David Duncan may be the single most important government witness in Arthur Andersen’s obstruction of justice trial, but since he stepped off the stand on May 17, prosecutors have been shoring up their case with documents, e-mails, a videotape and testimony about Andersen partners who refuse to testify. But some of the strongest evidence came on May 22 when the head of Andersen’s fraud investigations group, David Stulb, testified that he had to stop Duncan from throwing away a potentially embarrassing document on Oct. 31, 2001, leading him to believe Duncan needed guidance in document retention.
“He had deer-in-the-headlight type of syndrome, somebody who had not had the type of training nor had not worked with lawyers on a regular basis . . . he just didn’t consider the ramifications,” Stulb testified under questioning by Andrew Weissmann, an assistant U.S. attorney who is a special attorney on the Enron Task Force.
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