Position at Trial—Enron Decision

US District Court Judge Sim Lake has made a ruling on the motion we discussed last week filed by the Enron defense team to have the defense sit closer to the jury box and witness. If you recall, the defense claimed that having an unobstructed view of the witness was a part of the constitutional right for the defendant to confront his accuser in court.^[1]

With tongue firmly in-cheek, Judge Lake proclaimed that “there is no law to guide me in this weighty decision,” and decided to apply “fairness and common sense.”^[2] Deciding to “split the baby,” Judge Lake will let the prosecutors sit closer to the jury when they present their case, and then let the defendants sit closer to the jurors when it is their turn.^[3] Judge Lake even went so far as to sit in the seats that were claimed to obstruct the defendants view of the witness stand, finding that several seats still provided a good view.^[4]

This result, while certainly not 100% satisfying to the defense is an object lesson in the little surprises that can happen when a motion is filed, even when people may scoff at what is asked for in the motion.

Jury selection for the looming Enron case is set to begin on Monday morning.

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[1] See also Mary Flood, This is One Motion That’s Really on the Table, Houston Chronicle, Jan. 18, 2006.
[2] Mary Flood, Lawyers to Share Table Near Jury, Houston Chronicle, Jan. 27, 2006.
[3] Id.
[4] Id.