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The Houston Chronicle caught whiff of an unusual story during the federal fraud and conspiracy trial of ex-Enron executives Ken Lay and Jeff Skilling. During one morning session, the newspaper reported, U.S. District Judge Sim Lake called the lawyers to his bench after the regular break, then announced that because of scheduling problems there would be another short break. The time-out, the Chronicle said, was for Skilling’s lawyer, Daniel Petrocelli, to scrub off his cologne. “Apparently, a juror in the front row found it overwhelming during Petrocelli’s cross-examination of witness Mark Koenig. She felt strongly enough to ask the court for an attorney fragrance correction,” the Chronicle reported. Petrocelli said he would not comment, since the matter involves a juror. “But to be fair: To others, Petrocelli’s cologne, Tabac by L’Artisan, is quite divine,” the newspaper noted. The headline on the story: “Odor in the court.” -From staff reports Never say ‘Never’ Michael Jackson’s ex-wife is having second thoughts about letting the King of Pop raise their two children. And despite the fact that Deborah Rowe Jackson agreed to terminate her parental rights more than four years ago, California’s 2d District Court of Appeal ruled that she can resurrect them. As luck would have it for Deborah, back in 2001 the trial court didn’t do much to probe the best interests of her children, Michael Joseph Jackson Jr. and Paris Michael Katherine Jackson. For that reason, the appeal court concluded that the judgment ending her parental rights is no good. In 2001, when Deborah first asked the court to cut off her parental rights, she filed a declaration saying that she believed leaving the kids in Michael’s exclusive care was in their best interest. Court records show Jackson’s lawyer even asked Deborah if she’d considered the possibility that she might one day read something in the news that would make her question Michael’s parenting. She said she had, but added, “I don’t think he’s capable of being a bad father.” In hindsight, the 2d District remarked that the question appeared prescient. -The Recorder Judicial demeanor U.S. Supreme Court Justice Antonin Scalia has a word for people who believe in a “living Constitution.” That word is “idiot.” In a speech to the Federalist Society, Scalia said the theory holds that the document “has to change with society, like a living organism, or it will become brittle and break. “But you would have to be an idiot to believe that,” he continued. “The Constitution is not a living organism, it is a legal document. It says something and doesn’t say other things.” -Associated Press

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