HOUSTON (AP) - The lengthy fraud and conspiracy trial of Enron Corp. founder Kenneth Lay and former Chief Executive Jeffrey Skilling is reaching its end with a judge anxious for jurors to begin deliberations.
The case will enter its 15th week Monday with the last five defense witnesses on deck, to be followed later in the week by up to 10 prosecution rebuttal witnesses. U.S. District Judge Sim Lake last week indicated none of this week's witnesses should be on the stand very long, insisting that a dozen hours of closing arguments are to begin May 15.
The judge told the jury of eight women and four men he was "confident" that testimony would wrap up Thursday.
The remaining defense lineup includes a pair of experts and the second of two pastors to testify as character witnesses for Lay.
 | (AP) Former Enron executive Jeffrey Skilling arrives at the courthouse for his fraud and conspiracy... Full Image |
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Also in the lineup is a woman affiliated with a now-defunct online photo-sharing company that both Skilling and Lay invested in that did nearly half a million dollars in business with Enron.
The company, Photofete, was run by a former Skilling girlfriend. Prosecutors noted their investments while cross-examining the defendants - $180,000 from Skilling and a commitment of $120,000 from Lay.
Both acknowledged that they "probably" violated Enron's code of ethics because they didn't inform their directors in writing, as required, that they had invested in a company that did business with the energy company.
Prosecutors sought to challenge their credibility by demonstrating that they didn't follow their own company's ethics code. Last week Lake denied a request from Skilling's lead lawyer, Daniel Petrocelli, to advise jurors to ignore Photofete issues as irrelevant to the criminal charges facing the ex-CEO.
So far, 27 witnesses have testified for the defense, including Lay and Skilling. The government presented 22 witnesses, including eight ex-Enron executives who have pleaded guilty to crimes, before prosecutors rested their case March 28.
 | (AP) Former Enron executive Jeff Skilling smiles as he leaves the courthouse in the rain at the end of... Full Image |
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Experts had differing views on the importance of a government rebuttal case.
Jacob Frenkel, a former federal prosecutor who has followed the trial, said the most important issue facing prosecutors is how much rebuttal to present - if any.
"The most powerful rebuttal case the government could put on is, 'Your honor, we have no witnesses to put on, we're ready for closing arguments,'" he said. "That sends a powerful message in terms of the government's confidence in its case - the meaning is, 'We don't need to say anything else.'"
But Michael Wynne, another former federal prosecutor in Houston who has observed much of the trial firsthand, said a few short rebuttal witnesses could help polish an already strong government case.
"Rebuttal is an opportunity to sort of tie up loose ends. If you've got those witnesses and you can get them on and done quickly, I'd err on the side of doing it," he said.
Lay and Skilling are accused of repeatedly lying to investors and employees about Enron's financial health when they allegedly knew their optimism masked fraudulent accounting that hid debt and inflated profits.
The pair counter that no fraud occurred at Enron other than a few executives who skimmed millions from scams behind their backs. They both attributed the December 2001 descent into bankruptcy protection to bad publicity and lost market confidence.
Skilling faces 28 counts of fraud, conspiracy, insider trading and lying to auditors focusing on his actions from 1999 through his abrupt resignation in mid-August 2001 after serving as CEO for just six months. The six counts of fraud and conspiracy against Lay focus on his actions from Skilling's resignation through the company's failure.