Posted on 11/17/2003 9:44:58 AM PST by SolidSupplySide
A plea bargain appears to have fallen through for Lea Fastow, the wife of ex-Enron Chief Financial Officer Andrew Fastow.
Plea bargain negotiations between Lea Fastow and the government broke down last week. Friday U.S. District Judge David Hittner got the case back on track by ruling that her February trial will not be moved from Houston and attorneys will not be allowed to individually question all potential jurors, as the defense had requested.
In the last few weeks Lea Fastow's lawyers have been negotiating with prosecutors about a possible five-month prison term for her but it appears that deal either fell through permanently or will at least not be consummated immediately.
Lea Fastow , a 41-year-old former assistant treasurer at Enron, is charged with six criminal counts, including conspiracy to commit wire fraud, money laundering and four counts of making false tax returns. She has previously pleaded not guilty to all counts.
"The Court determines that Mrs. Fastow has not satisfied her burden of demonstrating pretrial publicity so inflammatory that it establishes a presumption of prejudice, " Hittner wrote. "Issues regarding the media coverage of her case and possible community prejudice can be dealt with during jury selection -- both with the juror questionnaire and voir dire (questioning jurors orally)."
The judge found that the government did not violate any rules in discussing the case at the time of her April 30 indictment. And Hittner ruled that since many prejudiced potential jurors can be screened out by written questionnaire, he will not grant individual questioning of the panel by attorneys. The judge will allow questioning of certain prospective jurors if necessary.
Hittner also said he will admonish the jury to avoid media coverage during the trial and order "further safeguards as necessary."
A family friend said Lea Fastow was considering pleading guilty and forgoing a chance to tell her side to a jury because it would be better for her two small children and could ensure they would not be without a parent at home. "It's a matter of willing to risk less when it's for her children than she would risk if it were just for herself," the friend said.
Her trial is scheduled for February 10, 2004 but if she were to accept a plea bargain of five months in prison and be immediately incarcerated, she could be home to take care of their children around the time her husband's trial begins April 20, 2004.
Andrew Fastow , who has pleaded not guilty to nearly 100 charges, has asked that his trial be moved out of state because of the prejudice of the jury pool in Texas and especially in Houston.
It is customary in all but the most heinous death penalty cases for prosecutors and defense attorneys to see if there is common ground for a plea arrangement.
Neither her lead attorney Mike DeGeurin, nor prosecutors would comment on the plea bargain negotiations.
Not have a parent at home? What would happen to Andy? Is this an admission that Andrew Fastow is likely to go to the big house? We can hope so. Andrew Fastow is ground zero in the Enron corruption. I just wish his wife would turn on him.
I agree -- and I think Kenneth Lay is far more of an open question, i.e., he may have been sufficiently 'out of the loop' regarding the Fastow machinations so as to be merely negligent, but not criminally liable.
Take their ill-gotten gains to compensate the victims *and* throw them in jail. That would be justice.
If future earnings are confiscated, there would be no incentive for the Fastows to earn anything in the future.
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