy, impaired remorse, and disinhibited, egotistical traits likeJames Arthur Ray.
I thank the court for its time.
Sean P. McFeeley
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From:Christopher D, Shore,brother of James S.ShoreTo:Mr.Bill Hughes,Yavapai County, AZ
Mr.Hughes-I am writing in response to Mr. James Arthur Ray's request to set aside the judgment of conviction in the deaths ofmy brother and two others in October 2009.1am an active duty Marine officer currently servingin^|^mWhenI listened to the opening statements of this case inMarch 2011,the details reminded me of mishaps whereMarines have been killed in training. A confluence of events contributes to the situation which causes the tragedyand leaders make bad choices.The same applies in this instance.As a Marine officer,Ihave been imbued with the ideals of responsibility and accountability. When Marines orother service members die in a mishap,decision-makers are held accountable for their deaths. They are removedfrom command or even the service depending on the circumstances.On that day in October 2009,Mr. Ray owned the safety for the lives in the training he designed. The choice ofwood to burn,the construction of the sweat lodge with no ventilation,the fasting and/or deprivation whichoccurred before the event were his responsibility, even if he was not making the individual decisions. That is whatit means to be in charge,to be the leader followers look to for guidance and direction. By attempting to set asidejudgment,Mr. Ray is abrogating that critical responsibility.A leader observes,decides,and acts based on the situation unfolding. In a misguided,misinformed,recklessmanner,Mr. Ray pushed people beyond their physical limits. Mere feet away from him,people were dying,including my brother,James.Others were suffering terribly.Without all of the facts of the case before me,Ido notrecall what actions were taken by other participants or staff members,but whatever took place was too late.The people trusted Mr. Ray that this purging of impurities,overcoming weakness,or whatever cliche motivationalnotion was in their best interest and was safe. Neither was the truth. Mr. Ray had only his own interest in mind, hisown fulfillment of the empty promises made in his speeches and promotional materials.He cared nothing for thewelfare of the people under his charge;his focus was solely on the spectacle of the event. Throughout thepreparation and execution of the event,Mr. Ray made a series of terrible decisions.I recognize that my position means that Ido not understand what my brother hoped to gain from this experience.Iwish he had not been taken in by a man who promised insights into enlightenment or purity, etc. Unfortunately,that is exactly what happened.
Due to Mr.Ray's negligence and self-worship, three people are dead.He did not intend for this to happen,butthey died on his watch, in his care, in conditions he designed. To set aside judgment in this case would mean thatmy brother and two others died in an accident.This was no accident. It was the culmination of a collection of baddecisions under the direction of one leader:Mr.Ray.I emphatically recommend that the judgment of conviction remain.Mr.Ray has already demonstrated awillingness to put people in fatal danger. Enabling him to do so in the future will place more at risk. Thank you foryour time.
CX>,ShoreChristopher D. Shore
Anthony Kirby
Mr. William Hughes
Yavapai County Attorney’s Office
255 E. Gurley Street
Prescott, Arizona 86301
Dear Bill,I am outraged by James Ray plea to have all past charges he was convicted for dropped. Theman who should have been tried for manslaughter is now requesting the court to declare himinnocent of the lesser charges that he was given, putting forth a motion to set aside his convictionand dismiss all charges.Three families have suffered greatly for seven years now. My own sister, Ginny and brother-inlaw George Brown, have dedicated themselves with the establishment of a not-for-profitorganization, SEEK Safely Inc., to prevent such events from ever happening again.To even consider this plea would be travesty and needless to say would send a very bad messageto three families who are struggling as well as the other 20 individuals and their families whowere sent to the hospital as a result of this careless, poorly designed exercise. Not to mentionconsidering such a plea would be sending a message to self-help providers that carelessness isOK if you didn’t really mean to have it happen.Kirby Brown was my niece. Like her other siblings, Bob, Katy & Jean, she was an importantpart of my life. Seeing her always brought a smile to my face. She was an incredible force andher attendance at the Sedona Retreat was a sign of her interest in continuous personalimprovement. I have now lost that and it can never be brought back. The only thing my family isable to do is make sure something like this doesn’t happen again. Overturning this conviction isnot supporting this effort to hold self-help practitioners, even those already convicted ofnegligence, accountable.In fact, in New York State SEEK Safely is attempting to get legislation passed that will requirepractitioners to inform participants of risks associated with their exercises. In addition, if risksare possible, the draft legislation requires that a risk management plan is in place to deal withboth physical and emotional episodes that could result from these trying exercises.SEEK Safely Board Members have been working with a couple of State Legislators to draftlegislation that we hope to present to the full legislative body sometime in 2017. We actuallywould encourage the State of Arizona to consider a similar bill in your state. We would bewilling to work closely with you on this. When we finalize our draft we would be happy to workwith your State. With two states working together to get state legislative changes happening thatwill protect consummers, perhaps Federal legislation could be the next step. We do understand
that the great state of Arizona was outraged by the events at Sedona in 2009. Legislation in yourState may be doable as well.The Brown and Kirby families would greatly appreciate Yavapai County opposing James Ray’smotion for two reasons; that given the nature of the convictions showed a general lack of concernfor people who paid $9,500 for this week long session, as well as doing so is contrary to theinterests of justice given the great harm that this criminal conduct caused. James Ray has nevertaken responsibility for his actions and to grant him this motion would send a message that hewas not a fault. This would be a horrible conclusion to send to the public after all the time andeffort was that was dedicated to getting Mr. Ray convicted.As I have said our concern of the future repetition of such actions and the need for a deterrent
effect to prevent others from acting in such a depraved and reckless manner is critical. Mr. Raydid say “ you will feel like you are going to die” but you won’t. Even further the defendantcontinued with his lack of remorse telling the media after he got out of prison that it (Sedona)happened for a reason, because he learned from it. This episode isn’t about James Ray it shouldbe about public safety.Thank you for the opportunity to express my outrage and concern about the possibility ofoverturning this conviction and the message it would send to both participants and practitionersin the self-help industry.
Sincerely,
Tonyicirby C/Uncle of Kirby Brown & SEEK Safely Inc. Board Member
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November 1st, 2016RE:V1300 CR201080049
To The Superior Court of The State of Arizona,
In regard to the motion to vacate the convictions of and restore civil rights to JamesArthur Ray, it should be understood that although there were no weapons involved inhis crimes,he remains an active threat to his community,most notably his followers andenthusiasts. His weapon is his psychological appeal to the folks who seek his guidance,and the deadly, unorthodox self-help tactics for which he was (and is) engaged in, butuncertified and unfit to practice.
