Nov. 21, 2006, 12:11AM
Prosecutors drop Lay appeal
Government withdraws notice to challenge ruling clearing record
By KRISTEN HAYS
Copyright 2006 Houston Chronicle
Federal prosecutors on Monday had this to say about their intent to challenge a judge's decision to wipe out former Enron Chairman Ken Lay's convictions: Never mind.
Last week the Justice Department filed notice it would appeal U.S. District Judge Sim Lake's October decision to clear Lay's name. That filing came the same day two senators introduced a bill to allow crime victims to seek restitution when a convicted defendant dies before exhausting appeals.
Lake had based his ruling on precedent set by the 5th U.S. Circuit Court of Appeals — the same court that would have heard a challenge. But prosecutors filed court papers Monday that said the government would withdraw its appeal notice.
Monday's filing explained that last week's action came as the deadline for filing notice of appeal was about to expire.
Even though the Justice Department acknowledged helping draft the proposed legislation, prosecutors said in Monday's filing that last week's move was "protective" to ensure they met the deadline and could then review the bill to determine if it could help support an appeal.
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