Well, That’s One Way To Win An Appeal

Enron Corp. founder Kenneth Lay, who was convicted of helping perpetuate one of the most sprawling business frauds in U.S. history, died Wednesday of a heart attack in Colorado. He was 64. . . .

For many years, his corporation was the single biggest contributor to President Bush, who nicknamed him “Kenny Boy.” . . .

Lay was scheduled to be sentenced Oct. 23. He faced decades in prison.

No prison now. In fact, Ken Lay is an innocent man. From the federal court that would have heard Ken Lay’s appeal:

It is well established in this circuit that the death of a criminal defendant pending an appeal of his or her case abates, ab initio, the entire criminal proceeding. That is, the appeal does not just disappear, and the case is not merely dismissed. Instead, everything associated with the case is extinguished, leaving the defendant “as if he had never been indicted or convicted.”

I wonder if our local bedfellows in politico-business corruption have seen this? Given some of their tactics so far, there is no telling what may happen.

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Explore posts in the same categories: Corrupt Politicians, National Politics, Trials

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