STATEMENT OF LUIS LI
Munger Tolles & Olson LLP
Counsel to James Arthur Ray
February 3, 2010
The charges are unjust and we will prove it in court. This was a terrible accident – but it was an accident, not a criminal act. James Ray cooperated at every step of the way, providing information and witnesses to the authorities showing that no one could have foreseen this accident. We will now present this evidence in a court of law, and we are confident that Mr. Ray will be exonerated.
James Ray’s legal team has interviewed more than twenty people, including participants who attended the Spiritual Warrior Retreat, James Ray International employees and volunteers both inside and outside the sweat lodge; the man who built the sweat lodge under contract with the Angel Valley; and a Native American expert on the construction and use of sweat lodges. 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. Mr. Ray was and is devastated. The victims were friends and students. He cared deeply for all of them.
The purpose of the following is to set the record straight, relying on the words of those who were present in Sedona when the accident happened.
The rumor: James Ray stopped or prevented participants from leaving the lodge
The fact:
Like most sweat lodge ceremonies, Mr. Ray conducted the Retreat sweat lodge as a series of short rounds; in this case, the eight rounds lasted from 10 to 15 minutes. No one prevented participants from leaving the sweat lodge, either between or during the rounds. To the contrary, the evidence shows that some 15-20 people came and went between rounds. Mr. Ray would encourage people to stay inside the sweat lodge while a round was underway. This precaution enhanced the safety of the event: the sweat lodge was pitch black when the flap was closed and there was a hot stone pit in the middle of it. Even so, the evidence would show that neither Mr. Ray nor anyone else physically prevented people from leaving in the middle of a round. At least one participant simply lifted up the side of the tent and left.
The rumor: James Ray and his staff were not prepared and did little to care for participants
The fact:
No one, including Mr. Ray, could have foreseen sweat lodge consequences even remotely close to what occurred here. After the single incident in 2005 in which a participant required medical attention, JRI took extensive precautions to prevent any additional problems, including shortening the number of rounds in the sweat lodge ceremony; stationing a registered nurse and five other JRI personnel or experienced volunteers outside the tent; setting up a care station with water, electrolytes, lemons, oranges and watermelon; having buckets of water and hoses available to cool people off; and training staff members in CPR. These precautions have been more than sufficient to care for sweat lodge participants in the past and exceed the care available in traditional lodges. Neither Mr. Ray nor JRI had any reason to think that more was required. Their past efforts make clear that if Mr. Ray or JRI believed anything more was needed, they would have done it.
The rumor: James Ray is a guru and this was a cult
The fact:
This was a five-day retreat, not a cult. The JRI philosophy is a practical approach to creating a successful life, not a religious practice. The participants – some of whom had attended many JRI events, some who had had only a brief introduction – were educated, successful people who were looking for a physical, mental and emotional challenge. Those who chose to participate in the sweat lodge, and in any other event at the Retreat, did so voluntarily and after having been informed of the risk. JRI informed participants in writing that the Spiritual Warrior activities could lead to serious injury, up to and including death. Each participant signed a comprehensive release form that spelled out that the activities could include a sweat lodge with tight, enclosed spaces and intense temperatures. The evidence shows that participants understood from this release and from Mr. Ray’s description of the sweat lodge that it was going to be hot and uncomfortable and that the decision whether to go in at all, and whether to stay in once there, was up to them. One Retreat participant chose not to participate at all.
The rumor: James Ray abandoned the event participants and did nothing to assist them
The fact:
Although some outside observers have accused Mr. Ray of leaving the scene and returning to California, it is not true. The evidence shows that Mr. Ray comforted the victims and assisted in whatever way he could. At one point during the night, he went to his room to change out of his sweat-soaked clothes. With that exception, the evidence shows that he was at the site, speaking to his team and to participants, until he was separated from everyone and detained by Yavapai County Sheriff’s Detectives. Witnesses recall hearing that he made numerous requests to be allowed to meet with the participants and talk to them about what happened.
