CNN has inexplicably stopped the video feed of the trial and other daily reports are thin on the ground.

Here is a comprehensive round-up of the last few days as the prosecution winds up its case, from La Vaughn at Celestial Reflections blog:

[celestial-reflections.blogspot.com]

[celestial-reflections.blogspot.com]

Was Mr. Ross called as an expert witness yet, or will he be used to rebut defense testimony?

The Defence has filed a motion for dismissal, basically claiming that the prosecution has not proved their case. Its long-winded, remember the White Papers this bunch published in an attempt to pre-empt a trial?

The prosecution will respond to this motion on Monday and arguments on the motion begin on Tuesday.

[apps.supremecourt.az.gov]



Edited 1 time(s). Last edit at 06/07/2011 06:52AM by Stoic.

I have no idea what the judge will make of this, nor its legal merits, but in relation to the reality of the events the White Paper made stronger arguments. Like for example that Ray would have ended the ceremony had he heard any pleas for help; that he had no fore-warning given that he led previous sweat lodges in the same structure without incident, and that other groups had done sweat lodges in the same structure without any problems. Those who have been following the trial will know why none of those arguments are included.

The first argument is an especially chilling indication of James Ray's attitude to those who trusted him and paid him: "Mr Ray was not legally obliged to act."

The response of the prosecution to the motion to dismiss:

[apps.supremecourt.az.gov]

Motion to dismiss denied, trial resumes.

CNN video feed coverage also resumed for the legal arguments over the motion.

The defence rested on 9 June after just two witnesses, a forensic criminologist who testified that nothing substantial was found in the various lab tests and a medical expert who argued that organophosphate poisoning was the culprit, despite his having never seen a case of human organophosphate poisoning or knowing of a human death from such poisoning.

The defence medical expert was asked a question by the jury at the end of his testimony that rather undermined his conclusion, namely that if someone passes out (loses consciousness) in a sweat tent is it OK to leave the passed out person inside?
The defence expert replied that the person should be removed as passing out is a sympton of heat exhaustion.

So both defence witnesses seemed to bolster the prosecution case--which may have had a bearing on the decision by the defence to rest.

Closing arguments begin on Tuesday so the end of this trial is in sight.

[www.azcentral.com]

[saltydroid.info]



Edited 2 time(s). Last edit at 06/11/2011 05:01PM by Stoic.

An article and blog post roundup of the last few days events--again, not available on video feed:

[insession.blogs.cnn.com]

[celestial-reflections.blogspot.com]



Edited 1 time(s). Last edit at 06/12/2011 03:31AM by Stoic.

Ongoing arguments over organophosphates and DeathRay's responsibilities and duties--or not-- for his customers' welfare, another mistrial motion and a try at another 'Brady violation' from the defence:

[verdenews.com]


'Darrow had cautioned the state more than once during the course of the trial that it was incumbent on them to prove that Ray had a duty outside of the criminal charges he faces to protect his clients. That caution hung over the proceedings, and was a major element of the defense motion to acquit, until the judge denied that motion on Tuesday, stating that he found that duty based on the large amounts the victims had paid to attend the Spiritual Warrior seminar. On Friday, the discussion turned to another definition of Ray's alleged duty, the "creation of peril," under which he would be compelled to act once he became aware that his clients were in distress.

This notion raised the ire of defense attorney Luis Li.

"This is the first time that the defense has been notified... of any duty personally owed by Mr. Ray," Li said. "The rules are that the defendant must know the substance of the charges against him."

Li made an oral motion for mistrial, based on a state-proposed jury instruction that stated that duty as fact. Darrow immediately denied the motion, but the argument about Ray's alleged duties, acts and omissions continued.

"If the defendant's conduct... causes the harm, it's the defendant's duty to help them," prosecutor Bill Hughes said. "It's that conduct, that failure, that triggers the reckless manslaughter statute."

"This is a very new theory of criminal liability," Li countered. "It now purports to argue that even if Mr. Ray's conduct was not at fault, he's responsible. There's no defense anymore."


It seems that both Ray and the defence team have been unaware this whole time that the Spiritual Warrior participants expected Ray to exercise his responsibility as a leader to keep them alive and healthy throughout the various events.



Edited 3 time(s). Last edit at 06/12/2011 09:27AM by Stoic.

The jury should have this wrapped up within a couple days if not hours.

Bye bye, DeathRay. Maybe your cell-mate can play "spiritual warrior" with you after lights-out.