Small Town News

Judge upholds gag order in Ray case

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A Yavapai County Superior Court judge has enforced a gag order on attorneys and law enforcement relating to the upcoming manslaughter trial of James Arthur Ray.

The 52-year-old self-help author and motivational speaker was arrested earlier this year and charged with three counts of manslaughter when three people died after participating in a sweat lodge ceremony he hosted in October at Angel Valley Retreat Center near Sedona. Ray pleaded not guilty.

Citing Ray's right to a fair trial, Judge Warren Darrow granted the prosecution's request for the gag order, originally made in February after Ray's defense attorneys made several appearances in the media to discuss the case. Prosecutors said that making any statements about the case outside of a courtroom could potentially taint the jury pool, especially in a case that has received considerable media attention.

Defense attorney Luis Li argued that Ray's team was trying to undo damage caused by what they said were comments made by employees of the Yavapai County Sheriff's Office. Li also argued that Ray had voluntarily turned himself in Prescott, but was still given a "perp walk" in an orange jumpsuit for the benefit of the media.

The gag order applies to all attorneys involved in the case as well as "all employees of the Yavapai County Sheriff's Office," according to the ruling dated March 31.

The order requires that those groups not discuss Ray's character, reputation, any possible plea deals, opinions as to guilt or innocence, anything that a lawyer would reasonably, know would be inadmissible as evidence in court, and any discussion of the fact Ray has been charged with a crime, unless it is in the context of pointing out that he is innocent until proven guilty.

"A defendant's right to a fair trial before an impartial jury, a right that is protected by the Sixth Amendment to the United States Constitution and by ... the Arizona Constitution, 'is an essential part of our system of justice,'" Darrow wrote. "Furthermore, the public and the government have a legitimate expectation that the 'judicial system will produce fair results.'"

The court has also issued a stay on a host of subpoenas issued by the defense for numerous medical records and other documents from emergency workers and health providers concerning the sweat lodge incident that left three dead and many others injured.

The state asked the court to quash the motions, arguing that the defense didn't follow the proper procedures and that the prosecution has already and would continue to provide that information to the defense.

Ray's trial is scheduled to begin Tuesday, Aug. 31. The next pretrial conference is scheduled for Monday, April 26. '



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© 2010 Sedona Red Rock News Sedona, Arizona. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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