Post by Shadow on Jan 25, 2006 19:50:11 GMT -5
Sierra Times
Associated Press
HOUSTON (AP) -- Enron Corp. founder Kenneth Lay and former CEO Jeffrey Skilling reiterated Monday their request to postpone their fraud and conspiracy trial, saying prosecutors' attempt to streamline the indictment against them without a grand jury's approval isn't legally adequate.
Last week prosecutors said they intended to drop four of the 35 criminal counts pending against Skilling and remove references to former top Enron accountant Richard Causey as a defendant in the case.
The four counts are related to counts that only Causey faced. He pleaded guilty to securities fraud in December and agreed to cooperate with prosecutors.
After Causey's plea, prosecutors told the judge that they didn't intend to "supersede" the indictment, which would involve presenting streamlined charges or additional allegations to a grand jury. The grand jury would then decide whether to hand up a revised indictment. That process could postpone the trial, set to begin next Monday. U.S. District Judge Sim Lake already delayed the trial nearly two weeks to give the defense time to regroup in light of Causey's plea.
Defense lawyers want Lake to require prosecutors to seek a superseding indictment from a grand jury.
Skilling lawyer Daniel Petrocelli also noted in court papers filed Monday that prosecutors added new accusations stemming from the same number of criminal counts.
Associated Press
HOUSTON (AP) -- Enron Corp. founder Kenneth Lay and former CEO Jeffrey Skilling reiterated Monday their request to postpone their fraud and conspiracy trial, saying prosecutors' attempt to streamline the indictment against them without a grand jury's approval isn't legally adequate.
Last week prosecutors said they intended to drop four of the 35 criminal counts pending against Skilling and remove references to former top Enron accountant Richard Causey as a defendant in the case.
The four counts are related to counts that only Causey faced. He pleaded guilty to securities fraud in December and agreed to cooperate with prosecutors.
After Causey's plea, prosecutors told the judge that they didn't intend to "supersede" the indictment, which would involve presenting streamlined charges or additional allegations to a grand jury. The grand jury would then decide whether to hand up a revised indictment. That process could postpone the trial, set to begin next Monday. U.S. District Judge Sim Lake already delayed the trial nearly two weeks to give the defense time to regroup in light of Causey's plea.
Defense lawyers want Lake to require prosecutors to seek a superseding indictment from a grand jury.
Skilling lawyer Daniel Petrocelli also noted in court papers filed Monday that prosecutors added new accusations stemming from the same number of criminal counts.