A U.S. District Judge ruled this week that Ken Lay's death in July required erasing his convictions earlier this May of 10 counts of fraud, conspiracy and lying to banks in two separate cases involving Enron. They cited a 2004 ruling from the 5th U.S. Circuit Court of Appeals that found that a defendant's death pending appeal extinguished his entire case because he hadn't had a full opportunity to challenge the conviction and the government shouldn't be able to punish a dead defendant or his estate.

This weeks ruling prevents the government from seeking $43.5 million in ill-gotten gains prosecutors allege Mr. Lay pocketed by participating in Enron's fraud. The government could still pursue those gains in civil court, but they would have to compete with other litigants pursuing Mr. Lay's estate.

"On behalf of his estate, I'm really quite pleased with the ruling and glad this brings to a close the criminal proceeding against Mr. Lay," said Samuel Buffone, the attorney for Lay's estate.

Found guilty... yet not guilty until after all appeals heard.

Mr. Lay was found guilty and if his lawyers wish to continue appealing the judgement then they have every right to do that, but he was found to be guilty and his record should not be erased and the government should not be blocked from seeking monetary damages because he died. The crimes happened!

This decision and others further erode the value of judgements made by juries of our peers. Judges and inane upper court decisions such as the 2004 case, reduce or cancel the decisions made by jurors and set up the dangerous idea of someone isn't guilty until after they have completed the often-times long process of appeal. While I agree that everyone has the right to appeal, in this case and in many others, a jury spoke and the defendant found guilty should be sent to prison and not remain in society until every appeal has been turned down.

Our systems of justice have been watered-down over the last 40 years by an over-abundance of deference to and creation by appeal of non-existing rights in our Constitution for people found guilty. Laws are meant to protect the vast majority who follow them and punish those who do not.