On July 11, James Arthur Ray filed a motion to vacate sentencing, which had been scheduled to take place on July 25th.
On July 12, Judge Darrow vacated the July 25th sentencing, and scheduled a presentence hearing to take place on August 16th.
On July 13, James Arthur Ray filed a motion for a new trial, based on prosecutorial misconduct.
On July 29th, during telephonic conference it is decided that the scheduled presentence hearing will not take place on that date. Instead they will hold oral arguments on James Arthur Ray's pending motion for a new trial.
The State requests that sentencing takes place in August. James Arthur Ray's defense team says they are busy from August 19th through the 30th. OFF THE RECORD, it is ordered that the Presentence Hearing will take place during the week of September 19 through 23. Sentencing to take place at 2:30pm September 16.
Which basically means ::: James Arthur Ray will receive his sentence a full THREE MONTHS AFTER being found FOUND GUILTY OF NEGLIGENT HOMICIDE X 3!!! Here's the kicker ::: IF HE'S GRANTED A NEW TRIAL ::: James Arthur Ray remains free and the whole damned circus starts over again.
Three people died and dozens more were injured and maimed. James Arthur Ray was found guilty by a Jury. So why isn't he in Jail?
James Arthur Ray embezzled millions in JRI corporate funds which he then used to fund one of the most obnoxious and hurtful defence teams I've ever seen. Why were these stolen assets not seized or frozen, so they could be returned to the people from whom they had been taken?
Why was James Arthur Ray's original 5 million dollar bail amount dropped to $525,000.00? If James Arthur Ray was/is truly broke, why was Munger Tolles and Olson granted access such a vast amount of questionable funds?
Why isn't James Arthur Ray in Jail?!
“I fully know, for me, that there is no blame. Every single thing is your responsibility … and nothing is your fault.”
-James Arthur Ray
James Arthur Ray believes he is so special ::: he can say and do anything he wants ::: including steal, lie and kill ::: and it's all good. BECAUSE there will never be ANY RAMIFICATIONS!
If James Arthur Ray doesn't go to jail he will continue to lie, steal and con people. How many more people have to suffer or die before Justice is finally served?
I emailed letters (including copies of above) to the following people and organizations:
US President Obama
Arizona Governor, Jan Brewer
Arizona Senator, John McCain
Arizona Congressman, Paul Gosar
Media Commentator, Bill O'Reilly
Newsweek - The Daily Beast
60 Minutes
FOX News
Please join me and SPEAK UP!
Please help get the word out about James Arthur Ray. Start your own letter / email writing campaign. If enough people write, complain, MAKE NOISE ::: who knows what we can accomplish!Arizona Statutes call for sentencing to take place within 30 days of a conviction.
13-4435. Speedy trial; continuance; notice
A. In any criminal proceeding, the court, prosecutor and law enforcement officials shall take appropriate action to ensure a speedy trial for the victim.
B. The prosecutor shall make reasonable efforts to notify a victim of any request for a continuance, except that if the victim is represented by counsel who has filed a notice of appearance, the court, if the request for a continuance is in writing, shall make reasonable efforts to notify the victim's counsel in the same manner in which a party is notified.
C. A motion to continue shall be in writing unless the court makes a finding on the record that exigent circumstances exist to permit an oral motion.
D. The court shall grant a continuance only if extraordinary circumstances exist and the delay is indispensable to the interests of justice. A continuance may be granted only for the time necessary to serve the interests of justice.
E. Subsections B, C and D do not apply to justice of the peace and municipal courts.
F. Before ruling on a motion for a continuance, the court shall consider the victim's views and the victim's right to a speedy trial. If a continuance is granted, the court shall state on the record the specific reason for the continuance.
State of Arizona
2.1. Victims' bill of rights
1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant.
6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.
9. To be heard at any proceeding when any post-conviction release from confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
12. To be informed of victims' constitutional rights.
(B) A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.
I thought the statute says that you must be sentenced within 30 days of a guilty verdict. How are they getting around this? What the heck is wrong with this judge??
ReplyDeleteThanks for posting
Another great article, thx :-)
ReplyDeleteI'll tell you, I hope they DO have a new (fair) trial with a judge who isn't friends with Kelly (on the defense) and a judge who doesn't let the defense whine, drag things out, demand unwarranted mistrials, take vacations whenever they please, treat the witness with disrespect, lie & insult the prosecution, etc.!! What a difference it would have made if they had Judge Perry...
But I seriously doubt they will have a new trial and it seems odd to me that they're even discussing this - ? Isn't it just something the judge would rule on?
~kalista7
It's interesting that James Ray's people were in a big rush to start the trial ::: now they're doing everything in their power to drag everything out.
ReplyDeleteI believe Darrow has been trying to be fair, but has been pushed to the limit by an over zealous defense team. I'm sure Munger Tolles and Olson picked Kelly for their Arizona based lawyer because he and Darrow used to be law partners ::: more pressure.
It was painfull watching Louis Li address Darrow with that condescending tone of his. You just knew he was doing everything in his power to intimidate Darrow.
Still I can't help wondering why Darrow has been so patient and accommodating with James Ray's defense team. He's a good Judge ... but enought is enough.
A new trial would be a disaster on SO many levels. Even more evidence would be precluded as exculpatory and inflammatory ... leaving a new jury even less information to work with.
More than likely the trial would have to be moved to an other location, as the defense team will surely state the Yavapai County jury pool has been biased by the previous trial.
Trying to get witness testimony would be a huge undertaking ::: both financially and emotionally for those asked to come forward. I'm sure a number of James Ray's victims aren't in a big hurry to be raked over the coals by his defense team ::: and may not wish testify again (even if they could financially afford to). (What the defense wants ... and would work in their favor)
So don't hope for a new trial. Be gratefull this one is over and pray James Arthur Ray finally gets his just desserts.
I highly doubt there will be a new trial - the DT continues to stall because it rings up more hours (ching ching $$$) and keeps death ray out of jail for as long as possible -
ReplyDeleteWhat I just can't understand is why it is not a conflict of interest for Darrow to take this case - ??!! They were law partners?? What the heck is going on here? Pray for the max sentence