Many of the records were introduced during the questioning of David Duncan, Andersen’s former lead Enron auditor. The exhibits include memos about Enron’s disastrous off-the-book partnerships and Duncan’s complete personal file on the allegations of whistle-blower Sherron Watkins. So just what did they shred? “Extraneous junk,” lead Andersen attorney Rusty Hardin told NEWSWEEK. Duncan testified that he destroyed only a stack of desk files and old e-mails; then Hardin showed the jury 21 boxes of Enron files Duncan saved. That stack, plus Duncan’s testimony that he didn’t believe he had done anything wrong until months later, after meeting with federal prosecutors, seemed to shred the government’s case.
But prosecutor Andrew Weissman got Duncan to reiterate that he pleaded guilty because he realized (however belatedly) that he ordered the destruction of documents in part to thwart a Securities and Exchange Commission investigation. If jurors believe him, they can convict the firm just on account of Duncan’s actions. Prosecutors also are expected to show jurors an Andersen training video in which a partner mentions how to handle government subpoenas.
The jury has seemed to struggle to pay attention during often dry testimony. The folksy Hardin tries to show that he shares their feelings, asking witnesses such questions as “Is that a word in the English language?” But perhaps nothing has kept the jury alert more than the obvious tension between the attorneys and even between Hardin and Judge Melinda Harmon. When Harmon called the attorneys to the bench for yet another sidebar conference last week, Hardin pleaded, “Judge, please, I beg you. I don’t want to come up. Nothing good happens up there.”
