Enron / Ken Lay

It seems that Mike Ramsey and that guy he is representing right now have decided to play a rather ballsy card. In a statement to the press Ramsey has volunteered to waive a jury trial. Now I don't even pretend to have the amount of experience or talent that Ramsey does, but I would like to offer some thoughts on this matter.

First of all, I don't know what is happening behind the scenes, but public comments don't mean squeezed, so we'll have to wait and see whether he actually waives the jury. What this could mean is Ramsey doesn't think the Gov't can come up with a case in time to try it, or that they can't come up with a good case. A defendant has a fundamental right to a speedy trial. Klopfer v. N.C., 386 U.S. 213, 223 (1967). If the government doesn't offer that, the defendant gets off. Now before you all start thinking unmentionable thoughts, you should realize that it is very rare for a dismissal based on a right to a speedy trial, and I don't expect it here.

What I do expect, however, is for the government to be pushed into acting before they are ready, or at least to face some pressure. Whether or not they can make a claim for a speedy trial, it will be hard for the government to put off the trial now that they have indicted Lay. The main effect this might have on the defense is to prevent the US attorney from getting one of the other major players to turn on Lay since that could take a lot of time. The other main effect would be forcing separate trials on the three defendants, which by their very nature would change the prosecution strategy, and would really help out the defense. The worst thing this will result in for the defense (that I can see) is a judge trial in six months, the best would be just getting slapped down and being back in the same boat.

This is a risky gambit, but Ramsey is a very good lawyer by any standard, and I expect that he knows what he is doing.

Another interesting note, however, is that law has set aside some money to pay for his defense. While Ramsey denies that it is 15 million, "Obviously it's a large number," Ramsey said



HoustonChronicle.com - Ken Lay is ready, willing and funded for trial:

"'We are ready for trial now. We are ready for a trial with a jury. We are ready for a trial without a jury,' Ramsey said. He said they'd prefer a jury, but if it will slow the case too much, Lay will waive his right to a jury trial and be tried by the judge 'as long as it's speedy.'"