Cafe

Buy at Allposters.com

Around the Web, Around the World

"Why Shamanism Now?" with Christina Pratt

Pour Your Heart Out in Prayer - The Spirits as Teachers

"The spirits want you to be a human being, in right relationship with all persons, both human and other-then-human," explains our guest, Stephan Beyer, professor, peacemaker, and author of Singing to the Plants: A Guide to Mestizo Shamanism in the Upper Amazon. "Whether ayahuasca lends solidity to imagination, or opens the door to the spirit realms, or transports the user to distant dimensions, it is still the quality of our meeting that matters, what we are willing to learn, whether we are willing to be taught by what we encounter, whether we will take our chances in the epistemic murk of a transformed world." Join host Christina Pratt and Stephan Beyer as they explore the reciprocal obligation inherent in a working relationship with spirit. There are things the spirits want from us and their messages are made clear by our willingness to deliver our honesty and heart. The spirits are not simply another resource in this exquisite world to be used, consumed, or squandered. They are not here to do our bidding, but to teach us who we are, why we are here, and what it means to be truly and fully human. The art of shamanism is the art of relationship with all things, physical and non-physical and the helping spirits are the Masters.

This week's guest:
Stephan Beyer

Professor and author, Stephan Beyer, brings us a beautiful guide to mestizo shamanism in the Upper Amazon and the use of the sacred, plant medicine ayahuasca in his new book Singing to the Plants. Stephan holds doctorates in both religious studies and psychology, was a lawyer and a litigator as well as a wilderness guide, peacemaker, community builder. He has worked with ayahuasca and other sacred plants in the Amazon, peyote in ceremonies of the Native American Church, and huachuma in Peruvian mesa rituals; undertaken numerous four-day and four-night solo vision fasts in Death Valley, the Pecos Wilderness, and the Gila Wilderness of New Mexico; and lived in a Tibetan monastery. From these experiences have come books on Buddhism, Tibetan language and religion, and now, mestizo shamanism.

Stephan has long had an interest in wilderness survival in a variety of terrains, especially jungle survival. He explains that "as I learned more and more about the ways in which indigenous people survive - indeed, flourish - in the wilderness, it became increasingly clear to me that wilderness survival included a significant spiritual component - the maintenance of right relationships both with human persons and with the other-than-human persons who fill the indigenous world. Thus I began to explore wilderness spirituality, to learn ways to live in harmony with the natural world, striving, like indigenous people, to be in right relationship with the plant and animal spirits of the wilderness." In addition to studying how indigenous peoples of North and South America survive and thrive, Stephen studies sacred plant medicine with traditional herbalists in North America and curanderos in the Upper Amazon, where Stephan has received coronación by banco ayahuasquero don Roberto Acho Jurama.

Tuesday, June 14, 2011 at 11:00 AM Pacific

Log on to Listen
Why Shamanism Now? on Co-Creator Network
Questions? Comments? Call: 1-512-772-1938

All episodes are now available in the iTunes Podcast Library.

Awakenings with Michele Meiche

Healing with Sound & Tone to Allow Coherence with 33 bowls

12pm PST --- One on One with Michele ----MICHELE MEICHE shares her weekly 2012 & beyond update, answers your questions, and does channeled readings--- 12:45pm PST --- Welcome our Awakened Guest: Hans 33 Bowls is a "one man band" standing on the shoulders of giants that produces high resolution Tibetan (also known as Himalayan or Nepalese) Singing Bowl recordings for mindfulness, relaxation, meditation, yoga, massage, holotropic states, natural endorphins, and performs trance concerts with a collection of pitch matched Singing Bowls spanning five centuries in Age.?As we, through our ancestors, have heard these sounds for Centuries, there is something innately familiar, even sacred, about the sound of antique musical instruments. ?Complex harmonies and particularly sub-harmonic "beats" both match and induce deep, meditative states in the brain and mind. ?Rather than communicating specific stories, 33 Bowls is Contemplative Music to "hold the space" for emergent experiences. ?100% organic heavy metal. For more about the novel idea of natural, unprocessed recordings of Antique Singing Bowls, visit http://33bowls.com?Deep Gratitude to countless generations of Artisans who listened to the Grand Muse; who practiced, even mastered the Art of expressing the resonance and coherence of the Universal Aum; ?who crafted these and other Singing Bowls.?Your memory lives on.

Wed, Jun 15, 2011 3:00PM ET

http://www.blogtalkradio.com/awakenings

Just Energy Radio

Bruce Lipton & Colette Baron-Reid

Bruce Lipton
Spontaneous Evolution
Dr. Bruce Lipton is an internationally recognized authority in bridging science and spirit. His research showed that environmental forces outside the cell control its behavior and physiology, turning genes on and off. This idea opened the door to a new and important field, the science of epigenetics. His groundbreaking research revealed the biochemical pathways connecting the mind and body which provides insights into the molecular basis of consciousness and the future of human evolution.

Colette Baron-Reid
Finding The Magic In Your Life
Colette Baron-Reid is a popular intuitive counselor, psychic medium, seminar leader, radio personality, motivational speaker, best-selling author, and musical recording artist (with a top-selling meditation CD, Journey Through the Chakras­ ). She has shared the stage with authors Dr. Wayne Dyer; Brian Weiss, M.D.; John Holland; Sylvia Browne; and many others.

Fri, Jun 17, 2011 3:00PM ET/2:00PM CT

http://www.blogtalkradio.com/just-energy-radio

Awake: Now What?

Jennifer Hoffman, Intuitive, Channel for Uriel and Energy Re

Jennifer Hoffman is a life-long intuitive whose unique gifts include an amazing ability to read clients’ energetic fields, view their soul purpose, karmic wounds and lessons and bring their energetic vibrations into alignment with their soul’s desire for healing and wholeness in body, mind and spirit.

She works with the Archangel Uriel, along with her guides and angels, those of the client and departed loves ones who wish to participate, providing accurate and focused guidance to raise energetic vibrations and create a clear path to a joyful, fulfilling life.

Jennifer’s unique life history has been an inspiration to her clients as she has had two near death experiences that occurred during life-changing incidents. As a young child she had a paralyzing illness and was unable to walk for several years. Then as a young teen she was hit by a car and walked away from the accident. Jennifer was told that she had a mission here which would be revealed to her at the right time. After graduating from college Jennifer began a career in technology during which, in her words ‘all I wanted to do was be a corporate vice president.’ But the Universe had other plans and after experiencing six layoffs in less than seven years, Jennifer decided to focus on using her spiritual gifts as she was guided to.

Jennifer created the Uriel Heals website and weekly newsletter in 2003, after receiving a visit from the Archangel Uriel when she was asked to begin channeling messages and since that time it has grown to a large global audience and is translated into dozens of languages.