Duringthe past decade, Mr. Ray's reckless pursuits to build his business and his peculiarbrand of guided self-improvement have led to severe physical and mental injuries for hisadherents, including broken bones, burns, lacerations, seizures, loss of consciousness,and suicide, culminating in the dramatic 2009 heat stroke deaths of 3 retreatparticipants under his persuasive supervision. The lenient sentencing for his subsequentnegligent homicide convictions has left the legacies of his victims strewn about, whilegranting him the freedom to insincerely repent, reestablish his practice, slip back intothe public eye as an important figure in his field, and slickly incorporate into histeachings the "tragedy" of his own personal demise and "struggle" to reemerge.
Although Mr. Ray is under no obligation to appear differently, his unapologeticdemeanor is alarming. It should be noted that since the moment of his release, he hasbeen on a mission to restore his "guru" status to where it was the moment before hiscrimes. To the detriment of his current and potential followers, this likely translates toadditional compromising and deadly predicaments which would otherwise bepreventable. The difference is that, when the next tragedy occurs on Mr. Ray's watch,any court that's responsible for vacating his prior convictions may be symbolicallyconsidered an accomplice to his new crimes.
My request of this court is to take James Arthur Ray's heedless, derelict intentionsseriously, past and present, by denying him the recent motion put forth by attorneyThomas K. Kelly. My plea is not an act of revenge, but a call for justice by someone whowas directly and permanently affected by Mr. Ray's despicable and irreversible actions.
I sincerely hope you will consider my argument.
Truly,
-Deborah GoldsteinClose friend to Kirby Brown, one of James Arthur Ray's sweat lodge victims
CATHERINE & ALDO MAGNANINI
October 27, 2016
TO: The Court of Yapavai County, AZ
We understand that James Ray has petitioned the Court to set aside his convictionin the deaths of Kirby Anne Brown, James Shaw and Elizabeth Newman. KirbyAnne Brown was our niece. Our families were very close and our children grewup together. Her death has left a great void in our lives-one which will never befilled. We still mourn her.We attended the trial and after all the testimony, were shocked to hear that Rayreceived such a light sentence for the part he played in the deaths of three people.He was alone responsible for these deaths. By vacating his conviction, it releaseshim from this responsibility and it diminishes the importance and value of the livesof Kirby, James and Elizabeth. The families involved have suffered enough pain.We respectfully ask that you deny James Ray’s petition.
Catherine & Aldo Magnanini
Bill Hughes
From:Sent:To:Cc:
Thursday, October 27, 2016 11:01 AMBill Hughes
Subject: Kirby Brown
Dear Mr. Hughes,I am writingon the behalf of my cousin Kirby Brown. First and foremost, I appreciate all you have done and continue todo on my cousin's behalf and for our entire family.I have recently been made aware that James Ray is filing to clear his name in a manner of speaking. While hisunmitigated gall and sociopathic tendencies continue to know no bounds, I would hope that the Court and the people ofArizona would understand that it is beyond absurd for him to expect any quarter whatsoever for his unspeakableactions. He should be spending the rest of his life in prison, the fact that he is not is a travesty unto itself, but what isdone is done. However, to request further leniency is laughable and reprehensible all at once.We as a family have all suffered terribly with the loss of Kirby and struggled to come to grips with it all. My Aunt Ginnyand Uncle George found strength from places I can’t imagine and have proven to be the strongest, most spiritual peoplethat I know. They have taken sorrow and created something meaningful for everyone else who seeks self-bettermentwith their SEEK Safely foundation in Kirby’s honor. I can’t say how much I admire them and how proud I am of them fortheir resolve and faith. We all miss her terribly- please make sure that Ginny, George and the rest of us are not made tofeel slighted and disappointed yet again at the hands of this subhuman, narcissistic con man.Thank you in advance for taking the time to read this letter, all the best to you and yours...
Sincerely-
Garrett Chelius
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IN THE SUPERIOR COURT OF THE STATE OF ARIZONAOctober 26, 2016
STATE OF ARIZONA, Plaintiffv.FAMILY OF KIRBY BROWN, Victim
In Response to:MOTION TO RESTORE CIVIL RIGHTS AND SET ASIDE JUDGMENT OF GUILT ANDORDER OF James Arthur Ray, Defendant
Victim, by and through his own volition, herby requests the court to restore the livesof Kirby Brown, James Shore, and Liz Neuman, a judgment sent down on October 8,2009 by one James Arthur Ray.On October 8, 2009 the three victims were manipulated, coerced, abused, tortured,and left for dead while attending Mr. Ray's 'Spiritual Warrior' event.Somehow, thedefendant was only convicted of negligent homicide and spent less than two years inprison.In a gross misrepresentation, the crimes committed are designated as‘nondangerous and nonrepetitive.’ Nondangerous - three people were killed.Nonrepetitive - Again, THREE lives taken.James Arthur Ray gets to live his life every day, but my sister does not. We live withthat pain and anguish every day, all day.Based on the foregoing, the victim respectfully requests this application to restorethe lives of Kirby Brown, James Shore, and Liz Neuman.
Robert Brown (brother of Kirby Brown)
If this motion seems foolish, we only ask that you consider Mr. Ray’s just as foolish.Restoring the lives of these three innocent people is out of the hands of the court,however, holding the responsible party accountable is not.
Bill Hughes
From:Sent:To:Cc:
Thursday, October 27, 2016 6:53 PMBill Hughes
Subject: James Ray
Dear Mr. Hughes
Thank you for all the work and effort you have put into the James Ray trial and this motion.
I am Kirby Brown's aunt. Kirby was a beautiful, vivacious young woman. She was a force of nature and had an impact onall who knew and loved her. Her young life was cut short by this predator. She is sorely missed in our family everyday. She leaves a void no one else can ever fill.
I am appalled that James Ray has the opportunity to have his civil rights restored and possibly his convictionvacated. What a terrible travesty of justice! Because of his arrogance, greed and neglect, Kirby, James, and Liz cannever have their lives restored. James Ray has never shown even the slightest bit of remorse for the deaths in his sweatlodge. He has even acted like he is the victim on TV and in the news. His followers, including Kirby, trusted him to leadthem in a safe and responsible manner. He betrayed their trust. They were good innocent people seeking to betterthemselves. It was James Ray's actions that directly caused their deaths.
I am begging the court to listen to the heartache of the families that loved Kirby, James and Liz. We will live with the painof their deaths for the rest of our lives. Please do not add to our grief by granting James Ray's motions.
