Former Enron Corp. CEO Jeffrey Skilling asked a Houston judge this week to allow him to remain free on bond while he appeals his conviction on 19 criminal charges (see Daily GPI, May 26). Skilling is scheduled to be sentenced on Oct. 23.

Skilling likely faces 20-30 years in federal prison when he is sentenced in federal court by U.S. District Judge Sim Lake. Under federal sentencing guidelines, Skilling will have to serve at least 85% of his sentence.

According to the court filing (Case No. H-04-25), Skilling is “not a flight risk or a threat to the community,” and “self-surrender is extremely common in white-collar cases…” The filing noted, “Allowing Skilling to self-report will spare him from an overly harsh security classification in prison, prevent him from having to wind his way through the prison system before finally being assigned to a facility, and allow him to spend the holidays with his family before serving an extended prison sentence.”

The filing requested Skilling be allowed to surrender to the Bureau of Prisons on Jan. 2, or no earlier than Nov. 27.

Allowing a person convicted on criminal counts to remain free pending an appeal requires Skilling’s lawyers to demonstrate that “substantial issues” likely will result in a reversal of the conviction. The court filing signaled three issues will be the focus of Skilling’s appeal: alleged bias because the trial was held in Houston, where Enron is based; discovery and witness access issues related to the defense not being able to convince some former Enron executives to testify for Skilling; and a jury instruction that allowed jurors to consider whether Skilling knowingly turned a blind eye to criminal activity at Enron.

Earlier this month, Skilling paid a $385 fine to resolve a misdemeanor public-intoxication charge following his arrest around 1:45 a.m. Sept. 9 in Dallas. Skilling was briefly detained in a Dallas city jail and ticketed. He pleaded guilty to the Class C misdemeanor charge and did not make a court appearance. Skilling’s arrest did not violate his $5 million bond, but he was ordered to increase his visits with alcohol treatment and mental health counselors.

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