For more information go to www.urielheals.com

Sun, Jun 19, 2011 6:00PM ET

http://www.blogtalkradio.com/awake

Read More

Horoscope for June 13-19

Cross-posted from Aloha Astro

Aries (March 21st - April 20th)
A change of mind may bring a change of location or belief system, Aries. Your career and standing in the outer world is still vitally important to you, but personal values and a sense of purpose may cause you to restructure your mission statement or look for ways to add more meaning to your life and work. Some Rams may leave a family home or neighborhood - or return to one they have left in the past - to take things to another level or heal the past. You may be interested in your family history or have a need to establish your own legacy. The full moon and eclipse in the far-reaching 9th house will give you an existential view of life and make you really look at the "Why?" of things. Changing your environment through a move or a trip can change more than you may imagine.

Taurus (April 21st - May 20th)
The things you do best are those you do with others or that benefit others. You are a purpose-driven earth sign and you love to share. This week, the full moon and eclipse in your 8th house of sex, business partnerships, investments, inheritance, death, and metaphysics makes you acutely aware of your connection to other people. Now you are able to perceive energy and intent and feel what - and who - is good for you or not. Your finances and income will benefit from a renewed commitment to do more, be more, and have more. Putting your plans in writing for a five-year timespan can help you realize your dreams and avoid disappointment.

Gemini (May 21st - June 21st)
Working relationships or deciding to do the work of relating is what the full moon and eclipse in your 7th house of partnership and marriage turns your attention toward. Some Geminis who have been burned in the past or are afraid of commitment may finally decide to let their heart, rather than their mind, decide for them. Your career or purpose in life has made you express more of who you really are in the past few weeks. The work that you love is one area of life where you are not willing to make any concessions in order to fit someone into your life. A good way to know if you are going to be happy with someone for the long haul is to see if they have respect for what you do and support you in your work, even if they may not share the same passion. You have the green light to proceed if they do.



Cancer (June 22nd - July 22nd)
The various Gemini planets have you a bit more confused than most of the other signs, Cancer. You may often be slipping into a detached observation mode where you feel like you are watching your life unfold. At other times, you feel deeply connected to your partner, coworkers, and friends. In one moment, there is no meaning or attachment and in the next moment, everything seems vitally relevant and necessary. Very Zen. "Under Construction" should be written on your forehead now. The full moon and eclipse this week activates your 6th house of work, health, and service. But the opposing pull on the Gemini planets stirs things up in your 12th house of the subconscious, the collective, and spirituality. "Before enlightenment, chop wood, carry water. After enlightenment, chop wood, carry water." Next month is your season to emerge. Meditate, do your daily chores, do your best, and be grateful.

Leo (July 23rd - August 22nd)
Service to your family, home, self-employment, personal needs, and your significant relationships is important this week, Leo. Yes, it would be nice if you had more time and it would be nice to make the extra money while work is so plentiful, but your own tribe comes first now. If you must economize in other areas so that you can have more time for family, I know you will find a way to do so. The full moon and eclipse occurs in your 5th house of creativity and fun. Because the 5th house is naturally ruled by your own sign and planet, this lunation and eclipse can be highly stimulating and life-changing for you. It can activate your creativity and bring you to new levels of personal expression. Choose to spend your time with people who love you and cheer you on to be original and expansive.

Virgo (August 23rd - September 22nd)
You are your own best therapist and personal success coach now, Virgo. You are more than willing to listen to the advice of others now and may actively seek it out, because you are the kind of person who wants not just a second opinion, but at least a half a dozen so you can chart them and find the perfect median. The full moon and eclipse in your 4th house of home, family, and psychological foundation makes you examine who you are; what you know to be true about yourself; what your needs are, especially in relationships; and which direction you should take. You have the ability to get to the core while floating in a sea of potential. After looking within and seeking without, you will have a plan and a purpose in place.

Libra (September 23rd - October 23rd)
Values and plans is the basic theme of your week, Libra. The planets offer plenty of work now or plenty of creative potential and great communication skills to make opportunities happen. You may be working hard on sales or personal presentations. You benefit most by moving outside your familiar circles and opening your mind. Meet new people, go to new places, or try a different way of doing things. The full moon in your 3rd house of communication, creative ideas, siblings, and your local neighborhood also activates your 9th house of foreign travel, philosophy, and higher education. "How do I get from where I am now to where I want to be?" is a question the moon can answer for you on any level.

Scorpio (October 24th - November 21st)
A new cycle begins for you this week, Scorpio. As the week begins, your own needs and desires take precedence over other things. The moon makes you attractive to others, as well. It is easy to express yourself now and to keep your mental state positive. The higher your energy, the more money, material things, and satisfying personal relationships you will experience in your daily life. The full moon and eclipse in your 2nd house of money and personal values can help you examine your thoughts and beliefs around money and self-worth. It also energizes your 8th house of sex, death, metaphysics, and many other intense areas of life where your boundaries merge with others. Subtle shifts in your perception in any of these sensitive areas can affect your life, income, and relationships in profound ways.

Sagittarius (November 22nd - December 21st)
Something from your past is released early this week, prior to the full moon and eclipse, Sagittarius. This potent full moon occurs in your sign, but without looking at your natal chart, I can't tell you how strongly this moon will affect you. For those with a Sagittarius ascendant, and all Sagittarians in general, a phase of life ends entirely and a new one begins. The full moon occurs in your 1st house of self and it helps you to feel more complete and emotionally whole, with or without another person. The interesting thing is that whatever you are releasing may lose all of its emotional charge and simply become a neutral part of your past. Nothing seems to have any power over you as you look ahead to a new life, free of past limitations. Some Sagittarians may become fully aware of their Twin Flames or decide to open to an intimate relationship.

Capricorn (December 22nd - January 19th)
Working with purpose is your primary concern this week, Capricorn. Accepting that you are the power that manifests as your perfect health, wealth, and love makes you unable to accept any work situation that is less than your own unique and personal soul expression. The full moon and eclipse in your 12th house of the subconscious, spirituality, and the collective may be a psychedelic experience. Whether in dreams, meditation, or an aware state, you will see your connections to everyone. You will see the importance of having positive people in your life and in being an inspiration to others, as well.

Aquarius (January 20th - February 18th)
The full moon and eclipse falls in your sandbox this week, Aquarius. Aquarius has rulership over the 11th house of friends, groups, organizations, and wish fulfillment. It can also appear as the stage, an audience, a gallery, or any place that your talents and intelligence express themselves openly for other people to view or make use of. The reputation Aquarius has for being a humanitarian is the outer effect people see when Aquarius is driven to inform and express. The need to share knowledge and show mastery of a skill is the true Aquarius motivation. When Aquarius rises to his or her highest creative potential, the benefit to humanity is the end product. The full moon and eclipse enables you to see the unlimited creativity you possess and to open the channels of expression fully. "Be yourself - everyone else is taken."

