Risk Management

Swartz Will Testify, but Not Kozlowski

Ex-chairman will not take the stand at the trial of two former Tyco executives.
Stephen TaubFebruary 10, 2004

Former Tyco chief financial officer Mark Swartz is expected to testify today at the trial involving him and his former boss, ex-chairman L. Dennis Kozlowski.

The trial was postponed Monday because Kozlowski injured his ankle and foot on Friday in a fall.

Charles Stillman, the top defense lawyer for Swartz, told Manhattan Supreme Court Judge Michael Obus that his client will take the witness stand today when testimony resumes, according to Reuters.

Stephen Kaufman, the top defense lawyer for Kozlowski, said Swartz will be a “devastating, good witness,” the wire service added. However, he told the court Monday that he may rest his case without calling any witnesses.

“By not testifying [Kozlowski] does not expose himself to his personal life,” Kaufman reportedly said. “I think this jury can have a reasonable doubt.”

Prosecutors rested their case last week following four months of evidence that focused on Kozlowski’s lavish spending. Judge Obus also said last week that he may throw out the charge of enterprise corruption against Kozlowski and Swartz, according to Reuters. Enterprise corruption, one of the most serious charges, is usually reserved for cases involving organized-crime figures.