Wednesday, May 10, 2006

More on the Ostrich Instruction

U.S. District Judge Sim Lake is following his plan to give jurors an "Ostrich Instruction" for both Ken Lay and Jeffrey Skilling when he charges the jury before closing arguments.  A New York Times article (here) discusses the controversy over the judge's decision, and quotes co-blogger Ellen Podgor questioning whether the instruction in appropriate given the government's theory of the case.  It is also a fair question whether the instruction should be given for both defendants because of their different roles at Enron.  Nevertheless, Judge Lake is pushing ahead, so if there is a conviction in the case, this will be a prime issue on appeal. (ph)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2006/05/more_on_the_ost.html

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