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His Personality Parade
From left, former Enron chief Jeffrey Skilling, lawyer Daniel Petrocelli and founder Kenneth Lay have been in court for 11 weeks.
(By Pat Sullivan -- Associated Press)
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At first, jurors pivoted in their chairs to watch Skilling at the easel. U.S. District Judge Simeon T. Lake III stepped down from his perch to get a better view. And the prosecutor, who will cross-examine Skilling as early as next week, moved to look, as well.
But by the afternoon, as Skilling gave sweeping alternative explanations for many of the 28 criminal charges against him, several members of the jury exchanged smiles. They came back from an afternoon break bearing cups of coffee. And the judge, perhaps recognizing signs of fatigue, reminded panel members when they left for the day that there was only "one more day this week."
"Time's really flying," he said.
In addition to his lectures on the energy business, Skilling told jurors he did not manufacture earnings or engage in a criminal conspiracy with Lay and others to mislead investors about Enron's health -- attacking the prosecution case at its core. He called a decision that he, Lay and the board made to allow then-finance chief Andrew S. Fastow to run outside business partnerships that did deals with Enron "a horrible idea" in retrospect.
And he added that had he known Fastow was stealing from the company, he probably "would have called the FBI." Skilling said, "I might have a little hesitation now about doing that, but at the time, I would have done it." Skilling's relatives once again broke into laughter.
Skilling also revisited his final weeks at the company, reminding jurors of a July 13, 2001, conversation in which he told Lay he would resign. Earlier this week, in some of the most emotional testimony in the trial, Skilling said he was emotionally exhausted and that his life was "totally out of whack" at the time.
On Wednesday, Skilling testified that Lay had approached him a few days after that conversation, having discussed Skilling's departure with several board members.
"The first question they had was, 'Does he know something we don't know?' " Skilling recalled. He said he discussed the finances with then-accounting chief Richard A. Causey, who told him things were "fine." Skilling said he walked into Lay's office and delivered the same message.
Both Fastow and Causey have since pleaded guilty to criminal charges, as have more than a dozen other former Enron executives. Skilling and Lay argue that many of them caved to prosecutors' pressure rather than go to trial and face the prospect of long prison sentences.
Among the testimony Skilling worked to rebut Wednesday was the account of his former protege David W. Delainey, who said his boss had hugged him in delight when he disclosed that he had stockpiled millions of dollars in reserves to protect against volatility in the market. Prosecutors say the reserves were improper, but Skilling argued Wednesday that they made sound business sense.
"I may have kissed him; I certainly hugged him," Skilling said. "To me, this was very encouraging because I believed it was appropriate."


