Interesting Strategy

In his opening argument, Skilling lawyer Daniel Petrocelli has promised the jury that Skilling will testify. In most criminal cases, the defense will not make any definitive statements about whether the defendant will testify -- assuming it is even a realistic option for the defendant to do so, which it usually is not (e.g., O.J. Simpson). You normally want to see how the prosecution's case goes before making that decision. Lay's lawyer likely will take the same tack. I am sure they think they have little choice. The bottom line is that, regardless of the evidence the government puts on, if the jury believes Skilling and Lay, they walk.