Court Vacates Ken Lay's Conviction
Posted on Tue Oct 17, 2006 at 04:59:24 PM EST
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The federal judge in Ken Lay's Enron trial has vacated his conviction. Charges against him were dismissed.
In his decision, Lake cited a decision in the 5th Circuit Court of Appeals that makes death, before the appeals process has been exhausted, grounds for throwing out a conviction and dismissing an indictment.
Although the Justice Department tried to get Congress to trump the precedent by passing a law, no member of Congress voted for it.
The Department of Justice tried to trump that precedent, however, when it asked Congress in early September to pass a law that would essentially prevent courts from vacating criminal convictions if a defendant dies before going through the entire appeals process....The proposed law does not appear to have been picked up a sponsor in Congress.
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