Today

Speaking Ill of the Dead

Posted in

When you heard of the death of Ken Lay, did you feel cheated?

Henry Allen of the Washington Post did as he writes in Ken Lay's Last Evasion:

Kenneth Lay of Enron: America hardly knew you before your trial, but learned after your big-hammer jury conviction that you had left countless suckers broke, employees cheated and stockholders betrayed.
---
none of his victims will be able to contemplate .... that he might be spending long nights locked in a cell with a panting tattooed monster named Sumo, a man of strange and constant demands; and long days in the prison laundry or jute mill or license plate factory, gibbering with anguish as fire-eyed psychopaths stare at him for unblinking hours while they sharpen spoons into jailhouse stilettos.
---
so many people may well have responded to the news of Lay's untimely death by feeling cheated, by saying that death wasn't good enough for him, by sensing a frustrated craving for revenge burning in their backbrains like a fire in a tire dump.

Everyone knows the story of Enron, the natural gas pipeline company that became a huge energy and trading conglomerate, ranking #7 among U.S. corporations, until it collapsed into bankruptcy, its finances a web of fraudulent partnerships and schemes.

Ken Lay, the smiling, balding son of Baptist minister, rose to the top of the corporate world, became a charismatic civic and business leader in Houston and a celebrated philanthropist until his lust for legacy was undone by the collapse of Enron,  his curtain of lies to employees, analysts, bankers and federal prosecutors  torn away in a federal courtroom where he was found guilty on multiple counts of wire and securities fraud.

Ken Lay's death of a massive heart attack in Aspen saved him from 25 years in a federal prison and may well have saved him from a criminal record.  Who knew that the death of a criminal defendant before his sentencing voids the criminal case against him?

Do you feel cheated when you learn that Lay's Death Complicates Efforts to Seize Assets. and maybe saved his survivors from  financial ruin?

Or do you feel his death a cautionary tale of hubris as Bill Burton, a Texas lawyer, does as he compared Lay to Icarus , that figure in Greek mythology who flew on wings of feather and wax, higher, ever higher, until he flew too close to the sun and his wings melted and he fell to the sea.

"The Enron and Ken Lay stories are best told in an English literature class, or a classics class where you are trying to explain what hubris is all about."

I must admit I never owned Enron stock and I don't know any Enron employees whose retirement assets went up in smoke along with Enron.   I look on the life and death of Ken Lay as a cautionary tale of hubris, self-delusion and karma, yet, I still can feel sympathy for his wife and children who've lost someone they loved.   Was the stress of the prolonged trial and the strain of his guilt too much too bear?  Did he suddenly lose the will to live?  I think so.   

Peggy Noonan says it was a broken heart, a death through sadness.

Is this Shakespearian in the sense of being towering and tragic? I don't know. I think it's primal and human. And I think if we were more regularly conscious of the fact that death through sadness happens we'd be better to each other. I'm thinking here of a friend who reflected one day years ago, I cannot recall why, on how hard people are on each other, how we're all complicated little pirates and more sensitive, more breakable, than we know.

He said--I paraphrase--"It's a dangerous thing to deliberately try to hurt someone because it's not possible to calibrate exactly how much hurt you're doing. You can't know in advance the extent of the damage. A snub can leave a wound that lasts a lifetime, a bop on the head with a two-by-four will be laughed off. One must be careful. We'll always hurt others by accident or in a passion but we mustn't do it with deliberation."

We are human beings, and to each other we are not fully knowable. There's a lot of mystery in life. The life force can leave before we even know it's withdrawing.

The variety of people’s reactions to his death reveals more about more about the people who have them than about the complicated being that was Ken Lay.  Because we are not fully knowable to anyone but God, there is great wisdom in not speaking ill of the dead.  Which is not to say that we don't talk about what they have done or not done, but that in speaking ill, we reveal more about our hearts than theirs.

