Former Enron Broadband executive Kevin Howard’s motion for new trial in the re-trial of the Enron Broadband criminal case is based on serious allegations of juror misconduct and ex parte communications between the trial judge and the jury during deliberations.

In its filed earlier this week, the Enron Task Force takes the expected position that the allegations of juror misconduct were “internal” and not the product of “external forces” and, thus, do not justify a new trial.

However, in response to Howard’s allegations that U.S. District Judge Vanessa Gilmore had at least two sessions in which she improperly discussed the case with jurors outside the earshot of Howard and the attorneys involved in the trial, the Task Force contends only that such communications constitute “harmless error.”

A trial judge discussing the case ex parte with jurors while the jury in a highly-publicized, related trial is delivering its verdict amidst a media firestorm is “harmless error?”

Looks to me as if Mr. Howard has a pretty good shot at reversal if that’s the best the Task Force can come up with on that issue.