Given his detention by Sheriff’s officials, Mr. Ray asked Greg Hartle to speak to the participants on his behalf. Mr. Hartle met with the participants in the dining hall and provided updates on what was happening as the information became available. He also told them that Mr. Ray wanted to be there with them but could not because the deputies had detained him.
The rumor: James Ray and his team constructed the sweat lodge
The fact:
The contract between Angel Valley and JRI specifically required Angel Valley to provide, as part of the 2009 Retreat package, a “Sweat Lodge able to support 75 participants prepared and available based on JRI schedule.” Angel Valley also provided 100 grandfather stones for the ceremony.
Angel Valley constructed this particular sweat lodge in 2008. Yavapai County records contain no building permit for the sweat lodge. It is unclear whether Angel Valley was obligated to obtain such a permit or whether any other sweat lodge in Yavapai County possesses a permit.
We understand that Angel Valley employed a local man of Native American background to build the sweat lodge. The evidence shows that he constructed the lodge in accordance with his traditions and specified the type of materials to be used. The wooden frame was made out of bent branches and saplings. Two employees of Angel Valley at the time, Ted and Debbie Mercer, and another man named Brian Hitchcock performed the actual construction work and obtained the blankets and plastic tarps used as coverings.
The contract between Angel Valley and JRI specifically required Angel Valley to provide, as part of the 2009 Retreat package, a “Sweat Lodge able to support 75 participants prepared and available based on JRI schedule.” Angel Valley also provided 100 grandfather stones for the ceremony.
The rumor: James Ray played God and/or had a God complex
The fact:
Much has been made of the rumor that Mr. Ray purportedly played “God” at one point during the Retreat. He played this role exactly once, on Tuesday afternoon, when participants played the Samurai Game. But this was no cult practice. The Samurai Game is based on a corporate exercise that Mr. Ray learned while working for AT&T. The exercise is intended to demonstrate that people are responsible for their actions.
The Samurai game focuses on the concept of acting with integrity. As with many corporate team-building exercises, the rules are intricate and somewhat arbitrary. Participants divided into two teams. Each team had a domio, a priest who can talk to “God,” a ninja, a sentry and other assigned characters. Mr. Ray played “God” merely by acting as the proctor for the exercise by answering questions about rules. At one point during the game, participants watched a clip from The Last Samurai, starring Tom Cruise.
The Samurai Game culminated in various “battles” – using the term loosely – between individual team opponents. For example, the “battles” included a contest to see who could spin around ten times with a pillow on his or her head, and who could carry an egg on a spoon to a chair and back first. Those who “died” in battle, e.g., by dropping their pillows or eggs, were escorted by volunteers dressed as “Angels of Death” to the “graveyard,” which was a cordoned-off section of the Pavilion.
Although some outside observers have chosen to take the metaphor of the Samurai Game literally, the evidence shows that the Samurai Game was just that – a very theatrical game, and the kind of team-building exercise that might be played at a corporate retreat.
The rumor: That Spiritual Warrior participants were sleep and food deprived
The fact:
Except for the day of the Vision Quest, participants were given three meals per day. Meals were served buffet style and, in accordance with the food provided by Angel Valley, vegetarian. Participants were not limited to the quantities they could consume. Snacks were available all day in the Crystal Hall Meeting Room. Mr. Ray ate the same food as everyone else.
One report suggested that participants were sleep-deprived. Again, these reports are not true. The evidence would show that Saturday evening’s events ended at approximately 9:00 p.m.; Sunday and Monday, the events ended at around midnight. On Tuesday and Wednesday nights, participants were alone on their Vision Quests. It is reasonable to assume that most people spent some of that time sleeping.
The rumor: James Ray is obsessed with death and dying
The fact:
On the most basic level, even a quick review of Mr. Ray’s work demonstrates that he does not subscribe to a philosophy that celebrates death. His most recent book, Harmonic Wealth, barely mentions it, and then only in a metaphoric sense. Mr. Ray instead consistently focuses on asking his readers to decide to improve their lives and then take action in concert with that intention. Part of this process involves ridding oneself of limiting factors, behaviors and beliefs.