FrankBinetti's picture
Jill, your thoughts and various mentions by others of Ken Lay were quite interesting. I can feel sympathy for his family, he was not the raping and murdering monster Sadaam was. I did not suffer as a result of Lay's lies, however I feel more sympathy for those who did. Those whose lives will never be the same because of this one man's greed. I also feel there was a great injustice in that once convicted he was still allowed to vacation in Aspen. I think to compare him to Icarus in any way gives him way to much humanity and excuse. I examine my behavior from time to time, I accept responsibility for my actions. No one will ever speak of me and my life as one of greatness but to know I have not harmed othes gives me great happiness. Did Ken lay exam his life as he lied and caused harm? Did he consider his family, workers and investors? He may have been the son of a minister but he learned nothing from his father, he might as well have been the son of a criminal because that is what he was. In Shapespere's Julius Caesar he wrote something along the lines of " the evil men do lives on the good is oft buried with them, interred with their bones". Ken Lay is at rest but the harm he did to others will go on. I don't know if that is speaking ill of the dead or speaking honestly of this one man?
FrankBinetti's picture
Jill, as you can tell by the frequency of my replies I'm not exactly busy at my end. I thoroughly enjoy the intelligent back and forth and stimulating topics. My wife's sort of busy with her parents who are ill and my daughters are either off in there own direction or clinging to Mom, so it's just me and my little dog at home for hours at a time and he's not much for conversation. I can't stand people who hide behind a keyboard and curse, insult or threaten others. I imagine myself speaking to the other person or persons face to face. I will read the articles and links you mentioned. I have not been to a church (Catholic) service in many years .The last sermons which included wives obeying their husbands and those who divorce as evil were too much for me to endure. My wife and daughters still attend services but I think women deserve to hold every position of power in the church and to not do so holds them in lower regard in the minds of some men. I say this because I have hope for the future, hope that fewer women and children will suffer the brutality of men. Progress is slow and in underdeveloped countries the problem is much worse. I saved an article that had to do with a Pakistani woman who wanted to address the U.N., her brother had been convicted of a crime by tribal elders and the punishment was to have his sister gang raped! She was denied the opportunity to speak but that kind of thing along with the horror in the Africa makes me hope and pray for the advancement of mankind for the sake of mankind. It's late and I've probably gotten way off topic here so I'll say goodnight and check out those sites tomorrow. Thanks again.
JillFallon's picture
Frank I don't take offense at all. You take the time to explain what you mean AND you don't use profanity or ad hominem attacks. You also challenge me to think more deeply about what I mean. I don't feel sympathy for Ken Lay since he's dead. I do feel sympathy for his family and children because they have lost someone they loved. I'm intrigued by the story of his life because he was, by all accounts, a leader and a visionary, and enjoying the life at the top and no doubt became hooked on it, and to keep it going, succumbed to tempation to lie and cheat and steal to stay on top. Pride I suppose. The arc of Ken Lay's life is described in his obituary in the Houston Chronicle which you should read, if only to learn about what else he did before his fall. http://www.chron.com/disp/story.mpl/deaths/4027260.html "Kenneth Lee Lay was born into poverty and died in disgrace, but in between he acquired more and climbed higher than any son of a Missouri country preacher could have expected." That Lay climbed so high and fell so far is what first brought the Icarus reference to my mind. As for the legal/justice system, it will never be perfect. We will never have a perfect society because people are imperfect. People will be murdered, women raped, and children abused from now until the end of time. Since we believe in the presumption of innocence, many guilty will go free. Those who are convicted, in this country at least, have long prison terms. Those who do harm are eventually put away for a long time. Hard as it is to believe, crime in the United States has been falling for years as prisons have filled up. The criminals are being taken off the streets. Where crime is rising dramatically fast is Europe. Murder and manslaughter in the US 5.5 per 100,000 inhabitants, down 2.4% from 2003. Murder and manslaughter