August 28, 2004
Free Kenny Boy!

This was bound to happen sooner or later - is online. The only info there so far is a picture of Kenny Boy and a personal note in which he states his innocence "of all charges that Andrew Weissmann and the President's Task Force allege in their July 7, 2004 indictment", but if they put up a blog with an RSS feed, I'm so there.

Elsewhere in Enronarama, Skilling and Causey are claiming discovery difficulties.

A federal judge has already shown an interest in forcing the issue. And this week, prosecutors wrote letters to attorneys for ex-Chief Executive Officer Jeff Skilling and former chief accountant Rick Causey to clarify what they will or won't do to help the defendants.

Ever since 1963, federal law has required that prosecutors provide defendants with collected evidence that would tend to exonerate those accused of crimes. In that case, the U.S. Supreme Court gave a new punishment trial to Maryland death row inmate John Brady because prosecutors hid his co-defendant's confession to a slaying committed during a robbery.

Attorneys for Skilling and Causey complain that they've been pointed to no exonerating information, even though the government has compiled at least 50 million maybe 80 million or more documents.

The defense lawyers have pointed to several documents they found themselves that they say help their case. One is ane-mail from an Enron lawyer saying Skilling would have stopped a side deal if he knew how much money then-Chief Financial Officer Andrew Fastow was making.

Enron Task Force prosecutors counter that the e-mail at issue was provided to Skilling by the government; it just wasn't highlighted. They say they've been unusually open, providing a room where lawyers can look at and copy the documents. Prosecutors say the government has more than met its burden by opening these files.

In court, prosecutors have said they found no information that would fall under the exonerating evidence rule.

In letters, they promise to try to point up any such information.

A defense motion has been invited by the judge and should be forthcoming in October. Stay tuned.

Posted by Charles Kuffner on August 28, 2004 to Enronarama | TrackBack