Thank you
Jerelyn Kirby
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Penny Cramer
From:Sent:To:Subject:
Bill HughesWednesday, November 02, 2016 1:21 PMPenny CramerFW: Conviction of James Ray
Sent: Wednesday,November 02, 2016 1:20 PMTo:Bill HughesSubject: Conviction of James Ray
To the Arizona Court of Law,
I am opposing the motion that the lawyer of James Ray is making to set aside his judgement.James Shore was my brother-in-law and he died due to James Ray's negligence and misconduct. My sister Alyssa losther husband and their three children lost their father. It has been very hard for our family but especially for them. It isstill a painful and awful tragedy that should have never happened. James Ray should not have this convictionoverturned or his name cleared in anyway that may lead to his future involvement in such activities that couldendanger other people. The people that died at that day will not get another chance and neither should he.Thank you,Heidi Gillespie
Bill Hughes
From:Sent:To:Subject:
Monday, October 31 , 2016 5:29 AMBill HughesRe: James Ray
Dear Mr. Hughes,
Even though Kirby Brown was a woman I met only five times, I considered her a friend and someone blessedwith outstanding qualities. For that reason I joined my daughter to witness the first week of the trial inArizona. It was most instructive. But when the actual sentencing was announced, I was angered, hurt anddisappointed more as an American citizen than as a friend of Ms. Brown. This guy got away with murder.To now vitiate that weak result would be an insult to all Americans not just the three who lost their lives and thedozens of others hurt in the worst example of negligence I have witnessed. This was no accident but rather acase of money (profit) first and concern for people a distant second.I do hope your decision will be rendered with more sobriety and responsibility than have been expressed untilnow.Yours truly,Stanley Goldstein
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tfe*jamut S’, fyjfrteAfrie,
October, 25 2016
Re: State v. James Aurther Ray
I oppose the motion to set aside the judgment of conviction and restore civil rights for JamesRay.
I am the brother of Alyssa Gillespie and have witnessed the destruction of her family fromJames Shore's death.
James Ray puts his ideas & beliefs before the safety of the people at his conventions. Ipersonally attended a James Ray seminar with my wife and witness his recklessness first-hand.He cares more about promoting himself and his "teachings" then the financial, personal andphysical wellbeing of others.
My fear is if he is allowed to resume his conventions & seminars there will be more incidents &deaths.
Regards,
Benjamin Gillespie
November 1, 2016
Mr. HughesCounty AttorneyYavapai County, AZ
Dear Mr. Hughes:
I'm writing you to protest motion put forth by James Ray to declare him innocent of the charge he was given.The fact that he wasn't convicted of a more serious crime was is troubling enough, but to think that he mightbe declared innocent of the lesser charge is unconscionable.
James Ray's negligence and blatant disregard for the lives of the three people who died shouldn't berewarded with a declaration of innocence. His actions ruined three families and ended three lives much toosoon. Ray only thinks of himself and is most likely formulating his next scheme to bilk others out of theirhard earned money and possibly their lives.
Please add this letter to the others that you've received.
Thanks,Jim Magnanini
Suzanne Magnanini
November 1, 2016
Dear Mr. Hughes,
I am Kirby Brown's cousin and i write to strongly object to James Arthur Ray's motion to setaside or vacate his judgment and have his civil rights restored. He should have been convictedof manslaughter when he was tried.
Kirby and I grew up together and though our lives might have appeared to be very different tooutsiders, we shared many of the same experiences. Both of grew up to be world travelers andwe both used more than one language when working. Although we both were born and raisedon the East Coast, we both settled in funky mountain towns in the West, she in Truckee, CA,and l in Nederland, CO. Needless to say, we were very close and years after her death I miss herstill. She was killed a few days before coming to visit me and husband and our newborndaughter. I don't believe in "closure" and I know I do not have the words to adequately expressmy personal grief or that of my family.
What I do know profoundly, as a professor of literature, is that as a charlatan, James ArthurRay's most valuable asset is the story he can tell. Indeed, a charlatan's story is always what he isselling and we should not be fooled into thinking it is the elixir or the cure that he actuallypeddles. If the charges against James Arthur Ray are vacated and his civil rights are restored,hewill be able to tell a tale of his innocence, or worse yet, of his persecution at the hands of thecourt. And he will be turned out once again into the completely unregulated Self-Help Industrywith a tale of redemption. He is already responsible for the death of three people and hasharmed many more. I urge the court to deny this dangerous charlatan the possibility of tellingany story that will empower him to do more harm. I urge the court to deny his request tovacate the charges against him out of respect for his victims, their families, and for the safety ofall those he may attempt to harm in the future.
Sincerely,
Suzanne Magnanini, PhD
Bill HughesOffice of Yavapai County District AttorneyPrescott, Arizona
November 2, 2016
Dear Attorney Hughes,
Re: State of Arizona vs. James Arthur Ray-Motion to Restore Civil Rights and Set AsideJudgment of Guilt and Order
I am writing to you as a family member of Kirby Brown. My cousin’s eldest daughter, Kirbydied due to the overwhelming criminal negligence of James Arthur Ray, the defendant in thiscase. I am in total opposition to the motion before the court requesting restoration of his civilrights and to vacate the three convictions.
For the court to grant this request would be a complete travesty of justice. Kirby’s life was cutextremely short due to the criminal behavior of this man. Mr. Ray has not taken responsibility forhis crimes nor has he shown any remorse. The Brown family has suffered enormous grief, painand loss as have the other two victims’ families. Their lifetime of grief would only be increasedif James Ray is granted this request. Given his attitude about these deaths, Mr. Ray would see itonly as an affirmation of his innocence and as license to continue to behave in such a recklessmanner, endangering the lives of others.I understand that you Attorney Hughes consistently demonstrate solid judgment and that yourwork reflects a strong and deeply-rooted sense of justice. Our family is counting on you tostrenuously oppose this motion. Kirby’s family members have already experienced significanttrauma and stress and deserve to see justice served.
I appreciate your time and consideration of this request.