in Belgium is 9.1 per 100,000 inhabitants, up 11.12% since 2003. http://www.brusselsjournal.com/node/1156 Take a read of Theodore Dalyrmple's piece in City Journal about the situation in Britain. http://www.city-journal.org/html/16_2_oh_to_be.html What we do that the Europeans don't - allow citizens to have guns, give long sentences and build prisons to keep criminals in prison. England is now the most violent developed country, yet policemen have been instructed NOT to charge for some 60 crimes from burglary and arson to sex with underaged girls unless they are racist or homophobic. No fine, no appearance in court even because their jails are overcrowded. At the same time, one crime for which you will be prosecuted using a weapon for self defense. http://online.wsj.com/article/SB115049820183382878-search.html?KEYWORDS=...
FrankBinetti's picture
Jill, I hope you are not taking my comments as an insult to you because of your spin on Lay and the mention of Icarus and respect for the dead. I do feel very strongly about holding people responsible for their actions and I don't see their death as an escape from justice. I accept that I may not be educated enough to draw the same comparison to Icarus that you have for Lay. I don't see Lay's actions as flying high beyond the scope of mortal man to a place held for the gods, I see him as a criminal who hurt people plain and simple. I can appreciate your desire for common decency for this man at the hour of his death, it shows you are a decent and thoughtful person. Does a man who has done such harm deserve such decency? That might be the better question here. I can separate compassion for his family and my frustration with his bad deeds and lack of atonement. I can agree with you in part if you meant to say Lay's plight gives us reflection on our own inner struggles but I do not believe Lay the man himself reflected on more than getting caught and having to pay for his crime which dying in Aspen did not achieve. Jill. I am not alone in my frustration and dissatisfaction with crime and punishment in our country. I know if I was an innocent man wrongly accused and imprisoned I would beg and cry for justice and I know there are innocent men and women behind bars. The system is flawed in many ways but defending the accused has become a finely honed skill, the costs of prosecuting and housing those convicted is also a problem. You must know the specifics better than most, so what do you suggest to protect children from repeat sex offenders, women from sex crimes and the rest of the general public from not only violent criminals but those criminals who cheat and steal from us including the aged? Must things remain the same for fear becoming a cruel kind of police state where we lose our rights, or can we improve upon our criminal justice system to better protect society? Are we at greater risk of losing our humanity and humility by daming a man like Lay at the time of his death or by accepting his actions as typical of human nature and imperfections of man in general? I don't want to sound like the hard nose kill'em all and let God separate the rest guy but Lay does not have my sympathy. I am capable of forgiveness, sympathy, compassion and many other caring heartfelt emotions but I need to believe the object of those emotions is deserving. I appreciate your insight into this issue it was deserving of our time.
JillFallon's picture
Frank Speaking not just as a lawyer who believes in the rule of law, I was gratified that Ken Lay was charged with criminal offenses. I didn't follow the case much because I expected he would be found guilty. I accept the judgment of the court. I am mystified as to why you think the high flying Lay can not be compared to a Greek myth. What are myths for if not to open our eyes to the psychic perils of life's journey. No where have I held Lay blameless for this actions and misdeeds. Of course, we judge and people by their actions. I never said we shouldn't. But we shouldn't ignore good actions in our lust to condemn the bad. All I wanted was some common decency at the occasion of his death, some inclination of humility, in reflecting on his mortality to reflect on our own. Albeit, on a larger scale Lay reflected our own inner struggles between our baser and higher selves. If you are not happy with our justice system, flawed as it is, what would you propose in its place?
JillFallon's picture