Pisces (February 19th - March 20th)
Business, money, career, and faith in yourself are highlighted this week, Pisces. The full moon and eclipse are elevating your career potential and showing you the power of positive intent. You may feel typically uncertain about your future and you may feel the pressure of needing more money or having to be more responsible in handling your business or investments, but none of that is really as important as just looking up and deciding that no matter what you decide, it is for the best and your highest good always moves toward you. You may have the opportunity to move or travel because of work. Take any opportunity that expands your horizons or exposes you to new people. Who you know can be the most important thing to influence your career and income in the future. Cultivate relationships.

Read More

Astrological Trends for June 13-19

Cross-posted from Aloha Astro

A perplexing start to the week begins on Monday, June 13th, as the moon in the fixed water sign of mysterious Scorpio is opposing Mars in the fixed earth sign of willful Taurus. The moon is also forming an unstable quincunx to the sun conjunct Mercury in the mutable air sign of Gemini. With a full moon in the truth-seeking sign of Sagittarius approaching on Wednesday, I think Monday's lunar aspects are showing you what you must dig into or remove in order to see the truth clearly. If there is an area of your life that feels blocked or is giving you frustration, persist in seeking more information or communicating until your curiosity is satisfied or you achieve the end result you expect. As the full moon energy builds, it is time to push and bring things to a head or a completion. Venus, the planet of pleasure and affection, in flirty Gemini is still quincunx to potent Pluto in reserved Capricorn. This quincunx aspect can have dual and disconcerting effects. People who are austere and uptight by nature will lose some of their starch and may become spontaneous and carefree. People who are just in it for fun will have to assume responsibility for any thoughtless or frivolous behavior. How you experience this aspect depends a great deal on where the planets involved are transiting in your own birth chart. Venus is also square to Chiron and Neptune in Pisces, but this aspect finally loses its grip on Wednesday. As it fades, your heart will feel lighter and any confusion or unrealistic expectations in relationship will lift. A supportive sextile between friendly Venus in Gemini and Uranus in "me-first" Aries can help create healthy space and independence within your relationships. All relationships benefit from sharing ideas, exploring new places, and adding an element of adventure or competition. Two other aspect patterns carry over from last week. The blessings and grace of expansive Jupiter in material Taurus sextile fruitful Neptune in spiritual Pisces will continue to add optimism and ease to your life. If you have been manifesting things just when you need them or noticing how things just seem to work out, you are experiencing the gift of Jupiter sextile Neptune. The square between Uranus in the cardinal fire sign of Aries and Pluto in the cardinal earth sign of Capricorn will continue to cause friction between old and new in your personal life. Uranus/Pluto may also continue to bring us shocking news, unveiling of political corruption, and disturbed weather patterns. Later this evening, the moon leaves the sign of Scorpio and enters the mutable fire sign of Sagittarius. A quincunx forms between the happy-go-lucky moon and expansive Jupiter in the earth sign of Taurus. The moon also forms a problematic square to Neptune in the mutable water sign of Pisces. It will be all too easy to get caught up in the pleasures of earthly delights. The effect of alcohol or other mind-altering substances is enhanced under these energies and you may find your tolerance to be low. Please don't drink and drive. Use the laid-back, indulgent energy of the evening to appreciate pleasure at home.



An enthusiastic and energized start is possible on Tuesday, June 14th, as the moon in the mutable fire sign of Sagittarius forms a favorable trine to genius Uranus in the pioneering cardinal fire sign of impatient Aries. When air meets fire, energy runs high. Even though a trine is considered an easy aspect, because of the volatile and easily-excitable nature of these signs and the planets involved, expect some people to be highly irrational, egotistical, or temperamental now, especially if they get pushed too hard or ignored. If any tempers flare, they should calm down quickly. Sagittarius is the one sign of the zodiac that loves to be laughed at and will go to great lengths to make others laugh. The humor built into the Sagittarius moon cycle can turn any drama today into a comedy if you let it. There may be some drama with the moon being in opposition to Venus in Gemini until mid-afternoon and the moon square to Neptune in Pisces. Some people (I hope not you) will want to cling to their story of misery or negativity. Maybe they are afraid no one will give them attention if they let go of the drama. Mars in Taurus semi-sextile the sun conjunct Mercury in Gemini helps you stay proactive and positive. It is an aspect that also gives you patience and strength to deal with the weaknesses of others. At lunchtime, the moon in companionable Sagittarius enters a supportive sextile with Saturn in Libra. This aspect makes people play and work well together, especially if they have a worthy cause to pursue. Despite the mounting pressure of the approaching full moon and eclipse, there is good-natured tolerance and an eager anticipation for a new cycle of energy. Full moon is always about some kind of ending or completion, but this month's full moon in Sagittarius is not hung up on the past or filled with any regrets - it is already looking to the future with optimism.

On Wednesday, June 15th, there is a full moon and total eclipse in the mutable fire sign of Sagittarius. Sagittarius is a highly intelligent, social, charming, active sign that is always seeking truth, the common ground among diverse people and cultures, and loves to laugh, learn, grow, and explore. There is always something to discover around the next corner or behind the next smiling face. Look to your own natal chart to determine what area of life this full moon and eclipse will affect. The full moon is usually an emotionally-intense time, but the mutable energy of Gemini and Sagittarius means that there is less attachment to things and it gives the ability to adapt to new situations. The conjunction of the sun and Mercury, the planet of thought, also dilutes some of the emotional intensity of the full moon. You will be more circumspect and intellectual in your approach to things. You can decide which ways seem best and then direct your attention to them without too much fuss or effort. In the afternoon, the Sagittarius moon forms a quincunx to Mars, the planet of action, in the fixed earth sign of Taurus. You may find that working on a project or doing something physical, such as sports, helps you release the energy of the full moon and eclipse quickly and constructively. This quincunx indicates that energy must be moved on the material plane. If you resist this and do not move the energy, it may manifest negatively as irritation or physical bumps, bruises, or minor mishaps. As the day progresses, the sun and Mercury in the mutable air sign of Gemini enter a favorable trine with Neptune and Chiron in Pisces. This energy can help you with creative endeavors that require imagination, spirituality, or beauty. Venus also develops a trine to Saturn in the relationship-minded cardinal air sign of Libra. Proper methods in work, striving for perfection, social skills and proper conversation, and behavior in relationships are important now. Both trines will enhance romantic relationships or influence you to be more consciously loving.

