I believe the judge, as an umpire, at some level has to be concerned with the integrity of the process.
He is likable. He is grandfatherly. He's everybody's papa and he has the ability to show outrage without showing outrage.
He's got to open it himself; the government can't kick it in.
I would say Ken Lay has been grilled by his own lawyers to avoid opening the door.
I think this was a man perceived as being the grandfatherly figure who wound up becoming Richard Nixon on a bad day.
I've never seen the transformation of a witness from grandfather to Richard Nixon in a day.
This is a case that turns on credibility.
This is the performance of his life. If he does not hit his mark on the first take and get the jury to look past what they saw in the first half of the trial, he is going to spend the rest of his life as a ward of the federal government.
It looks bad. It's only witness tampering if you attempt to impact their testimony. But he's come within a coat of paint of doing that.
These twelve people who decide guilt or innocence are not legal scholars. The only law they take into the jury room is the law Judge Lake gives them.
In a situation like this, the prosecution is now going to have to get its checkbook out and pay some other hired gun to come in and say that Andrea Yates was not insane at the time she committed these events.