Frank I don't know where you got the idea Icarus was human, but Ken Lay certainly was. I didn't mean "humanity" in the sense of being humane, but as exhibiting a quality or condition of being a human being. I find myself in the curious position of defending Ken Lay even as I deplore what he did and the financial and emotional suffering his actions as founder of Enron caused to employees and shareholders. I can't gainsay what you say. Plenty of people have strong opinions on what they knew of Lay's life. Strong judgments like you do for the pain and suffering he caused. But, there's always that but. We don't know all, we can't know all. I just shrink from any conclusionary judgment about the whole of his life. There's no humility there and no balance to what good he did, and he did do a lot of good. When I wrote this piece, I was frankly shocked at the vitriol of people who wanted him to undergo excruciating suffering, others wanted to desecrate the body. I wondered at the depth of hatred and vitriol of some, not you, who felt they were 'cheated' because they couldn't have the pleasure of seeing him suffer more.
hettiemae's picture
FrankBinetti, I agree wholeheartedly with you. Lay is not mythological. He was just a two-bit con man. He was common as dirt. I think the same way about the Bush family. There is nothing "cultured" or fine about any on them. Just plain, old ordinary crooks.
FrankBinetti's picture
Jill, allow me to further explain my thoughts. The story of Icarus involves a father and son and their mythological journey of flight and failure. I refuse to accept that ken lay deserves any comparison to such a classic story. Ken Lay's deeds were the product of extreme greed and disregard for others in our modern world. I believe that disqualifies him from the frailties of human kind when I used the word "humanity". The thought of humane never entered my mind in connection with Lay and his actions. I don't know his full life's history, I am not aware of his great deeds but the final entry in the book of his life is one of great shame and damage to others who could ill afford his lapse in good judgement. You are free to remember his good deeds as you will and ignore his bad ones. You have that luxury because his bad deeds did not harm you and your loved ones. Jill, I accept the court's findings of guilt and since we live in a society of laws that means he was responsible for wrong doing. What exactly is your opinion regarding right and wrong for what he did and do you believe he deserved any punishment? Do you hold all those who lost and suffered because of Lay's deceit solely responsible for their decisions and hold him blameless because of some past good deeds? I have no problem judging my fellow man, I hold myself and others to the laws of the land and my own personal moral code of conduct. Would you feel better if we did not sit in judgement of those who wrong us for fear of being harsh? Frankly, I am shocked people did not try to harm him while he was alive given the level of damage he caused. Maybe Aspen was too far for some to travel to seek revenge? How dam insulting when I think of it, entire life's savings gone, families ruined and this bastard is living it up in Aspen. Jill, be shocked that we as a society accept the crooks like Lay, the rapists, pedophiles, murderers and others who steal from us, hurt our loved ones and take lives while we put our faith in the legal system to bring us justice. While I do not hate him Ken Lay is not an example of the kind of human I hope we are evolving into but rather putting into extinction. That's about as kind as I can be in speaking of this dead man.
pat's picture
jill, you viewed the body?
william j mcgraw's picture
I agree with Frank Binetti's comments... Ken Lay was evil and deserved to suffer on earth, in prison, much longer than he did..The world would also be a much better place if his friends in high places, in washington, joined him... Gready, misguided people are not only ruining this country, but are destroying the world as well..
JillFallon's picture
Pat, No, I haven't viewed the body. I trust the coroner and the medical examiner who, after the post-mortem examination, said Lay had severe coronary heart disease, there was evidence he had had a heart attack before, and there was no evidence of foul play. I have no reasons to doubt these official reports. I suspect that those that do feel "cheated"
pat's picture
jim. south america is a good guess, but having just returned from there that might be too close to hell for ken lay. and my guess is a wax figure in the casket and big pay-offs to those in the medical proffession.
Alice's picture
Jill & Frank...very interesting banter, but if Ken Lay died before he became CEO of Enron, humankind would've been one up. This society calls other offenders low-lifes, especially when they are from a lesser educated or medicore gene pool and this man and all the other CEO's who manipulated and cajoled others with their schemes in order to feed their greed, causing havoc and disenchanment in the lives of the innocents who worked or invested for a mere pittance of what they skimmed off the top, deserve to be punished to the full extent of the law. I also believe those who were offended or abused by others in life, have the right to condemn them after their demise for the ill they bestowed upon them.
