Arguments closed, Jury now begins deliberations in the trial

Prosecutor in Enron trial said tactics employed by lawyers for Skilling and Lay were an attempt to cover up lies told by the two men

Jurors in the criminal fraud trial of Enron’s former chief executives, Jeffrey K. Skilling and Kenneth L. Lay, began their deliberations today after two and a half days of closing arguments by both sides.

The case went to the jury after a federal prosecutor hit back this morning at assertions by defense lawyers that the government had coerced witnesses to fabricate testimony, in a final attempt to persuade jurors to convict the two men on criminal charges. Speaking in a calm, calculated tone as he delivered the rebuttal to the defense’s emotional closing arguments, the prosecutor, Sean Berkowitz, said the tactics employed by lawyers for Skilling and Lay were an attempt to divert attention from lies the two men told on the witness stand.

Berkowitz reserved specific but quietly stated ire for what he said was the ‘‘ranting and yelling’’ of Chip Lewis, a lawyer for Lay, who in one of the testiest moments of the trial had shouted in the direction of prosecutors on Tuesday, ‘‘Don’t come to Houston, Texas, and lie to us!’’

Story continues below this ad

Citing e-mail messages and transcripts of telephone calls with brokers, Berkowitz pointed to deceptive statements by Skilling and Lay that the prosecution said had illustrated efforts to prop up their personal fortunes even as they knew Enron was spiraling into bankruptcy protection.

‘‘Skilling used our nation’s tragedy to cover his tracks,’’ Berkowitz said, referring to statements from Skilling that the attacks on September 11, 2001, had moved him to sell stock in Enron instead of knowledge he had that the company was veering toward collapse. ‘‘That’s offensive and he shouldn’t get away with it.’’

The rebuttal by Berkowitz brought to an end the closing arguments in the trial, with jurors now reviewing the 28 charges of fraud, conspiracy and insider trading against Skilling, and the 6 charges of fraud and conspiracy against Lay.

Lawyers for the two men have contended throughout the trial that prosecutors overreached their authority in their efforts to build a strong criminal indictment.

Story continues below this ad

Berkowitz mocked the idea that witnesses testifying against Skilling and Lay had fabricated their testimony. The prosecutor cited the example of Ben F. Glisan Jr, a former Enron treasurer, who is cooperating with the government and has testified about fraudulent activities at the company. ‘‘He’s six months from getting out of prison,’’ Berkowitz said of Glisan. ‘‘The only way he can screw that up is by lying.’’

Wrapping up his rebuttal with an appeal for jurors to consider the wealth and power of Skilling and Lay in contrast to the losses suffered by ordinary investors, Berkowitz said, ‘‘Don’t go back and let the defendants, with their high-paid experts and their lawyers, buy their way out of this.’’

–SIMON ROMERO

Cyclone Montha: Schools closed, fishing activities suspended in Andhra, Odisha

India5 hr ago

A severe cyclonic storm, named Montha, is expected to make landfall along India's east coast between Odisha and Tamil Nadu on Tuesday. The Indian Meteorological Department has issued warnings for heavy rain and rough seas, with the potential for extremely heavy rain in certain areas.

View all shorts

Live Blog

PHOTOS