Sincerely,
Mary Ellen Quinncc: Virginia Brown
APPENDIX A
APPENDIX A
Unofficial Transcript of first presentation James Ray gave to participants before goinginto the sweat lodge
James Ray:
So the question is not whether you’re going to physically die. The question always is how did you live? Soyou’re going to have an opportunity this afternoon to once again partake in a tradition. A sacred ceremony anda practice that is as old as time itself. A tradition that interestingly enough is properly understood a death andrebirth experience. And a way for you to prove to yourself and to prove to the universe that you’re willing to dowhatever it takes to truly accomplish the intention that you’ve said is most important to you. And for many ofyou, you have the pouches hanging around your neck as symbols of what you decided was truly important foryou. It’s an experience that I promise you might very well be one of the most difficult things you’ve ever donewith me if not in your entire life. Cause I know because that’s how it is for me and I will be right there withyou. How many of you have ever been in a sweat lodge before? Not many but a few of you. How many of youknow what a sweat lodge is? Okay. I was talking to a Native American friend of mine yesterday as uhm I wentand I had an appointment and a person very, very steeped in the traditions of the Native American peoples. Andhe knows what we’re up to out here and he has a great respect for it. You see it’s interesting that when I firstcame to Sedona many years ago before I’d ever done the first Spiritual Warrior I knew exactly what I wantedyou to experience but I didn’t know how. I didn’t really have any contacts here and I didn’t really know whocould help me pull it off and yet I knew I wanted to do it here. Not here Angel Valley but here Sedona. And aa whole chain of events, a series of events led me to this place and led me to this now friend of mine who washelpful. But when I very first came and talked to one of the Native American’s here in Sedona about sendingyou on a Vision Quest it was really interesting because his first response was white people can’t do that. Andhe he really meant that and I said yes they can. And then when I told him about the sweat lodge he kind ofchuckled and white people can’t do that. I said yes they can. So when I was talking to my friend yesterday he’sbeen a part of many of my lodges and he’s been a part of many, many lodges. And he was saying yesterday noone has been in a sweat lodge until they’ve been in your lodge. He said the only sweat lodge I’ve ever seen thateven comes close to your lodge James are the Lakota sweat lodges. And he said you know the Lakota arecrazy. We’ve we’ve talked about in many different contexts and even here that the only the only thing that’sbeen empirically demonstrated to move you forward in your own evolution are what, who remembers? Alteredstates. You’re gonna have if you choose to play full on which I’m gonna challenge you to do, you’re gonnahave one of the most intense altered states you’ve ever had in your entire life and may ever have in your entirelife. Let me tell you in advance even though I’m leading the lodge there comes a point in time just like we sawour friends with the books where I have to I have to not be James anymore. Because I’ve been in a lot of lodgesand there’s no lodge like my lodge. It will be the most intense experience, the most intense heat that you’veever experienced in your entire life, I guarantee that. You will feel as if you’re going to die. I guarantee that.But you see the true spiritual warrior has conquered death and therefore has no fear and no enemies in thislifetime or the next because the greatest fear that you’ll ever experience is the fear of what, death. You willhave to get to a point where you surrender and it’s okay to die. And that’s the extreme value of this ceremonybecause symbolically you will go into it it’s a lodge is a rounded structure. They’ve been they started buildingit today. Some of you may have seen that happening if it’s, if your lodging is over this direction. But they builtsticks up in a, in a rounded fashion and there’s one entrance. They throw tarps over the top of it, it’s very low,you cannot stand up in it because heat rises and we don’t want it to rise too far. And when you’re going into alodge symbolically you’re going back into the womb. You’re going into the womb of Mother Earth andsymbolically what you’re going to do is to die. To all that shit and all the limitations and all the stories and allthe things that you’ve allowed to be your truth and have caused you to sell yourself short and it’s such a greatmetaphor. You know if you’ve been on this journey with me for any amount of time you know there’s all kinds1| P a g e
of physical metaphors and there, there’s probably nothing greater than the lodge, my lodge. Because at somepoint in time you just have to let go and say if I’m gonna die it’s okay because I don’t ever die, not really. Mybody dies, I don’t die. You most likely will feel like your skin is going to fall off of your body. It’s hot,hallatious hot. And even though I’m leading the lodge I guarantee you every single year I approach the lodgewith great respect. I’ve been anticipating it all day long because by about the second or third round I’mnormally thinking why the hell am I me? Why couldn’t I just do a weiney ass lodge like someone else does andthe reason is because when you emerge you will be a different person. Because when you have faced your owndeath you stared it in the eyes and you’ve overcome it, then life’s never the same it’s really just not. It’s justnot. Now I’m sure there’s gonna be some questions. But have I told you to hydrate, hydrate, hydrate, hydrate,hydrate, hydrate, hydrate? Have I told you to take salt all week long, yeah? So please remember that. We’renot going to have lunch because the last thing you want in a lodge is a full stomach that has to be emptied in thelodge for everyone else to sit on. Not a good thing. When you enter the lodge you are entering a temple. I askyou to treat it as such. While it’s rustic in the traditions you are entering a temple. It’s every bit as sacred as togo to the Vatican or anywhere else that you may go to worship, the Taj Mahal. Historically you are movinginto a temple. Anytime you move into a sacred circle then you only move one way in a sacred circle. Whoknows which way? Clockwise so let’s give you a visual. We’re gonna be entering from the south correct?Yes. And the south represents what? Transformation and what element? Fire, how appropriate. Now so we’llhave a doorway in the south. When you come in you will go clockwise and you’ll go all the way around to thefirst spot available. I will go in first, Meghan will follow, Taylor will follow Meghan and then it will shake outhowever it shakes out from there. You fill in along the back, you’re gonna be sitting on Mother Earth, right inthe dirt. So whatever clothes you brought to we told you to bring I don’t know what it says in the participantguide, a bathing suit or something? Hopefully it’s not a very nice bathing suit because it will be munged up bythe time we’re done, I promise you. So whatever you choose to wear you know if you have a bathing suit that’sfine uhm I guarantee you that no matter now cutesy you might look normally you ain’t gonna look cute whenyou’re done. So I would encourage you to to you know a pair of shorts and a t-shirt is a good way to go for theladies, you know swim trunks for the men. But we’re gonna go in, you will not be able to stand up. You’llmake one full rotation around the lodge and you’ll stop wherever the position is. Now invariably what starts tohappen almost every year is that you think you’re gonna sit with that much space between you but you’re not.You’re not. If you have touchaphobia you’re gonna have to get over it because everybody’s gonna be butted upagainst everybody, shoulder to shoulder. So you’ll tuck in as close as you can to each other against the backwall. In the middle is the pit okay? So once the back wall is full all the way around then if you come in andyou come full rotation and there’s no more gaps so you’ve got to make a full rotation right? So excuse me letme correct that. You’ve got, you’ve got you will stop I’m not gonna make you make a full rotation. You willstop wherever the line is stopped but pretty soon someone’s gonna come in and it’s full up to here. Now weneed to leave one space here for our stone master who’s gonna bring in what’s called the grandfathers. Now inthe Native American tradition everything has a consciousness, everything is an energy and they believe thestone people are the most ancient people on the planet. And so out of respect for the tradition they’re gonna bethey’re heating our