“Somebody was guilty because they were guilty”

Mary Flood, the Houston Chronicle’s lead reporter on the criminal trial of former Enron executives Jeff Skilling and Ken Lay, reports that some of the former Lay-Skilling jurors are now hitting the rubber-chicken circuit:

Deliberating the fate of Jeff Skilling and Ken Lay last year was “horribly confusing” and very intense, juror Jill Ford told a group of appellate lawyers at a dinner Thursday night.

Ford, juror Dana Fernandez and alternate jurors Gary Creakbaum, Amanda Perry and Kristine Statham answered after-dinner questions from the inquisitive lawyers at the Four Seasons Hotel. U.S. District Judge Sim Lake, who oversaw the trial, was also in attendance.

Some of the juror observations that Flood reports are quite telling. One of the jurors confirmed that the real presumption in the case was not that of innocence and that Skilling and Lay never really had a chance:

Ford, who was 24 when the jury deliberated last May, said she learned that Diet Coke could keep her awake in the morning and that she took things very seriously. “I felt it was important that somebody was guilty because they were guilty . . . not because we needed somebody to blame,” she said.

Flood goes on to report that the jurors thought that former Enron treasurer Ben Glisan and former investor relations chief Mark Koenig were the most damaging witnesses to Skilling and Lay, and that none of them believed Skilling or Lay’s testimony, although they all agreed that both of the former executives had to testify under the circumstances.

Given the 25 year sentence that Skilling received, one shudders to think what basis the jury would have given Judge Sim Lake to sentence him had he not testified.

Of course, in a trial of such complexity, Skilling’s testimony regarding his under-disclosed investment in his former girlfriend’s fledgling company named Photofete was a key issue for at least two jurors. And apparently no one cared to ask the jurors what they thought about the fact that the Enron Task Force prevented them from hearing from dozens of witnesses who would have provided exculpatory testimony for Skilling and Lay.

This post outlines the case and evidence that was presented at trial against Skilling, and this one does the same for the case against Lay.

But it all still boiled down to Photofete. So it goes in the wacky world of regulating business through the blunt instrument of the criminal justice system.

But what about the Apple Rule?

the_wall_street_journal_logo.gifSo, one of the two Wall Street Journal Pulitzer Prizes this year is for the WSJ’s reporting on the backdating of options scandal that has snared hundreds of companies and executives over the past year. Frankly, I’ve been more impressed with the WSJ’s Holman Jenkins’ writing ($) exposing how the media largely made a mountain out of a molehill in regard to the backdating mess (John Carney over at DealBreaker comments along the same line).
So, my question is this — if the WSJ backdating series merits a Pulitzer, then what award does the even more insightful series of blog posts that developed the Apple Rule deserve?

Piling on Lidge, but what about Biggio?

Lidge%20hurting.jpgNow even the SportsPickle is getting into the act of making fun of embattled Stros reliever, Brad Lidge:

Brad Lidge confident he can help Astros lose in the eighth inning just as much as in the ninth
Although he has been demoted from closer to a setup role, Astros reliever Brad Lidge says he believes he can contribute just as much to team in the middle innings as he can in the ninth inning.
ìIím going to keep going out there, and doing what I do ñ throwing the ball as hard as I can right down the middle of the plate,î said Lidge. ìWhether thatís in the sixth, seventh, eighth or ninth inning, itís no matter. The batter is going to have to put his bat on it. And if he does, good for him. Itís a guaranteed home run.î
Even though he is disappointed to lose his closerís role, Lidge admits he may serve the team better as a setup man.
ìSeeing me come in for the seventh or eighth inning will be motivating for the team,î said Lidge. ìTheyíll know that they still have one or two at-bats to come back from the deficit I put them in. Whereas when I gave up walkoff homers as a closer, they never had a chance to come back. Having me available at any point in the game will ensure the team never gets lackadaisical.î

Lidge is an easy target these days, but there are plenty of other Stros who aren’t exactly lighting up the scoreboard in the season’s early days. For example, through 11 games, Stros icon and lead off man Craig Biggio has an RCAA of -3, an on-base average of .240 and an OPS (OBA + slugging percentage) of .620, he has not yet drawn a walk in 50 plate appearances, has scored only 5 runs and has struck out 10 times while grounding into 2 double plays.
Granted, it’s still early in the season. But coming off his least productive season in 2006, Bidg has no business leading off for a Major League Baseball team at this point in his career. Although maybe good for the box office, it’s looking as if the Stros are going to be paying dearly on the field as a result of indulging Bidg’s quest for 3,000 hits.