CAMP VERDE, Ariz. (AP) — Prosecutors who secured convictions against a self-help author say they erred in playing an audio clip during the sentencing phase that was not admitted in the trial.
James Arthur Ray's attorneys raised the issue after jurors were dismissed in the case and moved for a mistrial with prejudice.
Yavapai County Attorney Sheila Polk said at the time that the clip was played during the trial or considered by jurors during deliberations.
But Polk acknowledged Monday in a court document that she played one minute of a clip for jurors considering aggravating factors, but that she shouldn't have. She argues the clip was cumulative and did not prejudice Ray.
Judge Warren Darrow has not ruled on the mistrial motion.
Three people died following a 2009 sweat lodge ceremony that Ray led near Sedona.
Copyright 2011 The Associated Press.