grandfather’s right now. They’re heating them right now, getting them to a fevered pitch.And they will bring them in normally one maybe two at a time. I will call as the grand master in this templeand I need you to think of it that way because the person running the lodge is just is like a priest if that if that ifyou understand that. Treat it with respect please. That means you don’t talk over me, you don’t say anythingunless you’re asked to say anything. But I will call for the grandfathers and they will come in and traditionallywhat we do is the grandfather’s come in is we all yell in unison Aho Grandfather. Let’s practice it. AhoGrandfather. And so as they come in each time they come in Aho Grandfather which is just a symbol of respectto to the consciousness of earth itself. And so Aaron is gonna be our stone master. He will be taking thepitchfork and sliding them on in and you know I just follow my inspiration. But for those of you who havebeen in a lodge before I normally start with about 12 stones first round if that tells you anything. We’re gonna,we’re gonna lift off fast okay? Now once once this outside line then this first person’s gonna come all the wayaround and sit in front of Meghan, you cannot sit in front of me because I have to run the ceremony. So youwill sit right whoever’s on the inside row will sit right in front of Meghan and if you’re on the back row what’s2| P a g e
really nice for your your fellow lodgers is if you’ll pull your knees up in front of you then they can lean againstyour legs as a back support. Okay? Once we’re all in, let me back up. Before we enter we’re going to do asacred fire ceremony out here in front of the lodge. You will bring all of your pages that you’ve recapitulatedout of your notebook. You’re gonna tear them out of your notebook and you’re gonna offer them to the fire inassemble of release. And let the fire just bum them and transform them. And we’re going to breath and feelyourself lighten and it’s just gone, just just symbolically those things are gone from your life. You will alsooffer your stone to the pit where the grandfathers are. Now we have a person, the people, this is a very sacredlodge. The person who’s down here preparing our grandfathers is not just heating stones. He he is praying overthose stones, he’s, he’s, he’s holding sacred space over those stones, he’s setting intentions for a greatexperience for you over those stones and so please when we get there we’re gonna circle around the fire butremember this is this is something that’s as old as time and we need to take it seriously. And approach it withwith great, great respect. Willing to do that say yes. Good so we’re gonna offer the stones, you always releasewith your right hand whether it’s the papers or the stones. Energy comes in from the left and exits through theright so you always are gonna give away what you don’t want into the fire with your right hand. You’re gonnahave your tobacco pouches around your neck like many of you already do. You will be saged before you get into the temple. Now sage historically has been a cleansing agent and so please remember as always it’s not theritual it’s what you bring to the ritual. You will stand like this like a 5 pointed star and you’ll be saged all theway around your body, all the way around. You’ll have to lift up one foot, lift up the other foot. They’ll go allthe way around your body and you’re gonna breathe. You breathe and you set your intentions and you releaseany fears, you release any lack of courage, you release any limitations. This this is your ceremony and youbegin at the moment that you start to get purified with sage. When the Dream Team is finished saging you, youwill turn around and they’ll will do it from the back again. Around the back you don’t have to lift your foot thesecond time. They’ll just go down your foot, up between your legs and around and around, they’ll get aroundyour crown shakra, they’ll get around your heart and when your saged you’ll get a hug and then when you enterthe lodge after we’ve already released things in the fire, you’ve been saged, you enter the lodge, you pause for amoment out of respect at the doorway. And you do whatever comes naturally to you out of respect quickly.You take a breath, you set your intention, you get your heart, mind and spirit in alignment. You squat down andyou’ll have to crawl cause you can’t stand up in this. You might, you might be able to to shimmy like this, I’mnot sure. It’s really low? Okay good nowhere for the heat to escape. Damn it. Now once we’re all in thenwe’ll begin the ceremony. Now I’ll call in the grandfathers. Once the grandfathers are in we’ll close the gate.It’ll go completely pitch black. If you have darkness or claustrophobic issues this is an opportunity for you toget over them, to set yourself free from that. Cause it’ll be pitch. Eventually your eyes will adjust and you’llsee some some glow from the middle of of the pit. Now those of you, I will just tell you those of you on theinside circle you get more of the heat. Everyone gets the heat but it’s hotter on the inside then it is on theoutside. So there’s two ways to approach any kind of activity in life. There’s thinking only of me or there’sthinking of me and others. And I encourage you to take option two which is me and others and so there mightcome a time during some of the rounds in the lodge where someone’s in front of you and they go hey can I just,can we switch places for a couple minutes and it would be a really nice gesture to to be willing to do that. Nowhere’s what we know about heat. Heat goes which direction? Rises. There’s not gonna be a lot of places for itto go cause the lodge is low. However heat does rise so when it gets hot, by the time we get to like the twentyseventh round, just kidding. I will promise you we’ll have at least seven rounds, at least seven rounds and againit just depends on how I get inspired. And and and you’ve got to just, you’ve got to surrender to it and you’vegot to get into the sacred space. And one of the ways we’re gonna do that is we’ll be doing some chanting,we’ll be saying some prayers, you’ll be only when I tell you though. I’m the master of the lodge and so when Itell you to do something then that’s when you do it. When you come into the lodge and you’ve set your youfind your place then you’re gonna take your tobacco pouches off and your very, you’re gonna very gently, it’smade out of sticks. So it doesn’t, it can’t take a lot of duress but you’re gonna tie your tobacco pouches on theframework of the lodge right above your head. So symbolically all of your intentions and your rituals thatyou’ve done already are right above your head and you’re gonna have, you’re gonna have the the first pouchwhich represents what, who remembers? Underworld good, closest to you and then going up. Alright so you3 I P a g e
can just I don’t know if you’re gonna tie a knot or you stick it under the stick or whatever but be gentle becausethe structure is is obviously it’s not gonna take a lot of duress. You’re gonna, you’re gonna put that up aboveyour head, no knots okay? Yeah cause they’re too hard to get off and you’re gonna want to take it off later,you’re not gonna leave it in the lodge. So we’ll do at least seven rounds because you have seven pouches. Wegot to do at least one for every round every pouch. And normally the first round for me is just a warm up roundso you’re just gonna have to get in that space where hey you know it’s just like holding the books or doinganything else, I’m gonna have to transcend my physical body. And you can do this. You can do this.Regardless of whether you think you can or you can’t you can, I know you can. We’ve been doing this foryears, you can do this. It’s just a matter of whether or not you will. And there’s gonna come a time whereyou’re gonna want to run, you’re gonna want to bolt. I know cause I feel that way too and it’s in thosemoments where you get to say hey, this is my chance to live impeccably. This is my chance to live honorablyand to to live my values above and beyond my moods. Because mood says get the hell out of here but this ismy commitment and what I’m willing to do and so that’s why it’s such a great, great metaphor. So every singleround we’ll bring in, the first round I will use you’ll get saged outside. First round I will use, I’ll offer somesandalwood, we’re set right? Offer some sandalwood to the fire and to the lodge. Sandalwood historically hasbeen has been the incense of the angel, the Archangel of Earth. Now one of the things you’ll know about mylodge if you’ve been in a lodge before is that I’m very eclectic as we are, as we all are. So I’ll I may teach youHebrew chants, which is not very Native American. I may call forth Archangels. 