Skilling, Day Five: Lace 'em Up

Monday was former Enron chief executive Jeffrey K. Skilling's first day on the stand in the hands of lead government prosecutor Sean Berkowitz. Last week, Skilling spent the week taking questions from his lawyer, Daniel M. Petrocelli, who guided him deftly through the testimony.

Yesterday was different. Skilling was up there all by himself.

If this turns out to be a 15-round prize fight, Berkowitz stung Skilling early with a couple of surprise jabs. Like a good fighter, Berkowitz came in with a plan, but improvised when he saw the other guy drop his hands, reminding Skilling that his sparring-partner dance of last week is over -- but good.

The day was less than two hours old when Skilling attempted to make a joke about California energy regulators. Berkowitz saw an opportunity to make Skilling look unfeeling in making light of the 2001 energy crisis in the state, which left millions in the dark. It was just a quick jab, but Skilling got bloodied for the first time.

Later, Skilling attempted to give a little of the business right back to Berkowitz, but the prosecutor threw up a glove, deflected the blow and counter-punched.

"I sat and listened to your testimony for four days last week and objected very little, and I certainly want to hear your answers, but I don't want to hear speeches," Berkowitz said. "Okay?"

When Skilling tried to talk back to Berkowitz, the prosecutor hit again: "Mr. Skilling, do you understand?" Berkowitz sounded like a cop talking to a guy trying to argue his way out of a speeding ticket.

"Okay," Skilling said, meekly.

Later, when Skilling answered a question and had something else to say, he would tentatively ask, "Do you want to hear the explanation?" Berkowitz rarely let him expound, replying simply, "Mr. Skilling, please answer the question."

This is the situation where honorifics -- "Mister," "Miss" -- and please-and-thank-you courtesies don't sound pleasant at all. When such words are rendered by those in law enforcement -- prosecutors in a courtroom, or deputies on "Cops" describing the shirtless, drunken, handcuffed yahoo in the background as "the gentleman" -- they sound hard and not a little sarcastic.

Toward the end of Monday, Berkowitz engaged in verbal jujitsu with Skilling, just to make a point. Again, it seemed less like Berkowitz planned it than that he took an opening and ran with it, ticking off the names of a number of former Enron employees who have testified against Skilling:

Skilling: "I have a difference of recollection with Mr. Kaminski."
Berkowitz: "Do you have a difference of recollection with Mr. Fastow?"
Skilling: "I very clearly have a difference of recollection with Mr. Fastow."
Berkowitz: "Do you have differences with Ben Glisan?"
Skilling: "I don't know that they're that different."
Berkowitz: "Mr. Koenig?"
Skilling: "Clearly, some differences."
Berkowitz: "Miss Rieker?"
Skilling: "Some."
Berkowitz: "Mr. Delainey?"
Skilling: "Yes, some differences."
Berkowitz: "Mr. Rice?"
Skilling: "Yes."
Berkowitz: "Mr. Hannon?"
Skilling: "Yes."

Skilling had no choice but to answer as he did. To say he agreed with the witnesses that testified against him would have been very bad. Instead, he was forced to essentially respond: I am saying one thing and a whole bunch of people are saying another.

Berkowitz had backed Skilling into a corner. Shortly after, Judge Simeon T. Lake III rang the bell for the day, ending Round One.

By Frank Ahrens |  April 18, 2006; 7:25 AM ET  | Category:  Dispatches
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