Former Enron Corp. Chairman Kenneth Lay, who had requested a mid-September trial date was turned down last week, however, the Houston judge presiding over the case will likely decide by early October whether the former Enron chief 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. Lay, Skilling and Causey have pleaded innocent and are free on bail.

“It’s too soon to set this case for trial,” Lake said because the cases are 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.

The Justice Department, in separate court papers last week 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 last week 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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