Skilling wants to use Fastow'a notes as part of appeal.

Kristen Hays of the Houston Chronicle's article, Skilling Seeks to Use Fastow Notes As Part of Appeal and Tom Kirkendall's Houston ClearThinkers (here) discuss the recent happenings in the Skilling appeal. If it is shown that the government failed to disclose exculpatory material to the defense in the Skilling case, it could prove enormously detrimental to the government's ability to have the conviction affirmed on appeal. Because Andrew Fastow played a crucial role in the government's case, items within the government's possession that they may have failed to provide to defense counsel may send this case in a whole new direction. The question remains as to whether the Fastow Notes will be the card that causes the house of cards (this time the government prosecution of Enron cases) to start falling.

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