FrankBinetti's picture
Jill, Icarus was certainly human and given to all the frailties while Lay was not the same kind of ignorant victim. I don't see Lay as a generous do gooder, I see him as a man of great power and wealth who surrounded himself with powerful allies. I do judge a man by his deeds or actions so I determine that his selfish,self serving, deceitful behavior speaks volumes of what he did not learn from his father or did not apply. I conclude from his actions that his life was not closely self examined in terms of caring for others including his family. Jill, I often hear people say they are not judgemental of others as if it is either truthful or worthy of praise. I judge everyone and everything as part of my thinking process and moral code, I'm not saying my conclusions of others are absolutely right but are we to allow what may be misconduct by others for fear of judging them harshly? Yes, the final judgement may be in God's hands but here on earth we deserve to sit in judgement of our fellow man. We hold eachother to a code of conduct and behavior that combines the laws of the land with our inner sense of right and wrong. I hold Lay responsible for his wrong doing in my somewhat limited mind. I don't see him as a simple man over his head and while that may see unkind on my part it is how I think given the information I have. I think I'm kind of liberal in my thinking but that does not mean I give up my right to judge the actions of others. I like to think I am accepting of the choices of others, for example when it comes to sexual preference I used to say whatever gives someone else pleasure is their business. I still believe that to some degree, but I've concluded there are limits to my liberal thoughts. I don't believe it is the right of an adult to have sex with a minor, someone who is not mentally or physically able to give consent. Jill, it is good to be reluctant to judge others for fear of being wrong but unfortunately it is necessary to jugdge the deeds of others to ensure a safe and free society for all. Could I be so wrong about Ken Lay? Yes, he may be the victim of some undiagnosed mental disorder and not be responsible for his actions. He may have had some extended plan to do good that went haywire, I only know what I know. He lived in mansions, had many homes, was convicted, died while vacationing in Aspen, ruined the lives of many. Ruining lives while not joining the group, ruining the lives of people you lied to while you profitted makes you evil in my mind. Sorry I'm not forgiving enough but I just don't see the humanity of such a man. The evil he did lives on and any good he had died with him.
MJ Nelson's picture
Ken Lay will not be at rest in the spirit world.
pat's picture
he may well be resting in switzerland with a new face. anything is possible with lots of money and friends in high places!!
JillFallon's picture
Thanks Frank for your comment but I don't get what you mean about the reference to Icarus giving Lay too much humanity. Wasn't he fully human? What I find so interesting is that he played out of a very large scale one of the central human stories. The reason why the Icarus myth has such power is that any one of us, me included, would face and do face the temptation of what we call hubris. He was a self-made man, an Horatio Alger, whose generosity and brillance was known and celebrated. From there to believing the publicity about his visionary new business to either not paying attention or to participating in setting up fictious companies and dizzyingly complex arrangements to produce fake revenues to keep the house of cards from tumbling down. We will never know what he learned from his father or how he examined his life and whether he came to terms with it. As a religious and God-fearing man. Much as I deplore what happened to the shareholders of Exxon, I thinks it a bit harsh to call him evil. The line between speaking ill of the dead and speaking honestly about what we know is very vague. I know I fall over it when I read of particulary gruesome killings, especially of children, and even more so when the murderer glories in the killing. But the older I get, the more reluctant I am to make final judgments because, in the end, I don't know anyone's heart. I'll leave the final judgment to God.
jim's picture
finished reading gail brewer-giorgio's book 'is elvis alive'. of course he is. they faked his death. one wonders if ken had a double and did the elvis thing. pat i think you are physic but i would guess south america. blessings all.
JillFallon's picture
Pat, "Anything is possible with lots of money and friends in high places" Except survive a massive heart attack
JillFallon's picture
MJ How do you know?
Ads by Google