April 18, 2006
Skilling Under Fire
Posted by Gordon Smith

The media bloggers seem to be impressed with posecutor Sean Berkowitz's style so far. I just discovered WaPO's Enron blog, which offers another angle to supplement the W$J's Law Blog and the Houston Chronicle's Enron TrialWatch, both of which have been excellent. Though all three seem impressed with various Berkowitz tactics, the question is whether he has scored any important points against Jeff Skilling on the merits.

Photofete? Given the numbers of dollars thrown around at Enron, Skilling's $180,000 investment in Photofete over two years hardly seems like a front-page scandal, even if the founder of the company and Skilling became romantically involved.

The California joke? Again, style points, but it hardly exposes a criminal mind.

The jury consultant? Ditto.

As for the main substantive issues in the case -- the stock sales, LJM, the alleged conspiracy with Lay -- Berkowitz seemed to make little headway. Skilling is repeating points that he made on direct.

It's too early in the week to draw conclusions, but Berkowtiz will need more than a few courtroom tricks to convince the jury that Skilling masterminded a criminal conspiracy.

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Comments (6)

1. Posted by Larry on April 18, 2006 @ 8:22 | Permalink

Maybe it's just me, but Skilling lying on the stand (or at least conveniently not remembering the Photofete situation) would certainly get my attention as a juror. It would make me think twice about a lot of what he said.


2. Posted by Gordon Smith on April 18, 2006 @ 11:20 | Permalink

Larry, I read the various accounts of his testimony, and it didn't appear to me that he was lying. He understated the total amount of his investment, but the investment was made in stages, and one of the stages was $60,000, which is the number he used. The fact that he doesn't remember the details of what for him is a fairly small investment doesn't strike me as all that shocking. The more damaging part, in my view, is the implication that he disregarded Enron's ethical rules, and I suspect that the defense will argue that this was not really a material transaction to Skilling.

One last thing: Skilling's lawyer was pretty aggressive about bringing up bad facts on direct, allowing Skilling to frame those discussions. But he never mentioned Photofete. I have a hard time believing that he forgot or didn't know about the transaction. I suspect that Skilling's team decided that it just wasn't that big a deal.


3. Posted by Larry on April 18, 2006 @ 12:20 | Permalink

We'll see how it all plays out; cross, as we all know, is a cumulative effort. Bringing this kind of stuff out early nicely sets the stage for the bigger stuff. I think it just makes it that much easier for the jury to believe he's a crook, as the prosecution contends. We'll have to see, though, if the prosecution has enough up their sleeve to make the jurors actually believe he is a crook.


4. Posted by Gordon Smith on April 18, 2006 @ 12:34 | Permalink

Absolutely right. I just posted about another exchange from this morning that seems like a more important crack in Skilling's armor. A few more shots like that and he is done.


5. Posted by Larry on April 18, 2006 @ 12:45 | Permalink

Yeah; to use the boxing analogies that cross lends itself to, that was a pretty good body blow. After yesterday and the interesting "sparring" from this morning, Skilling is on the ropes.


6. Posted by Michael Guttentag on April 18, 2006 @ 16:12 | Permalink

I’m with Larry on this one. I don’t see how the prosecution could have gotten off to a better a start. “Now that we’ve established that you at best have a self-serving memory of the facts (but are probably just a liar), you flaunt the company’s ethics code, and you have hired a high-priced consultant to coach you on how to be more appealing to this jury, let’s get started with the real questions …”

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