Sometimes, as with many religions, this concept has been expressed metaphorically as letting these things “die” and being “reborn.” That this is a common spiritual metaphor cannot be disputed. The New Testament contains numerous references to “death” and “rebirth.” See e.g. 1 Corinthians 15:31; John 3:3; Romans 6:3-4. Other spiritual traditions contain similar ideas. None of these mainstream traditions mean for these ideas to be taken literally. All of these mainstream traditions discuss rebirth as a concept of letting the past go in order to reach for greater spirituality.
During the Retreat, Mr. Ray’s students worked very hard at this process. They spent countless hours examining painful experiences, childhood issues, and limiting beliefs. They wrote about these issues in journals which they then burnt minutes before the sweat lodge ceremony. This was meant as an obvious metaphor, an exercise to let the past “die” before entering the sweat lodge and to emerge cleansed and “reborn.” The invitation to burn the journals might have been expressed as letting the past “die” but not a single witness will testify that it was understood literally as a death wish.
The claim that Mr. Ray told a participant that “it’s a good day to die” and that the statement should be taken literally is thus completely absurd. Yet some outside observers have implied just that claim. Mr. Mercer’s statement, found in the search warrant, has been parroted publicly by outside observers without any context. It is important to note Mr. Mercer’s possible motive for using Mr. Ray’s statements out of context. Mr. Mercer built the lodge, not Mr. Ray. At the time the Mercers were interviewed by the police, no one knew whether a design or construction flaw caused the deaths. If there were something inherently dangerous about the sweat lodge’s construction, Mr. Mercer bears the legal responsibility, not Mr. Ray. That Mr. Mercer may have had a motive to shift blame also has gone unreported. In any event, it seems highly unlikely that, if pressed, Mr. Mercer would suggest that the comment “it’s a good day to die” was intended – or interpreted – literally.
Similarly, to the extent that Mr. Ray described the intense heat of the sweat lodge by telling participants that “you are not going to die, you might think you are, but you’re not going to die,” these words were never meant to be taken literally. And no witness can truthfully say they understood such words to be literal.
The rumor: James Ray takes steroids that may cloud his judgment
The fact:
Over the last decade, Mr. Ray has spent over 200 days a year on the road teaching his courses. This is a demanding schedule and it began to take its toll. Years ago, Mr. Ray sought out responsible medical help and he got it. These doctors and medical professionals diagnosed him as having a hormone deficiency.
Most recently, Mr. Ray has been treated by a respected medical professional who prescribed these medications for good and sound medical reasons and as part of a treatment plan. The medications are prescribed in extremely low dosages to deal with the hormone deficiency and to prevent any potential side effects related to the medication. Mr. Ray’s doctor carefully monitors these small dosages, along with Mr. Ray’s medical condition, on a regular basis. Mr. Ray took the medication, as prescribed, every Sunday and did not take any of the medication on the day of the incident (Thursday). Mr. Ray has never reacted adversely to these medications, and there is absolutely no scientific evidence that such low dosages can produce the adverse effects speculated upon in the media accounts.
This is not an illegal and secret performance-enhancing treatment plan such as those used by professional athletes. All treatments were approved by a doctor. Mr. Ray even discusses such treatment plans in his most recent book, Harmonic Wealth: “If you start working with hormone-related supplements . . . I strongly recommend you do so under the guidance of a well-educated doctor in this field – emphasis on well-educated.” Id. at 249; see also id. at 271 (“Every six months I work with a doctor who checks my blood, my hormones, my adrenals and everything else. He’s a longevity or anti-aging doctor.”).
The doctors who have speculated on the relationship between the tragedy at issue in this case and Mr. Ray’s treatments know none of this. They have never met Mr. Ray. They have never examined Mr. Ray’s medical records. They have never tested Mr. Ray. They do not know what dosages have been prescribed. They do not know when the medication was to be taken or how often. They do not know in what combinations. That they disagree with the benefits is irrelevant. These doctors lack any foundation to make any of the claims the reports imply.