Powerful emotions and directed force of will are operative on Thursday, June 16th, thanks to the moon in the cardinal earth sign of taskmaster Capricorn conjunct controlling Pluto in Capricorn. Together, the moon and Pluto form a challenging square to Uranus in the cardinal fire sign of Aries, but also exchange very supportive energy with a trine to Jupiter in Taurus. I believe the best way to interpret this mix of energy would be that any knee-jerk resistance to change will be overridden by the promise of practical profit that growth or expansion of energy always brings. Clinging too closely to old ways, even if they are proven or established, will eventually lead to entropy and the planetary aspects are informing you of the end that is built into everything. New energy must move. In the early afternoon, Mercury, the planet of communication and transportation, shifts from the mutable air sign of Gemini to the cardinal water sign of Cancer. As Mercury enters Cancer, it moves into a flowing trine with Neptune in Pisces. People will move from the mental detachment of curious Mercury in Gemini to the caring concern of Mercury in emotional Cancer. Next, the moon/Pluto conjunction in Capricorn enters a problematic square to Saturn in Libra, activating reserve and control, strongly suppressed emotion, or projection of a very serious personal presence. The moon also activates the square that has been in place all week between Pluto in Capricorn and Uranus in Aries. Additionally, Venus in Gemini forms a quincunx to the moon and Pluto in Capricorn. Sometimes I wish you could feel the energy I feel when I look at complex aspect patterns in a chart. The mixed bag of signs and elements forms a painting or song in my head that I have no perfect words for. Today, as you energetically slide down the slope of the full moon peak, you will change mind and heart subtly but irrevocably. You may decide something deep inside that stays inside. No one will know, not even you, about the true potency of the change until you see the effects manifesting over weeks, months, and years of your life.

People may be quick to take offense and turn frigid or disapproving on Friday, June 17th. The moon in the cardinal earth sign of Capricorn is a bit standoffish and isolated today. Emotionally, you and everyone else will be processing full moon revelations and adjusting to a shift from a cool, bubbly, intellectual Mercury in Gemini to a warm but whiny, emotional Mercury in Cancer. Mercury in Cancer happens to be square to Uranus in Aries now. Freedom-loving, independent Uranus in Aries may not be pleased with Mercury going soft and sentimental. This aspect will be most difficult for anyone who does things without a conscience or puts up with unethical situations for self-serving reasons. Later this evening, the moon in Capricorn makes a quincunx to the sun in Gemini, further stirring up petty irritations or mental annoyances. I have an image in my mind of a giant swatting at mosquitoes buzzing around his ears. Little things may become very big in your mind and you may allow them to overwhelm you. Concentrate on maintaining proper emotional and mental perspective.

Get your thinking cap out on Saturday, June 18th, and pack some extra patience when you leave to go anywhere. The blending of aspects today looks a bit like a Mercury retrograde with some craziness and the need for ingenuity and stubborn coercion in order to get where you want to be. The moon is in the fixed intellectual air sign of Aquarius. Aquarius is the most future-oriented of all the signs and can anticipate trends, find new solutions to old problems, and see the point long before anyone else. The moon is square to Jupiter in the stubborn earth sign of Taurus and the moon is quincunx to Mercury in the water sign of Cancer. That earth and water are bogging down Aquarius air and I see this aspect pattern as foaming water racing over rocks in a river. It is important to use the best qualities of Aquarian energy and take nothing personally if you intend to ride these planetary rapids today. Looking at Mars in Taurus square Neptune in Pisces immediately made me think of the song, "MacArthur Park" by Jimmy Webb. The lyrics, "Someone left the cake out in the rain. I don't think that I can take it. 'Cause it took so long to bake it. And I'll never have that recipe again," perfectly describe Mars in Taurus square Neptune in Pisces. Take care of material things that have meaning for you or avoid being too attached to, or emotionally influenced by, the material world. This evening, the Aquarius moon becomes extra charming thanks to a trine between the moon and Saturn in Libra. Smart wins over pretty, form follows function, and the many matter more than the one, but romance can be enhanced by intellectual stimulation. Guys, if you want to impress a lady tonight, ask to hear what she thinks - she will be flattered and you will gain points. Unfortunately, Mercury in Cancer opposes Pluto in Capricorn, creating a potential for a male/female power struggle. If you want to keep your points with women now, allow that the woman is always right.

Nothing but communication, travel, and happy social scenes is in the forecast for Sunday, June 19th. Today bodes well for parties and celebrations where all kinds of people gather. The moon in the fixed air sign of Aquarius, the humanitarian, is trine to playful Venus in brotherly Gemini. The sun in Gemini forms a friendly trine to Neptune in nostalgic Pisces. Even if there is no summer celebration on your calendar, get outside and socialize today. Any event you attend now will be remembered with fondness in the years to come.

Read More

James Ray Sweat Lodge Trial Roundup June 11

Crossposted from Reflections Journal.

So, as stated, the defense suddenly and unexpectedly wrapped up their case Thursday after having called only two witnesses. But it would appear that they will be aggressively pursuing to the bitter end their real defense strategy, which is to say, getting this case thrown out before it can go to the jury. Even at this late date, they are apparently screaming about Brady violations and mistrial motions.

Yes, CNN's dogged coverage of weather maps and the empty blackness of the void deprived James Ray trial watchers of two days of courtroom drama.

Then again, maybe I should thank them for sparing us another Luis Li law lecture.

"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.

I'm not sure if having seen that in context would have made the reasoning any clearer to me. I thought the question of whether or not Ray had a duty to the people who'd paid him thousands of dollars was a) obvious and b) affirmed by Judge Darrow when he denied the Rule 20 motion. But, again, I could be missing something. Well, I am missing something. That entire day's proceedings.

It appears Tom Kelly also put on quite a show yesterday, claiming whole new Brady violations. This meme, that the State ignored its own evidence by not picking up a bit of unidentifiable background noise, has really gained traction. Kelly's new argument? That the State withheld exculpatory evidence by not disclosing that Dawn Sy's organophosphate test came back negative, not just because it was done too late, which was disclosed, but because the equipment was inadequate. This detail emerged during Sy's testimony. When Sheila Polk pointed out that the defense had interviewed Sy a year ago and never raised the issue of organophosphates, Kelly whipped out the now familiar talking point: The idea that the defense has "kept secret from the state its own evidence is ridiculous."

This is the defense earning its money when they have only one witness of their own to put forward. Their argument, is not so much that prosecutors deliberately withheld exculpatory evidence of which they were aware, but that they didn't reveal or test timely things they didn't know about or hadn't considered.

Personally, I just find it sad that even at this late date, they are trying to get this case kicked on technicalities they have to scrape the bottom of the barrel for. But when you have no real defense to mount or witnesses you didn't have to pay to present, what else can you do? I still think it looks terrible for Ray that they couldn't bring forward a single person he knew to defend him. After all his years of teaching large groups of people and traveling around the world with them, the defendant couldn't safely present a single witness to even testify to his character. Think the jury will notice?

The specter of the Haddow email also reared its ugly head with Tom Kelly again, it would seem, implying that the issue of carbon dioxide poisoning originates with Haddow. As we know, the State alerted them to the CO₂ co-factor issue last year. It had been discussed and thoroughly misunderstood by the defense team. Yet, Tom Kelly appears to still be litigating the issue.

