U.S. District Judge Sim Lake is following his plan to give jurors an "Ostrich Instruction" for both Ken Lay and Jeffrey Skilling when he charges the jury before closing arguments.  A New York Times article (here) discusses the controversy over the judge’s decision, and quotes co-blogger Ellen Podgor questioning whether the instruction in appropriate given the government’s theory of the case.  It is also a fair question whether the instruction should be given for both defendants because of their different roles at Enron.  Nevertheless, Judge Lake is pushing ahead, so if there is a conviction in the case, this will be a prime issue on appeal. (ph)