11 really don’t know whatI’m gonna do until I get in there and it starts to happen but I will pull from every tradition at some point in timethat I’ve been exposed to and will bring all those energies and all that sacredness into the lodge and that’s oneof the reasons why my Native American friend says hey your lodge is so amazing because there’s nobody whodoes that. No one else who does that. So I’ll offer sandalwood uhm to the fire to begin first round and thenwe’ll start our first round. We may do some chanting first, we may say some prayers first, I definitely at somepoint will ask you to offer up your prayers to the lodge and to the universe for each of your seven pouches. Soso when it’s time for the underworld it’ll be time for you at that point to proclaim forth what you’ve committedto doing in in that direction with your unconscious issues in this instance. And you’ll need to proclaim it likelike you really mean it and you’ll keep doing it until you feel complete on that. And so we’ll have that timewith each round, the pouch specific rounds to do your prayers, your proclamations uh for your intentions andand that’s where you really find your strength. You’ll find your strength in the unity of this group. You’ll findyour strength in the connectivity to your intentions and the things that you’ve said were important to you out inthe desert. Now a couple things physically. Because heat rises when it gets really, really hot the closer you getto Mother Earth the cooler it is and so you might if it’s just really hot you might want to to just lay your facedown or get down closer to Mother Earth and she will cool you. It will probably be slushy and sandy, youknow I mean there’s never, there’s not been a year where I haven’t come out with sand all up in my ears andnose and hair and everywhere else. But you know that’s what showers are for. We talked about switchingplaces, possibility. If and I’m not saying this intention but I’m just gonna tell you my one of my teachers taughtme a long time ago prepare for the worst and expect the best. So my expectation because I know what you cando, my expectation is that you’re gonna go through this like a Samurai. And you’re gonna overcomewhatever’s going on in your head; this mother fucking James Ray shit right? Or whatever you’re gonnatranscend that and it’s gonna show you, it’s gonna give you a very powerful reference of what you’re capable ofdoing, what you’re really capable of doing. Now that being said if you, if you just get to the point where youjust, you just you gotta leave, you you just feel like you cannot then a couple things. Is that please rememberthis is extremely hot in the center and many of you are gonna be close to that. Now it’s a sacred temple and youonly move what way? Clockwise, so if you have to leave then you need to and you’re right here you can’t duckout this way. You have to go all the way around and go out of the lodge. Now after every round we’ll open thegate for more grandfathers and sometimes I’ll leave it open for a little while for just to let some fresh air in.And so you cannot leave during a round. If you have if you feel like you just cannot transcend and overcomethis then when the gates are open if you have to leave you leave and you leave very very in a controlled manner.Very carefully because there’s legs and it’s dark. There’s legs and there’s knees and there’s elbows and youknow the last thing we want is anybody in the pit. We’ve never had anyone in the pit but just make sure you4| P a g e
make your way around and and you exit out of the lodge. Now that we’ve prepared for that I’m expecting thebest. However when we leave the lodge, when it’s done then I will go out first and the outer row will follow meall the way around and and please here here’s what’s gonna happen. You will be in such an altered state,probably the most you know profound altered state you’ve ever been in minus psycho actives. Seriously I meanyou, you may see visions, it’s a, it’s a great opportunity for you to explore your own consciousness. We’ve hadpeople who just don’t even know where they are anymore. I mean if any of you saw Mike after he held thebooks last night he, he, he wasn’t there. It took him awhile to get back into his body and get grounded and it’sgonna be similar at the lodge. It’s gonna take you awhile to get your bearings back again and come into thethird dimension because you’re gonna be in an altered dimension literally and so what that means and and andlet me tell you up front because what starts to happen and has happened in years past is that you forget whereyou are, you forget what you’re a part of and you know people start yelling crazy stuff in the lodge. Well that’sdisrespectful. It’s disrespectful to the lodge and I’ve had I’ve had to to warn one particular person in past years,hey if you don’t quiet down I’m going to ask you to leave because you’re disrupting the ceremony. So it’sgonna be a great opportunity for you to be able to be lucid in an extreme altered state. And I can’t describe it toyou till you’ve been there but you’ll know what I’m talking about tonight when it’s done because it’s anextreme altered state. Now that being said when we exit invariably there’s at least one or two people who arelike oh my God it’s over I’ve gotta get the hell out of here. You know and they and they try to stampede andthat’s very dangerous. You’re gonna have to keep your shit together as much as you can in an extreme alteredstate and just hold on. You know it’s over; you made it, congratulate yourself and just hold on. If you just waittill the lines get out of there it’s gonna take you you know two minutes to get out of there instead of stampedingthe door and potentially hurting yourself or hurting someone else. When you come out there’s a there’s anextremely healthful, physiological experience on this, for this. You will purge toxins like you’ve never purgedtoxins before. You know it’ll be running out of your nose, it’ll be running out of your pores. You you will getrid of a lot of physiological toxins which is very healthy. Now your pores are gonna be wide open so when youcome out first of all I want you to come out reborn. You’re coming out of the womb of Mother Earth. Comeout reborn and the first thing we’re gonna do is hose you down with cold water. Now that’s not gonna be yourfavorite thing probably but there’s a physiological reason for this. Your pores are wide open and the toxins thatare in your system are gonna come out on to your skin and if they haven’t dropped off in the lodge yet thenthey’re sitting on top of you. If you don’t, if you don’t close your pores then those toxins are gonna go rightback in, does that make sense, say yes. Good. So you need to close those pores that’s why why it’s alwaysvery very important after a sauna or anything else to take a cold shower or a cold plunge. Because you’ve gotto close those pores and get the toxins and the cold water will close it’ll be shocking I promise you but it’ll alsofeel amazing. It’s kinda one of those shock amazing things at the same time. And it will rinse all the toxins offof you and then you’re gonna want to hydrate. And we’ll have, we’ll have all your waters. Hydrate betweenthen and now and we’re gonna be there shortly, very shortly. Alright so hydrate, hydrate and bring water withyou down there and we’ll have a table out there you can leave your water on and so you get sprayed off andthen you drink and then we’re going to from that point we’re gonna take a break. You have forty five minutesto go get cleaned up and then we’ll have a celebratory dinner. Now here’s the other thing that’s really coolabout sweat lodges. You when you come out your skin will feel like it’s never felt before. It will be like babysoft skin. I mean it’s, it just peels off the crap, it really does. It’s very very good for your skin to do this. We’llhave a celebratory dinner at 6:30 and then at 7:30 we’ll be back in here to share our personal breakthroughs andour experiences. So we’re supposed to be there in fifteen minutes. What questions do you have? Oh jewelrythank you. You must remove all your jewelry, all your jewelry. Now I personally am not gonna remove thisring because first of all it doesn’t really come off. The thing about but this ring will heat up at the same timemy body does but necklaces won’t and they’ll burn you. They can literally scorch you you know cause causeit’ll be getting hot and it’ll get in your skin. So all earrings and and necklaces and watches and everything elseneeds to come off. If you have a wedding band and you want to leave it on that’s great uhm I’m gonna leavethis one on uhm but only because of the reasons I’ve already, this is a very special ring very important to meand and it doesn’t come off very easily. Any other quick questions on the lodge? Yes.