"There's no way that a human being could sit in the doorway of that sweat lodge and see molecules of carbon dioxide floating around," Kelly said.

Fair enough. But perhaps that point would have been better made when the issue of carbon dioxide poisoning came up during witness testimony, as opposed to a tangential reference during the State's argument against the Rule 20 motion.

Still I have to admire, in a way, the defense's tenacity in going after such minutiae and with such passion.

So, we also missed the rest of the testimony from the medical expert who was effectively the defense's only witness. By which I mean, the only witness who wasn't the State's sloppy seconds.

It sounds like Bill Hughes's cross went on for quite a while and managed to raise the good doctor's ire. If Hughes's questioning was anything like what we saw on Wednesday, that's not surprising. Hughes was doggedly thorough but without being hostile, aggressive, or insulting. What a notion.

It sounds like Hughes continued to hold Dr. Paul's feet to the fire on his inconsistency with the supporting literature he, himself, provided.

"You're implying that my entire report is based on those three articles," he said. "Just because it doesn't appear in those articles doesn't mean it isn't published. I can't provide you with everything I've read in the last 10 years.

While that's true, he probably should have provided the literature that supported his rather novel ideas of what does and does not constitute heatstroke. Remember, it's Dr. Paul whose theory is at odds with every other medical expert who's testified, by stating that it was absolutely not heatstroke that killed these people. I didn't see the length of Hughes's cross examination but I'm fairly certain that he resisted the impulse to call him "the outlier" over and over.

I find it fascinating that he has become so wedded to the organophosphate theory that he now says this was in his differential diagnosis from the get-go... even though it wasn't in his paper. He apparently stuck to his guns throughout the day that the symptoms were most consistent with organophosphates or an organophosphate-like poison. But his insistence that cholinergic poisoning symptoms were cited in the medical reports got to me to thinking about Dr. Cutshall's testimony. According to this doctor who treated Liz Neuman, Sidney Spencer, and Tess Wong, there was a mix of cholinergic and anti-cholinergic indicators. In fact, the symptoms were more consistent with anti-cholinergics, which is to say not organophosphates. You'd think Dr. Paul would have noticed that, having the benefit of looking at the full spectrum of medical reports.

What raised red flags for me with Dr. Paul early on was his full-throated support of the organophosphate theory. Had he echoed his earlier finding of an unspecified toxidrome, I would have found him more credible. I find it hard to believe that the lack of Stephen Ray's complete record at the time he wrote his report made such a difference in what appears suddenly to be a near-certainty of organophosphate poisoning; especially when what symptoms there are of organophosphate poisoning are cross-indicated in heat illness and that a number of organophosphate symptoms were not noted.

It sounds like the jury also had some dubiety.

The jury then had a few questions for Paul that possibly suggest they have a healthy amount of skepticism in what the doctor had testified.  He was first asked if he had treated any cases of organophosphate poisoning or death.  The doctor claimed to have not treated such cases, but is thoroughly trained in the area and professed to have spoken with medical examiners who have performed autopsies on organophosphate related deaths that have occurred in tobacco growing areas where farm workers experienced excessive nicotine absorption through their skin from the tobacco leaves.

The next question had to do with what level of organophosphate exposure is necessary to cause death.  The doctor said that would depend upon the specific pesticide, how toxic it is and what its concentration was.  He conceded that knowledge of lethal doses is outside his area of expertise.

Perhaps the most telling question with regard to the jury’s frame of mind was the last.  “If a person passes out in a sweat lodge, should they be removed, or is it okay to wait?”  The doctor’s reply was fairly obvious.  “Passing out is a sign of heat exhaustion. They should be removed.”

On that question, it appears that Truc Do tried to do some damage control by asking if people around them should have been aware. He replied that, yes, they should have. Now, again, I missed the exchange and have nothing but tweets to go by, but this seems like an odd clarification for Do to have made. People were aware and raised concerns about others who appeared to be passed out or in trouble and Ray invariably responded that it would be dealt with later. He even went so far as to admonish both Scott Barratt an and Mike Oleson to leave an unconscious Linda Andresano where she was while they finished the ceremony.

It would have been nice if prosecutors had been given the opportunity to question Ray about some of his choices during that ceremony but he has retreated to the cone of silence, as is his right. I never thought he'd testify but the possibility was certainly tantalizing.

It is kind of ironic that a man whose career was running his suck has suddenly discovered the wisdom of silence. Who knows. Maybe he read the recent study indicating that quiet, unsmiling, brooding men are sexier. It has been fascinating to watch the man who made his living espousing the power of positive thinking and endlessly projecting cheerful, intense enthusiasm, doing the terrible James Dean impression we've seen in court.

Women find happy guys significantly less sexually attractive than swaggering or brooding men, according to a new University of British Columbia study that helps to explain the enduring allure of "bad boys" and other iconic gender types.

Then again, maybe being cheerful and accessible just isn't working for him anymore. Looking at him now... he just shouldn't smile.

Read More

Defense Rests in James Ray Sweat Lodge Trial

Crossposted from Reflections Journal.

Rumors of a surprise witness today in the James Ray trial were greatly exaggerated. The surprise was... wait for it... no more witnesses!

So... SURPRISE!!!

The defense has effectively, if not officially, rested its case after calling only two witnesses. They informed the court that they are done but Judge Darrow will not let them close their case in front of the jury until next week. In the meanwhile, there will be more legal wrangling over what exhibits will be admitted into evidence.

I'm just reading the tea leaves here because of CNN's abandonment of this trial. I'm going by a handful of tweets from April Santiago and a smattering of other news coverage. But it looks like the defense had indeed intended to call a surprise witness, as they were going to call their next witness after their return from a break. But after the break, and without the jury present, they announced that they had no more witnesses to call.



It also looks like the rumored surprise witness was none other than James Ray. He will not, in fact, be testifying. He has waived his right to testify in his own defense. I would have been VERY surprised if he'd testified. Cross examination would have been brutal and would probably have opened the door to about a gazillion rebuttal witnesses.

As it is, Ray's lawyers called all of two witnesses, one of whom was a bumped prosecution witness who added next to nothing to their case. They seem to be betting it all on black; Dr. Ian Paul and his ridiculously oversized chart.

On the one hand, the defense team has limited the amount of rebuttal the State can offer by not presenting much to rebut. On the other hand, it's not much of a defense and sends the message that Ray has no supporters among former students or friends. Just an overly slick medical expert who was paid to defend him.

For his part, Ray started telegraphing his decision to hold his tongue earlier today:

Fair enough but I would add:

Read More

CNN Shows Up Late to James Ray Sweat Lodge Trial

Crossposted from Reflections Journal.

