Former Enron Corp. Chairman Kenneth Lay will not receive his requested mid-September trial date. However, the Houston judge presiding over the case said he will likely decide by early October whether Lay will be tried with his alleged co-conspirators, ex-CEO Jeffrey Skilling and former chief accountant Richard Causey.

For the first time, both Lay and Skilling appeared in federal court together late Wednesday for a pretrial hearing on their multiple criminal charges. Only their lawyers were required to appear and Causey was not there.

U.S. District Judge Sim Lake asked for arguments on why the three want separate trials, but he refused to hear Lay’s request for an early trial, with or without a jury. Lay is charged with seven criminal counts relating to fraud and conspiracy at Enron and four fraud counts related to his personal finances. Causey and Skilling each face nearly 40 criminal charges on conspiracy, fraud and insider trading.

“It’s too soon to set this case for trial,” Lake said, referring to the cases as extraordinarily complex. “We’re dealing with what could be life sentences here.” Lake noted that the government still needs time to respond to Lay’s early trial request. When Lay’s lawyer Mike Ramsey began arguing that his client was ready for trial, Lake responded, “Why don’t you save the press conference until after this hearing?”

It is not likely that Lake will consider a requested change of venue either. “Just out of curiosity, what district court in this country do you think would be free of any publicity of the demise of Enron?” he asked.

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