June 06, 2003
Fastow finagling

Lawyers for Lea Fastow are asking that her trial be delayed until after her husband, former Enron CFO Andrew Fastow, has been tried, on the grounds that he has unique exculpatory testimony to offer on her behalf. The request extends to any appeals that Andy Fastow may make as well, meaning this could be a multi-year delay if the motion is granted.

Her motion states Andrew Fastow has testimony that will help his wife that no one else can offer. It says her Fifth and Sixth Amendment rights would be violated if the request is not granted because Andrew Fastow is only available to testify after his own criminal trial is concluded.

Lea Fastow's San Francisco-based lawyer, Nanci Clarence, said last week that if the trial is postponed to wait for the husband's testimony, then "one set of constitutional rights does not have to be sacrificed for another."

It's not too hard to read between the lines here and conclude that the government is probably suggesting, if not outright pushing, a plea bargain for Andy Fastow in return for clemency (or at least leniency) for his wife and testimony against Ken Lay and Jeff Skilling, an possibility that's been speculated about since before she was indicted. I almost admire the guy for holding out this long.

Of course, maybe both of them are innocent of all charges and they just want their day in court to prove it. Right? Yeah, sure.

Posted by Charles Kuffner on June 06, 2003 to Enronarama | TrackBack