CNN Schedule Showing James Ray Trial

Promises, promises... So 12:15 came and went and CNN continued it's cutting edge news offerings of empty feeds and weather maps. Eventually, they revised their schedule listing a 5:00 PM arrival. Meanwhile, back in Camp Verde, Dr. Ian Paul took the stand where he was questioned by that precocious tween Truc Do. Oh, how I wish I could have heard the esteemed forensic pathologist explain how the none of the patients had heatstroke.

Thanks to some occasional tweets from April Santiago, we know that Dr. Paul found the symptoms consistent with organophosphate poisoning. He did not find that there was evidence of severe dehydration or that high body temperature of 105° F. Dr. Paul did not think the medical records support a finding of heatstroke or that organophosphate testing was done in a timely fashion.

So, thanks to April Santiago, we know that the defense's paid medical expert is testifying to the key elements of their case. But I have been waiting for weeks to hear how strongly he endorses the organophosphate theory that isn't in his official report and that, according to Truc Do, he has only said he couldn't "rule out." I was really looking forward to Do's examination of the heavily credentialed Dr. Paul and thrilled to learn that he was testifying on this one final day of CNNLive's streaming of the trial. Oh well... I guess CNN had far more important news to cover.

Or not.

CNN did eventually start streaming the trial much later in the afternoon covering the bitter end of Truc Do's direct examination of the defense's star witness and the beginning of Bill Hughes's cross.

Frankly, I expected to be more impressed with the Medical Examiner Dr. Mosley compared to Superman. Mostly, I expected him to talk like a medical science professional; not a shill for the defense. Every other medical expert we've heard from, including the State's paid witness Dr. Dickson, has been at least somewhat circumspect. Dr. Dickson expressed the closest thing to certitude of any of them but he supported his conclusions with research documentation and very specific elements of his own clinical experience to justify that 99% certainty. Dr. Paul on the other hand contradicted his own research sources and gave evasive, if impressively technical sounding non-answers, when questioned about those inconsistencies.

Truc Do has said repeatedly that Dr. Paul came to the defense and offered his services even though he has never testified for a criminal defendant before. During her questioning of Dr. Mosley, Do described Dr. Paul as a State Medical Examiner and not "available for private hire." He made an exception in this case, the defense has implied, because he was so troubled by the incorrect conclusions of heat related death reached by Drs. Mosely and Lyon that he felt compelled to come forward and set the record straight.

After watching Dr. Paul in action for ten minutes or so I began to doubt that he was offering his testimony out of any such moral imperative. He just struck me as too slick by half. I rapidly came to the conclusion that while he may never have been available for hire by criminal defendants before, Ray will not be the last. I got the sense that this is just the beginning of his budding career as a professional witness. That intuitive leap was at least partially confirmed when another trial watcher posted a link to his new and still under construction website where he will advertise his services as a "Forensic Pathology Consultant."

So, as Dr. Paul embarks on this new career trajectory, I'd like to pass along a few tips from my wealth of experience in forensics, which is to say, competitive public speaking:

  Firstly, visual aids are a real asset in an informative presentation but they shouldn't upstage you. This is one case where bigger isn't necessarily better. Especially if they're so large that people have trouble seeing you.

  Or if they evoke nothing so much as one of those giant, novelty checks people get when they win the Publishers Clearing House or Lotto. Remember. You're being paid for this now. Best not to draw too much attention what a cash cow this is for you.

  Or if they dwarf the visual aids prepared by your employers in both size and quality.

  Finally, when answering difficult questions from opposing counsel, it's best not to keep looking nervously at the defense table. Look at the jury. They're your intended audience; not your employers.

In the small amount of direct testimony I was able to hear today, there wasn't much in the way of surprise. Although Dr. Paul did in fact hew more closely to the defense's case than I'd expected. I don't know where I got the idea that he'd convey some intellectual independence. At times this sounded more like the scripted dialog in an infomercial than an interview. One slightly unexpected answer came when Do asked him if pinpoint pupils can occur in heatstroke and he said that they could, echoing Dr. Dickson's testimony about the range of pupil presentations in heatstroke patients. But he was still confident that miotic pupils are a hallmark of a toxidrome and that that was what was indicated here.

I've also found it very interesting to hear how different Do sounds with a defense witness. It turns out that she doesn't always talk faster than the speed of sound and is capable of a conversational tone. I've also learned that she doesn't always end sentences with "correct?" Sadly, even with her more measured and less dictatorial tone, she's still nigh well unbearable to listen to.

Bill Hughes Cross Examines Dr. Ian Paul

Bill Hughes went straight for one of my biggest questions. Why weren't organophosphates suggested in Dr. Paul's written report? Dr. Paul said it was because he had still been waiting for information on Stephen Ray and the report was, therefore, incomplete. He said organophosphates were always part of his differential diagnosis. So, he felt confident enough to say it was a toxidrome, not heatstroke, without Stephen Ray's medical record but not confident enough to say what likely toxin he was contemplating? This makes no sense whatsoever but he said it with a patina of such reasonableness, it was hard not to accept the answer... He's really smooth.

As questioning went on, however, he began to look uncomfortable. Hughes confronted him directly on some of the central planks of his case.

Under direct Paul had claimed that the surviving victims had recovered fully and that this was consistent with organophosphate poisoning, whereas heatstroke would likely cause long-term neurological damage. Hughes pointed out that both Stephen Ray and Sidney Spencer described a litany of symptoms: memory problems, ringing in the head, trouble swallowing, numbness in the limbs, kidney pain, malaise, blurred vision, disequilibrium... Paul seemed to go out of his way to discount each symptom as unlikely caused by heatstroke because he would expect to the see the brain injury confined to the cerebellum instead of the parts of the brain indicated by those symptoms, or because they could be caused by other things, or because they are not specific to heatstroke -- anything but admitting that they could, in fact, be caused by heat related brain injury. Although he allowed that he was not a neurologist so he couldn't be certain.

Dr. Paul had claimed that Liz Neuman's "clammy" skin was an indication that she did not have heatstroke. Hughes pointed out that his own attached article said that not all heatstroke patients present with anhidrosis -- lack of perspiration. Rather than concede the point, he cited a problem with his own reference material. The article didn't differentiate between exertional and non-exertional heatstroke.

Hughes: Can you show us the article then that says that that would only apply to exertional heatstroke.

Paul: I'm not saying that it would only apply to exertional heatstroke but it would be much more common, uh, finding in exertional heatstroke, uh, and this area's not differentiating between the two.

Hughes: Okay, can you show us the article that says that it'd be much more common in exertional heatstroke as opposed to non-exertional.

Paul: Uh, I'm not exactly sure what source or I couldn't identify the, what source I read that in.

Hughes: Is that do you believe in one of the articles that you provided to Ms. Do when you were asked to provide the articles you had relied upon in making your report.

Paul: Yes.

Hughes: You believe it's in here?

