Friday was the final day for jury selection in the upcoming James Ray trial.

Ray is facing manslaughter charges after 3 people died, allegedly as a result of a sweat lodge ceremony he organized as part of a Spiritual Warrior retreat held in October, 2009. In a letter to Deputy County Attorney Bill Hughes, dated December 1, 2009, Ray's attorney, Luis Li, writes, "...a review of these and other facts shows that the deaths were heartbreaking and tragic, but were not the result of criminal negligence on the part of James Ray or JRI. This was a terrible accident. Much has been written and said about this matter - some true, some not - but nothing will ever alter that simple fact."

A warrant was issued for Ray's arrest a little more than a year ago, on February 3, 2010. He was taken into custody, and held on a $5,000,000 bond, which was later reduced to $500,000. Now, after more than 325 documents (scroll about 1/3 of the way down) filed in the case, the trial is set to begin.

Ray, who was in court for today's proceedings, looked much more at ease than he was a year ago. Now, tanned and relaxed in a brown suit and blue shirt with thin brown stripes, he spoke easily to his attorneys and even smiled briefly at those in the courtroom.

Live Coverage?

Two things happened today. The final set of jurors was culled and grouped for the last questions. Secondly, the question of whether or not video, and live streaming would be allowed, was considered. A smaller issue also discussed was the use of microphones for the video feed at the tables for state and defense council.

"If there's going to be meaningful coverage, there's got to be a workable mic," Judge Darrow said with practicality. After a demonstration by Desert Sky Media's Mitchell Pietz, working for In Session (formerly known as Court TV), and providing the "pool" video for reporters, attorneys on both sides seemed to feel more reassured with the setup.

County Attorney Sheila Polk, representing the State's side, but with full agreement by the defense, stated, "Nobody has objection to coverage. There is no objection to video cameras. The issue is live camera coverage."

She then went on to cite several legal precedents, and asked, "How do we ensure that the witnesses cannot hear the proceedings? We ask that in making your decision, you consider the impact live coverage has on the right of both sides to have a fair trial."

In the meantime, David Bodney, the attorney representing several media groups, argued, "I am not aware in modern times, of an instance where live coverage has posed a threat to a fair trial... The public has a substantial right to know about these proceedings. Don't close coverage of this trial due to what is simply a speculation."

Although Polk brought up numerous objections to having the proceedings streamed live, including the need to ensure that witnesses cannot hear the proceedings, in the end, Judge Darrow chose to allow live streaming, stating, "The likelihood of harm does not outweigh the benefits to the public."

Darrow did, however, stress the importance of instructions and admonitions to both the jury and also to potential witnesses. "There is a premium on getting instructions to witnesses as soon as possible," he emphasized. "There has to be an instruction out there, or else there will be problems."

He directed attorneys on both sides to inform witnesses not to watch any television coverage of these proceedings, and to avoid any exposure of accounts regarding this trial in any media.

Final Jury Selection

Jury selection started on Tuesday, the 22nd, and by Friday, the group had been whittled down to about 60, with 30 initial choices. Deputy County Attorney Bill Hughes asked several questions of individual potential jurors centered around their response to 'new Age' type philosophies, and whether they had read or watched 'The Secret'. He discussed several comments that had been overheard, such as, "I don't have respect for people who put themselves in this position," and '...people who pay good money to get advice from a motivational speaker...' After each topic, he zeroed in on the question,

"Can you be fair and impartial?"

Local Attorney Tom Kelly, also representing James Ray, had a different focus. He picked up a thick blue book, and identified it as the current law in the State of Arizona. "Does everyone understand that they have a duty to make a decision solely based on the law? When you take the oath, you're giving us your word that you're going to follow the law."

He continued, "Mr. Ray is presumed innocent until Miss Polk proves beyond a reasonable doubt that James Ray is guilty."

One juror mentioned that they have a friend who is a retired judge, and a neighbor who is a police officer. Kelly pointed out that they are not allowed to use any outside information in determining a verdict. "You can't talk to your spouse, your neighbor the judge. You can't even talk amongst yourselves."

After that, Li spoke about outdoor sports, hiking and fishing. "Is there anything wrong with pushing yourself too hard," he asked. "Do people agree with me that generally it's a good thing? Should people try to live a better life? Is there anything wrong with trying every day to be a better dad, for example?"

Li shared a personal anecdote, telling the group in the jury pool, "I climbed Mt. McKinley about 15 years ago." Explaining that the mountain is 20,320 feet high, Li confessed that he threw up 3-4 times on the way to the summit. "Was that stupid? Does anybody think you shouldn't try to achieve high peaks in your life," he asked.

Li asked a final question, "Could you commit to us that you could go into that jury room and be proud of that verdict no matter what?"

One of the jurors responded that he wasn't sure he could be proud of any decision. "The point is that we follow the law no matter how we feel," he said.

"I couldn't agree more," Li responded and sat down.

Through this process, several jurors were dismissed, only to be replaced with another from the larger group. Once the group of 30 was finalized, they were told they would be contacted Monday if they were part of the actual 18 to serve on the jury - 12 to be jurors, 6 to be alternates. In Arizona, the entire jury of 18 participates as a juror, listening to all the evidence; the 6 alternates are chosen out of that group randomly just before entering the deliberation room at the end of the trial.

Because it was 5 pm, the judge dismissed the 30 men and women, and the attorneys went to work behind closed doors, narrowing 30 down to 18. The badge numbers of the 18 were read into the record as the ones selected, but they were not identified any further.

With that, the schedule was set. Jurors will arrive at 10:15 on Tuesday, March 1, and opening arguments by Polk and her team will commence shortly after.

Final Motions

There are a few outstanding motions that Judge Darrow will have to rule on still. One was for a change of venue, the defense having argued that they would not be able to find a fair and impartial jury in Yavapai County, due to the amount of publicity the case received. But, according to Kelly, that motion is no longer needed, since they did find a jury everyone believes to be suitable.

Kelly, who appeared confident, said he is very satisfied with how the case is shaping up so far. "Judge Darrow has been extremely cautious, extraordinarily considerate in making sure that both sides' concerns are addressed."

Acknowledging it's been over a year since the arrest, Kelly said, "I'm ready to get this case going."

The team for the Prosecution leaves the courthouse.