Trial, Day 52: Whew!

enrontrial.jpgAnd so, at the beginning of the 15th week of the Lay/Skilling trial, testimony finally wrapped up Monday after the prosecution called three rebuttal witnesses, then rested around 11 a.m. Jurors have been dismissed until Monday, when the prosecution will present its closing argument — which leaves the rest of the week for speculation. Woohoo!

According to the Chronicle's stable of legal experts, the outcome of the trial will likely turn on the testimony of Ken Lay, the former Enron chairman, and Jeff Skilling, the company's ex-CEO:

"The two big fish testified and I don't think the other people matter that much," said Adam Gershowitz, a South Texas College of Law professor who has attended some of the trial. "The only other elephant in the room is the lack of a paper trail."

Not that there weren't problems with Lay and Skilling's testimony. Before they took the stand, experts warned that letting the ex-execs testify might not be a great idea, especially considering Skilling's notoriously volatile personality. But it turned out that Skilling kept a relatively calm demeanor on the stand, while Lay ended up acting like an angry Chihuahua. Beyond that, their testimony might not have done enough to convince jurors: Skilling conveniently forgot details about key points, and Lay never gave a good explanation about why he withdrew $70 million from Enron even as the company slid toward collapse.

As for the prosecution's case, the experts said it might play well with the jury — the government kept its case relatively simple, avoiding complex discussions about business and accounting practices.

"The government kept it simple, even to the point of putting on little rebuttal," said Stanley Schneider, a Houston criminal defense lawyer who represents a witness in the Enron broadband case. Though prosecutors had considered 10 rebuttal witnesses, they eventually used only three on Monday.

"If you don't put on much rebuttal, it sends a message that the case is strong and they are relying on their cross-examination of Skilling and Lay," Schneider said.

Houston criminal defense attorney Kent Schaffer said both sides put up good arguments, which might even lead to a hung jury. "There's plenty for either side here," he said. "Lay was popular before the scandal, there were good character witnesses, there were experts and the defense was thorough, too."

The prosecution will present its closing arguments Monday, followed by the defense's closing Tuesday. On Wednesday, prosecutors will be able to rebut for three hours, after which the case will be given to the jury. A separate bank fraud trial for Lay will begin Thursday.

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