Paul: Oh I don't know if it's in there or not.

Hughes: Well, are there other articles then that you relied upon that you didn't provide to Ms. Do?

Paul: I've had training in heat related injury. Um. I'm an ER physician. Uh, it would be a very common subject for me to read either during my training, um, or after my training. And I can't tell you exactly where I read that source, um, it would be basically understood in the medical literature, uh, that there's a clear differentiation between exertional and non-exertional heatstroke. I think it's imperative that you make that difference because they can present in different ways and they affect a completely different group of patients.

Hughes: Do you believe that's an important distinction?

Paul: Yes.

Hughes: Would it surprise you not a single one of these articles on heatstroke you provided make that distinction?

. . .

Hughes: Doctor, can you point out to me then a single article that you provided that make that distinction?

Paul: Uh, I don't know if it's in there or not in those articles. I don't recall them.

. . .

Hughes: Would you look through them and tell if it's in any of those articles?

After a brief recess was called by Judge Darrow, Hughes asked Dr. Paul if he'd had a chance to review the articles and locate a citation for his claim.

Paul: So, uh, the point I was trying to make is that in exertional heatstroke... some people maintain the ability to sweat and um, as compared to patients that have non-exertional heatstroke. In non-exertional heatstroke, patients do not maintain the ability to sweat and, uh, that it stated in this article that I provided and, um, I'll read the sentence. "Because their ability to sweat remains intact patients with EHS (which stands for exertional heatstroke) are able to cool down after cessation of physical activity and may present for medical treatment with temperatures well below 41° C."

Hughes: Now where in there does it say that patients with non-exertional heatstroke, uh, will always lose the ability to sweat? 

Paul: Uh, so I'd have to go through this again but the hallmark of non-exertional heatstroke is anhidrosis, mental status changes, and elevated temperature. 

Hughes: And you believe you saw in there that it indicates that a patient with non-exertional heatstroke would always have lost the ability to sweat?

Paul: It's a hallmark of that process but I did not read specifically that they always lose the ability to sweat.

Hughes: Did you look through the article?

Paul: Yes, and um, I don't see it. 

Hughes: Okay.

So that was a lot of time and energy for Dr. Paul to establish that, in fact, he could provide zero documentation to support one of the central claims of his, and by extension, the defense's case.

As I've discussed at length, dehydration, the underlying cause anhidrosis, is not a necessary cause of heatstroke and is not always present in heatstroke. Nor, obviously, is anhidrosis, as this eMedicine article points out. (Like Dr. Dickson, Dr. Paul relies heavily on eMedicine's scholarly articles and he extolled the virtues of the resource Do derided during her questioning of Dr. Dickson.)

Similarly, some patients may retain the ability to sweat, removing anhidrosis as a criterion for the diagnosis of heatstroke. Therefore, strict adherence to the definition is not advised because it may result in dangerous delays in diagnosis and therapy.

. . .

Anhidrosis due to cessation of sweating [in NEHS] is a late occurrence in heatstroke and may not be present when patients are examined.

The discussion is emblematic of most of Hughes's questioning of Dr. Paul. Hughes asked pointed questions in an attempt to clarify Dr. Paul's claims with Paul avoiding directly answering for as long as possible.

When Hughes asked the Medical Examiner why he used a different diagnostic criteria for heatstroke death than the National Association of Medical Examiners to which he belongs, the dance went on for quite some time. Their position paper does not require a determination of dehydration to diagnose heatstroke.

Dr. Paul would not answer how much the bodies of participants may have cooled in the lengthy process of getting them to the hospital where their rectal temperatures could be measured. He refused to try to calculate how much the cool, breezy, evening air, the wetting down with cold water, and the air conditioned ambulance rides, would have lowered their temperatures after upwards of an hour. Probably because it's hard to argue that they would not have cooled substantially. Instead we got a lot doubletalk about how it would impossible to calculate the temperature drop with certainty. It sure would be easy to cite a ballpark figure, though, which he would not do.

Most tellingly, he had no answer as to what quantity and concentration of organophosphates in pesticides would have been necessary to cause the deaths and injuries. He had done no research on what products could have poisoned people. After claiming that organophosphates had always been part of his differential diagnosis -- despite their lack of inclusion in his report -- his response to questions about what sort of exposure could have caused this tragedy he responded, "That's outside my area of expertise."

Dr. Paul testified today that he's never seen an actual case of organophosphate poisoning -- alive or dead. And yet, unlike every other expert to testify he's the only one willing to say that it's the likely culprit. Dr. Dickson remains the only one of the medical experts to testify who has treated patients with organophosphate poisoning and he is the only willing to dismiss the possibility with near certainty. What does that tell you?

Read More

James Arthur Ray Sweat Lodge Trial to Continue

Crossposted from Reflections Journal.

Judge Darrow Rules on Defense Motion

With a hundred pages of briefing and about an hour and half of argument, it would be very difficult for this court just to start in and go through a number of factors that would go into my decision on a Rule 20. Rule 20 rulings in my experience are often conclusory and that may not be, uh, satisfactory or satisfying to the parties but this ruling is going to be necessarily conclusory as well.

The first point has to do with whether or not there's a legal duty. That's a question for the court. That's not a question of whether there's substantial evidence as an element. It's a question for the court. And I conclude that the, uh, defendant Mr. Ray owed a legal duty to the decedents. That question maybe first was, uh, addressed in the admissibility of evidence about amounts paid for the event. And I'm aware of the distinction between Mr. Ray personally and JRI. The defense has argued that throughout the case. So in making this conclusion and stating this conclusion, I am aware of the distinction between entities; between a person and the corporate or business structure. But there is an element of a contractual basis for the duty and that's what's been noted. There may be others.

The State has presented substantial evidence as to voluntary acts as well as omissions and I'll state right now and Mr. Li, you've raised this. There may be real questions regarding duplicity. And, and, that's I think a separate issue. I find that it is a separate issue. [inaudible]

Ruling on the Rule 20: With regard to mens rea I conclude there is substantial evidence of the mental state of recklessness. With regard to causation I conclude there is substantial evidence going to both cause and fact or but for causation as well as proximate cause. I'll note, uh, Dr. Dickson's testimony with regard to causation.

With regard to the First Amendment I note in a prior ruling I did mention that; the importance of the context of legal duty. And I conclude that there has not been a violation of First Amendment principles in presentation of evidence. And I also conclude in this Rule 20 context that there has not been a due process violation.

In summary, it's ordered denying the motion pursuant to Rule 20.

With those words Judge Darrow dispensed with the latest attempt by Ray's defense team to abrogate this trial.

Motions for a directed verdict are typical in criminal cases, but Loyola Law School professor Stan Goldman said they are rarely granted even if there's a basis for them.

"Usually the judge wants to wait for what the jury has to say," he said.

