April 2, 2006
Intent - Key Issue in Skilling/Lay Trial
Mary Flood, who has been providing in the courtroom reporting of the Lay & Skilling trial for the Houston Chronicle, discusses a key issue of this case: Did the defendants act with intent and with the appropriate level required by the statutes charging them with criminal conduct? (here) The story looks at how intent can be inferred from the circumstances and what instructions, if any, should be given by the court on deliberate indifference. Co-blogger Peter Henning is quoted with a wonderful analogy in explaining how credibility can play a crucial role in determining whether someone acts with intent. He states -
"Lay and Skilling are now like teenagers coming home to parents explaining why they are late. It's a lot of guesswork to discern intent and it is scary."