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To: Jim Willie CB who wrote (73617)12/12/2006 7:12:24 PM
From: stockman_scott  Respond to of 89467
 
Court Denies Skilling's Bail Request
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By THE ASSOCIATED PRESS
Published: December 12, 2006
Filed at 6:36 p.m. ET

HOUSTON (AP) -- A federal appellate court denied former Enron Chief Executive Officer Jeffrey Skilling's request to remain free during his appeal Tuesday and ordered him imprisoned immediately.

Judge Patrick Higginbotham of the 5th U.S. Circuit Court of Appeals wrote in his two-page order that ''Skilling raises no substantial question that is likely to result in the reversal of his convictions on all of the charged counts.''

As a result, Higginbotham denied Skilling's request for bail pending his appeal and vacated an earlier order staying his prison report date.

Skilling is now required to report to a low-security federal prison in Waseca, Minn., to begin serving his 24-year sentence on 19 counts of conspiracy, fraud and insider trading. He originally was to report to prison Tuesday.

Although Higginbotham's order notes ''serious frailties'' in Skilling's convictions, it says those problems fail to raise a ''substantial question'' likely to result in the overturning of all Skilling's convictions, as would be required to grant bail during appeal.

Skilling, 53, is expected to argue on appeal that his trial should have been moved from Houston to avoid negative publicity and that many witnesses who could have supported his defense were intimidated by the government's refusal to grant them immunity and feared risking prosecution if they testified.

Skilling was convicted in May after a lengthy trial. U.S. District Judge Sim Lake sentenced him to 24 years and four months in prison. Lake later denied Skilling's request to remain free on bond.

nytimes.com