Sunday, May 14, 2006

The Skilling/Lay Closing Arguments

Today will be the government's first crack at closing.  Normally the first government closing is a summary of the evidence - that is, from their perspective.  One seldom sees the fireworks during this initial phase.  The government will get a second round of closing (rebuttal) on Wednesday.  The reason for the government going first and last is because they carry the burden of proving the accused guilty beyond a reasonable doubt.  Some questions remain:

  • Will the government continue to take the position they have taken with Skilling and Lay at trial (these guys were on soapboxes providing false information); or will they now position themselves for the court giving a willful blindness or ostrich instruction?
  • Will they refer to the Photofet evidence and will this be one of their key arguments as to why Skilling and Lay's testimony can't be trusted? 
  • Will they use all their time, or try and keep the closing as brief as possible?  Will they continue to keep the case simple?

(esp)

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

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