A Houston judge may decide Wednesday whether to allow former Enron Corp. Chairman Kenneth Lay to have a separate trial from his alleged co-conspirators, former CEO Jeffrey Skilling and former Chief Accounting Officer Richard Causey. Lay’s attorney, who made the request on Monday, also requested that the trial, whether before a jury or not, begin by mid-September.

Attorney Mike Ramsey filed the motion in downtown Houston asking U.S. District Judge Sim Lake to separate Lay’s trial and asked for it to begin by mid-September. Ramsey said his client wants the trial completed before the November elections. Lay pleaded innocent in July to 11 criminal charges in connection with his actions at the failed company that he founded (see Daily GPI, July 9). If he is found guilty on all counts, Lay faces 175 years in prison. He also faces civil charges that were filed by the Securities and Exchange Commission.

“We are ready for trial now,” Ramsey said. “We are ready for a trial with a jury,” but he added that Lay would waive his right to a jury trial if it would speed the process. “My client is innocent and he has suffered enough.”

The Justice Department, in separate court papers, requested that all three defendants be tried together in March 2005. The date would give Skilling and Causey several more months to prepare “while not unduly delaying Lay’s trial.” Prosecutors noted that Lay has a “formidable war chest,” worth $15 million that was transferred to a legal defense fund about eight weeks before his indictment. Skilling, charged with 35 criminal counts, has nearly $23 million in his legal defense fund.

Causey on Monday requested a March 2006 trial date. Skilling has also proposed a March 2006 date, but noted that setting any date at this time may be premature.

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