Posted on 07/07/2006 5:13:03 PM PDT by Sunshine55
Lawyers likely to argue that entire case has effectively been voided
BARRIE MCKENNA
WASHINGTON -- Kenneth Lay's sudden death could prove to be an unexpected legal bequest to Jeffrey Skilling, his co-defendant in the landmark Enron Corp. fraud case.
Mr. Skilling's legal team will almost certainly invoke Mr. Lay's demise to try to reverse his own fraud and conspiracy conviction or demand a retrial, legal experts said yesterday.
That's because Mr. Lay's death Wednesday of an apparent heart attack effectively voids the entire case against the Enron founder, including the guilty verdict. Mr. Skilling, the former Enron chief executive officer who is appealing his own conviction, could now argue that much of the evidence against him stems from a case that no longer exists, argued lawyer Jacob Frenkel, a former federal prosecutor and white collar crime specialist.
"This is the first time this has happened in such a high profile case," Mr. Frenkel said. "Everybody is scrambling to see what the law says on this."
How it all plays out could set a legal precedent, he added.
(Excerpt) Read more at theglobeandmail.com ...
My initial response was that it couldn't be, however upon further research I discovered the law of abatement which holds that if person is convicted of a crime, but dies before the conviction is affirmed, its as if the indictment never took place. Something is wrong with this but it is settled law in the 5th Circuit. This could lead to some interesting possibilities. What if Kenny Boy knew this and took something to induce the heart attack. Or how bout his heirs knew about it and slipped him something to induce the heart attack. Not saying this took place, but it greatly increases the barriers to civil forfeitures against his heirs. And best of all it seems to really crimp the case against Skilling.
That's essentially what I said. If his conviction is under appeal the appeal dies. The conviction stands, although is now moot.
The balance of my comment was directed at Skilling and whatever affect his death may have on a Skilling appeal. To me, it would seem to have no affect because an appeals court will look at the 'propriety' of the trial, not the evidence. Only should an appeals court throw out Skilling's verdict could Lay's death possibly be a factor. That's my humble opinion and I'm no attorney.
True - however with the "criminal" charges dismissed, the Feds would first have to "re-prove" Lay's "guilt" on the civil side before any funds could be seized.
And now with 50% of what-ever is actually still there being passed to Lay's wife I'm not too sure a very much is left?
True - however with the "criminal" charges dismissed, the Feds would first have to "re-prove" Lay's "guilt" on the civil side before any funds could be seized.
And now with 50% of what-ever is actually still there being passed to Lay's wife I'm not too sure a very much is left?
We neede the CSI team to investigate . Grissom will find the truth .
The rumors of "nothing left" may be premature, but we shall see.
I did hear in the last few days that KL's testimony in the criminal trial can be used in the civil trial - and if that's true, perhaps a lot of the other evidence is usable, too.
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