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Tuesday, February 09, 2010
UPDATED: Prosecutors Seek Gag Order in Sweat Lodge Case
By Felicia Fonseca
Associated Press
FLAGSTAFF, Ariz. — Attorneys for a motivational speaker charged in the deaths of three people during an Arizona sweat lodge ceremony wasted no time going on the offensive after his arrest last week.
James Arthur Ray's lawyers appeared on "Larry King Live" and granted interviews to other national media outlets to counter prosecution claims that he was responsible for the deaths at a ceremony he led in October.
The push didn't go unnoticed, with prosecutors now filing a request for a gag order in the case.
Yavapai County Attorney Sheila Polk argued the order would limit pretrial publicity that could taint the jury pool. She wants the order to include Ray's employees, his attorneys and their staff, staff and attorneys in the county attorney's office and employees of the county sheriff's office.
"Nothing is more vital to a just and accurate outcome of this case than ensuring that the evidence is presented in a venue controlled by the rules of evidence rather than in the court of public opinion," Polk wrote in her request.
Ray's attorneys did not immediately respond to a request for comment Monday. They said in court documents that they would file a formal response this week.
They also asked that the prosecutors' motion be heard on Friday, when they also plan to argue for a reduced bail.
Ray faces three counts of manslaughter and is being held at in a Yavapai County jail on a $5 million bond. His attorneys have called the deaths a tragic accident and said Ray is not guilty.
Prosecutors contend Ray recklessly crammed more than 50 participants of his "Spiritual Warrior" event into a 415-square-foot sweat lodge and chided them for wanting to leave, even as people were vomiting, getting burned by hot rocks and lying on the ground.
Three people who never regained consciousness died at hospitals — Kirby Brown, 38, of Westtown, N.Y., whose birthday was Monday; James Shore, 40, of Milwaukee; and Liz Neuman, 49, of Prior Lake, Minn. Eighteen others were hospitalized.
Sweat lodges are commonly used by American Indian tribes to cleanse the body. The ceremony involves heating stones outside the lodge and then placing them in a pit inside the lodge. The door is closed, and water is poured on the stones, producing heat aimed at releasing toxins from the body.
Public records show a pattern of illnesses at Ray-led events that he largely ignored. If convicted, Ray faces up to 12 1/2 years on each count of manslaughter with probation being an option.
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