Egads! Can you imagine being a juror in this trial, having already given up over two months of your life to hear this case only to be dismissed a couple of weeks from the end? I know I would have been pissed. For that reason, alone, I would have been surprised if Judge Darrow had granted the defense's motion.

As the above cited Wall Street Journal points out, such motions are kind of pro forma, so I was a little surprised to learn that CNN had taken enough of an interest in today's proceedings to return to Yavapai County just to air them. I can't help thinking they were expecting this to be the fiery finish they'd been waiting for. Their talking heads on In Session argued for weeks that the State could not make the case for reckless manslaughter, just as the defense argued in their motion for Rule 20 acquittal. But the idea that the State had not met its burden was pretty firmly rebuked by Judge Darrow today.

Luis Li Argues for Directed Verdict

The judge's ruling was sober and meticulous and a sharp contrast to Luis Li's hyperbolic insistence that the State's case was basically ludicrous. I think Li was just trying to make up in bluster what he lacked in factual basis, but as he so often he does, he came across like the big city lawyer lecturing the local yokels about the law. I doubt he means to sound like he's talking down to a Superior Court Judge but every phrase and every affectation of incredulity just drips with condescension.

What's missing from the State's entire seventy-two minute presentation is any articulation of what conduct constituted the crime. And what, no articulation about how that with the mens rea connected to that particular conduct. It's critical, Your Honor. It's not just a disclosure obligation, where if we look at enough of the discovery we might be able to figure out what the State thinks it might be alleging. What, what we've gotten here is essentially the same that we've gotten throughout this trial which is just a barrage; a fire-hose of every fact that the State can think of but with no discrimination as between what fact is actually the crime. What is the mens rea? How is this court gonna make a ruling as to what the mens rea was when a particular conduct was done. We don't have that. We've never had that articulation. It's not a simple disclosure problem, Your Honor. It's a due process violation. And now, it's amazing that the State would take the position that, well, ya know, you could've figured out what we were thinking, uh, but no harm, no foul because we told ya the day after we closed, or, ya know, three days after we closed the case. That's not how our laws work, Your Honor. It, it never has. There's, there's scads of cases about how that's a violation of due process and frankly illegal.

He also derided participants who didn't conform to his concept of free will.

The State repeatedly says here's what all these other participants thought and felt. They felt ashamed. They wanted to do this. They felt about this. They felt about that. That's entirely irrelevant to what the particular decedents were thinking at a particular time. We have no idea what they were thinking. Some of the participants felt that they could leave anytime and were very strong and had all sorts of, you saw the testimony, and some were, were, in my opinion, a little odd.

Nice. So those participants who complied with his own client's directions and express desires that they  see through this trial by ordeal and embrace their metaphorical death were "odd." They presumably deserved whatever injury they sustained. Whereas those who ignored his client and shrugged off Ray's promises of transformation during the pinnacle event of a seminar for which they'd paid ten grand were normal.

One of the things Sheila Polk made clear in her argument today, is that the exact same physical symptoms that should have alerted participants that they were in serious physical peril and should leave, Ray had promised them were the transcendent experience they had paid for.

In what was probably a preview of her closing argument, Polk wove together the major elements of witness testimony into a seamless and damning narrative.

Weather in the Southwest

I did not see all of the legal arguments because CNN did not carry the whole thing. Luis Li's hour plus argument was not streamed. I do know that the weather at the time looked to be, um, clear. Frankly I'm ambivalent about having missed out on his primary argument. His twelve minute rebuttal to the State was about as much Luis Li as I could take. Only part of Sheila Polk's argument was streamed. It seems CNN aimed to show up with its broadcasting equipment just in time to hear Judge Darrow kick the case... Except he didn't.

Again, the briefs are available for download and state the legal arguments of both the defense and the prosecution.

Aside from the excitement of Judge Darrow smacking down yet another attempt by defense attorneys to keep this trial from going to the jury, I have to say CNN picked a really dull day to breeze through town and carry a few hours of this trial. The defense kicked off their case with some of the dullest testimony yet.

Dawn Sy

Dawn Sy was the criminalist who tested samples of the sweat lodge structure and rocks. She's the one who found those "trace" elements of the "inert" ingredient 2 ethyl 1 hexanol and the terpenes common to wood in, well, the wood.

As I expected she would, Sy made it abundantly clear that 2 ethyl 1 hexanol is in a lot of things including foods, and terpenes are natural, "aromatic" components in many types of wood. Their presence was "not surprising." What's odd about her clarification is that it came under direct questioning from Truc Do, who actually did more to establish the commonplace nature of those chemical compounds than the prosecution did.

I had actually been looking forward to Sy's testimony and I was wondering what had happened to her. It turns out that she was bumped from the prosecution's witness list due to time constraints. Do tried vainly, even feebly, to suggest that it was only after Sy had communicated with the State about organophosphates that they'd dropped her, but the suggestion crumbled even during Do's own questioning. Do had to acknowledge the simple truth. The State ran out of time and had to slash its witness list. During redirect, Bill Hughes clarified that Sy had shown up to testify for the prosecution but had been turned away due to the length of another witness's testimony. Unspoken, but possibly quite noticeable to the jury, is that it's been the defense's barrage of objections and sidebar requests that ran out the clock.

Ray's defense team, which has stressed that participants were free to leave, continuously barraged the court with objections. So strenuously have his attorneys fought that prosecutors have averaged not even one witness a day on the stand. Prosecutors wound up calling fewer than half of the witnesses they originally listed.

Sy was a cooperative and earnest witness but as the opener for the defense's case, surprisingly lackluster. That didn't stop Do from dragging the process out for hours. She spent an incredible amount of time establishing a timeline for all Sy's activities and communication with the State. She even pulled out the easel.

Truc Do Breaks Down Timeline

Most of Do's direct examination seemed intended to show that the State had dropped the ball in terms of timely and clear communication with Sy and her department and that important testing either wasn't done or was not given adequate attention. As ever, the argument is that police didn't turn over the entire, intact sweat lodge structure and bushels of soil samples and didn't test for any and every possible chemical contaminant. It's a fairly solid defense tactic because none of the above are possible in any police investigation. No one can follow up on every possibility including the possibilities they have no reason to be aware of. However, in Do's plodding, overly detailed presentation, the impact of such criticisms was blunted by sheer boredom.

It really wasn't until her redirect that Do became her characteristically pointed and aggressive self. She got in some not unexpected jabs against the State for not scrutinizing its "own evidence" and giving Sy the information she would have needed to timely test for organophosphates. Once again, the "clues" the State failed to find were background noise in a recorded interview that took place in a crowded dining hall, and what may or may not have been an EMT talking about the possibility of organophosphates and carbon monoxide. Yawn.

Dawn Sy was excused subject to recall.

"The way Do holds her hands reminds me of claws coming 
at the witness in a very aggressive manner." ~ Amy Hall

Read More