Arizona Motion for new trial delaying Ray's sentencing

PRESCOTT, Ariz. (AP) -- A defense request for a new trial is delaying the sentencing of a self-help author who led a deadly Arizona sweat lodge ceremony in 2009. A jury in Camp Verde convicted James Arthur Ray on June 22 on three counts of negligent homicide in the deaths of three people. They were among dozens who participated in the ceremony Ray led at a retreat center near Sedona in October 2009. Ray faces up to nine years in prison, prosecutors said, but he's also eligible for probation. Ray, 53, originally was scheduled to be sentenced July 25. But defense attorneys filed a motion July 10 for a new trial based on what they claimed was egregious misconduct by prosecutors. Ray's lawyers said one example was prosecutors playing an audio clip that never was admitted into evidence. Jurors heard the clip before deliberating on aggravating factors. Yavapai County Attorney Sheila Polk acknowledged the error but said the information was cumulative and didn't prejudice Ray in the trial that lasted four months. During a telephonic hearing Friday, Judge Warren Darrow set Aug. 16 as the date for the oral arguments. If Darrow rules against a new trial, the next step in the case will be a presentence hearing. Attorney Tom Kelly told the Daily Courier that the defense will call as many as 18 witnesses and have requested three days to present a case on factors that should reduce Ray's sentence. Polk has asked for equal time. The mitigation/pre-sentence hearing has been scheduled for Sept. 19-23 with Ray's sentencing scheduled for Sept. 26, court officials said. Polk said her office is "in a reactive mode" and hasn't received disclosure about the proposed defense witnesses. Kelly acknowledged that the defense has not yet filed its formal motion naming the witnesses and the mitigating factors they hope to give Darrow for consideration at sentencing. Statutes call for sentencing to take place within 30 days of a conviction, and Polk said she has concerns about extending that time because of the impact on the victims' families. Ray, who didn't attend Friday's hearing, remains free on $525,000 bond. More than 50 people participated in the two-hour sweat lodge, a sauna-like ceremony typically used by American Indians to rid the body of toxins. It was meant to be the highlight of Ray's "Spiritual Warrior" seminar near Sedona. More than 20 people were taken to hospitals. Kirby Brown, 38, of Westtown, N.Y., and James Shore, 40, of Milwaukee, died upon arrival. Liz Neuman, 49, of Prior Lake, Minn., slipped into a coma and died more than a week later. Published: Tue, Aug 2, 2011