Prosecutorial Misconduct--Enron Update

We just returned from this afternoon’s hearing concerning the Enron defendants’ motion to dismiss with prejudice, which we discussed here. Not surprisingly, Judge Sim Lake declined to do so. Instead, he will write letters to 34 potential witnesses’ lawyers and inform them personally that they have the right to talk to the defendants.

This solution was proposed by the government, which maintains that witnesses are not being coerced. Defense counsel would have preferred a court order forcing the potential witnesses to talk to the defendants, which would have been unprecedented. Judge Lake, acknowledging that he might have the power to do that, determined that he did not want to exercise that power. Instead, he wants to take things slowly.

The defendants and the government will be working together on drafting a letter which will be delivered to Judge Lake by Monday to be sent out as soon as possible after that. Other items on the agenda are that the government has three weeks to respond to the defendants’ motion, the government’s proposed jury questionnaire will be given to the Court a week from tomorrow, and another hearing is scheduled for September 29, 2005.