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Unknown:
Janies are we close enough to the creek that we can get in that?
Janies Ray:
No, no, no you get the hose. Okay quickly, come on quick.
Unknown:
About how long does it take?
James Ray:
The lodge?
Unknown:
Yeah
James Ray:
Oh I don’t know.
Unknown:
Yeah just approximately
James Ray:
Two hours maybe, three hours. Oh oh yes one other thing I almost forgot, a very important thing. Historicallyyou give you always give a gift to your stone master. The person who’s preparing your stones and he is verylovingly doing that. He’s worked with us for many years. A wonderful man and he puts a lot of heart and thisis hard work. It’s very hot down there around that fire, he’s heating up those stones right now and so so youknow if each of you would bring 3 to 5 dollars, just 3 to 5 bucks is plenty and if we all give 3 to 5 bucks thenwe can, when are we gonna do it? We’re gonna give it to Melinda, she’ll put it in an envelope and then I’llpresent it to him from us. So if everybody’d just be prepared to do that, give it to Melinda. 3 to 5 dollars uhmis is is really more than enough, okay? Yes?
Unknown:
James does this raise your blood pressure?
James Ray:
Uhhhh, yeah it could. It could. Just like working out raises your blood pressure. So you’ll have to choose totake care of yourself as you feel that you need to take care of yourself. Other questions? Take, Meghan’sgiving me all kinds of signals. Take your makeup off, we don’t want it running onto our legs and shit and youknow in the lodge. Take your makeup off. Yes?
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Unknown:
Uhm if there’s a choice to sort of is it easier if your skin is exposed or covered with a t-shirt? Not easier, does itmake a difference?
James Ray:
There’s no easy. There’s no easy on this. Uhm I don’t know, I’ve never worn a t-shirt. You know traditionallyyou go in naked and there’s some of you I just don’t want to see. So so please at least wear trunks. Yes?
Unknown:
What if you need to use the restroom during?
James Ray:
You go before you get in.
Unknown:
What about during?
James Ray:
You go before you get in. Take out contacts if you wear those, yeah earrings, necklaces, no glasses.Unknown:
I know but should we leave them back in our thing or right outside
James Ray:
It depends on how blind you are unless you need them. If you can, if you can walk down there without them, Iwould encourage that. Leave them in your, in your room. Okay other questions quick, quick, hang tight folkswe’re all trying to scramble here too fast. Uhm 3 to 5 dollars, your tobacco pouches, your stone, your pagesthat you’re gonna bum and a a determination of steel and a commitment to show yourself and the universe thatyou’re willing to live your values above and beyond your moods or your physiological creeks and crones.
Unknown:
And where is it that we will meet?
James Ray:
We’re gonna meet straight down there, you’ll see the lodge. Okay straight down here at like 2:15 like sevenminutes from now. Ready, GO!
7| P a g e
IN ENLIGHTEN US, A DISGRACED GURU FILES TO FINDREDEMPTION
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1HEVERGE TWEEJECH - Mi . CULTURE . CARS . REVIEWS -REPORT \ ENTERTAINMENT \ TRIBECA \
In Enlighten Us, a disgraced gurufails to find redemptionA new documentary on James Arthur Ray doesn't go far enoughby Matt Stroud | Apr 18, 2016, 12:52pm
SHARE TWEET LINKEDIN
On a ranch outside Sedona , Arizona on October 8th , 2009, more than 50followers of self-help guru James Arthur Ray approached the conclusion of a
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iWarrior" seminar they paid $10,000 or more to attend. RayTWEET SHARE
'i attendees to shave their heads, and meditate without food orwater in the desert for days. For the seminar’s finale, they were asked toparticipate in a sweat lodge ceremony. Every participant would be ushered intoa makeshift dome and encouraged to endure crowded, moisture-soaked,circulation-free extreme heat while Ray sat next to the dome’s only entrance.The ceremony did not go well. By nightfall, people were hallucinating andscreaming for help in the middle of the desert. A first responder who arrived atthe scene described it as looking like a mass suicide. Three people eventuallydied from heatstroke, and 18 others were hospitalized.
Ray was convicted of negligent homicide and sentenced to two years in prison.Shortly after he was released in 2013, I wrote a feature for The Verge aboutRay’s crimes, and the beginning stages of a comeback Ray hoped to mount.
THREE PEOPLE 0IE0 FROM HEATSTROKENow, a new CNN Films documentary, Enlighten Us: The Rise and Fall of JamesArthur Ray, follows Ray’s progress since then. Directed by Jenny Carchman —a producer behind documentary films such as Public Speaking, MartinScorsese’s film about New York author and actress Fran Lebowitz — EnlightenUs debuts at the Tribeca Film Festival in New York.
Ray’s rise to fame followed his inclusion in The Secret — the ubiquitous film andbook that spawned a self-help empire. Ray capitalized on his Secret inclusionby selling books, DVDs, and tickets to speaking tours.
The cornerstone of Ray’s business empire were his live events. In coldauditoriums, he would give high-energy presentations for free or veryinexpensive prices. He would then offer an upsell: special, more intimate, multi¬day sessions that cost hundreds of dollars. In those sometimes daylongsessions, Ray would upsell again, offering the opportunity to participate in multi¬
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^g^^erest.n^at.ons with^Ray and his self-help team. That’s
XWaf leacn^neTwe-day "Spiritual Warrior" seminar in the Sedona desert —and to Ray’s fall and his imprisonment.
f/
Granting extraordinary access to Ray and his family, Enlighten Us documentsRay’s early life and rise in the self-help industry through file footage and familyvideos; his fame after being included in The Secret, and his attempts to rebuildhis business after his prison release.
Much of the film’s success lies in what’s not said. Ray says ad nauseam — bothin the film and in real life — that he feels sorry for killing three people. But thoseapologies are never said in the context of offering sympathy for his victims’
families, or regret for taking his schtick too far. Ray’s apologies are, instead , inthe context of his ruined career and complaints about an overzealous criminaljustice system.
In one scene, more than an hour into Enlighten Us, we see Ray in a blue T-shirt,his hair streaked with blond and nearly shoulder length , attempting with teary
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he fl^dflie Sedona c^rime scene when trouble began to
oblivious to the chaos because he had gone to his room to take a shower as ittranspired . "When they told me there were people in serious distress, I was like,What?’" he says in the film. "I was in shock.. . I mean , my entire life completelycollapsed within a period of about 15 minutes."
Ray does not seem contrite. When he addresses his crimes in a subsequent2015 presentation shown in the film, he tells a crowd of about 15 peoplegathered in Phoenix that he’s been treated unfairly.
THOSE musics ARE mssms m THE comm OF OFEERIHO sworn"The case that ensued set legal precedent," he insists. It was, he says, "the firsttime in the history of this country [when] consenting adults participated willfullyin a legal activity... an accident occurred , and it was prosecuted as a crime." Helater says that the sweat lodge tragedy "had to happen for [him] to learn andgrow."
Such scenes in the film are powerful depictions of Ray’s blatant narcissism. Butthey also represent where Enlighten Us fails.
The implication that no accident has ever been prosecuted as a crime ispatently false: airplane crashes, hunting accidents, accidental heatstroke deathsin cars, the BP oil spill. Accidents are prosecuted as crimes all the time, and yetthe filmmakers brush right past that, allowing Ray’s willful misdirection to passas meaningful commentary.
Furthermore, relatives of victims are never interviewed on camera in EnlightenUs. I followed up with some of them to see what they thought of the film. GinnyBrown is mother of one of Ray’s victims, Kirby Brown. Kirby was one of the
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Ja tocU^be dragged out of Ra^s sweat lodge and who died of relatedffljffibs*FSficMreSboth Ginny and Kirby’s sister, Jean, the film.
Ginny said that Enlighten Us makes it seem as though the 2009 sweat lodgetragedy was an isolated incident — truly an accident with no warning signs.
That’s false. Sweat lodge ceremonies organized in Sedona by Ray in years priorto 2009 had gone haywire, sending multiple people to nearby hospitals for heatstroke. Ray did nothing to stem the danger inside his sweat lodge, and in factpressed in 2009 to cram more people inside, and to make the tent hotter, moreintense. What’s more, just three months before the 2009 sweat lodge tragedy, aparticipant in one of Ray’s San Diego events, Colleen Conaway, committedsuicide during an exercise in which Ray encouraged his followers to pretendthey were homeless. Ray’s 2009 arrest warrant outlines those prior events andmore. The film ignores them.
In the wake of Kirby’s death, the Browns started a nonprofit organizationcalled SEEK Safely, designed to "educate, empower, and promote the publicabout the unregulated self help industry." Despite Ray’s insistence in the filmthat he "lost three friends" in Sedona, he has never attempted to contact theBrowns and has failed to sign the SEEK Safely Promise — a set of guidelinesfor self-help professionals to "support every individual’s right to a safe andconstructive journey so that each person might find the personal growth andchange he/she seeks."
OFUTIVFS OF VICTIMSMmomama ON mmGinny — herself a licensed clinical social worker — tells me that no one fromthe Enlighten Us film crew attempted to contact the Browns. (Through aspokesperson, the filmmakers behind Enlighten Us deny this claim.) Ginnyindependently contacted Jenny Carchman, she says, and the two had lunch inManhattan. But Carchman declined to interview Ginny on film. Kirby’s sister,Jean Brown, says she also attempted to get in touch with members of the
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, but they never returned her phone calls. (Through aTWEET SHARE
b filmmakers behind Enlighten Us could neither confirm nordeny this was the case.) The result, Ginny says, is that the film fails to tell thewhole story it’s attempting to tell.
"I don’t think [the filmmakers] did enough work to sort out what happened," Jeansays. "I understand that it’s a film about James Ray, and not about Sedona...But if you’re looking at Sedona as a pivot point in his life, then don’t you want toknow for yourself — not from his perspective — what really happened?"
She continued: "When he says in the film that he believes what happened inSedona ‘had to happen for [him] to learn and grow,’ that tells me that anyintrospective work he did in prison was all about how to turn his crime into astory of his own personal growth , and not about considering what he may havedone that caused three deaths. That the film doesn't press him on that pointmakes me feel that while Carchman may not have paid for her access to JamesRay, it certainly seems she bought in."
ms luuwmim NOW Fiu mr SMALL oom COMRFMF ROOMSCarchman explains it differently. In an interview with The Verge , she says thedecision not to include victims’ families was purely a narrative decision.
"We decided after a long conversation that this was a story that was going to betold through the point of view of the people who were there" in the sweat lodge,Carchman said. "It was important for us... to follow the characters into the sweatlodge as they were experiencing James’ events and James’ trajectory andpyramid of courses and the lead up into signing up for Sedona. We made thedecision that we really needed to hear from the people who were actuallyexperiencing the sweat lodge itself."
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inline investigator who^blogged obsessively about the Ray trial
on — and who obsessively tracked the story about ColleenConaway’s suicide — dismissed that explanation and agreed with the Browns.
"Ray seems totally convinced that it was worth people dying for him to becomethe man he is today," Jones says. "They made a movie about James Raystepping over graves into glory, without including a single word from the familiesof the dead. It's almost as ridiculous as James Ray still telling people how to findwealth and success... like he did."
Jones is right to imply that Ray sells a path to success without having muchsuccess to show for himself. There’s a point in Enlighten Us where Raycomplains that book publishers tell him and his agent that he’s got a "greatstory" that "needs to be told," but that his story lacks something very important:a comeback.
Despite Ray’s obvious ambition, Enlighten Us shows Ray nowhere near thelevel of success he achieved after The Secret’s release: his large gatheringsnow fill only small hotel conference rooms, and when he attempts to upsell,those sales often fail to materialize. If Enlighten Us is truly successful in anyregard, it's in showing that a guru who deserved to fall is having quite a lot oftrouble getting back up again.
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