Death and abatement of conviction
While vacationing in Colorado on July 5, 2006, Kenneth Lay died from coronary artery disease. The Pitkin Sheriff’s Department confirmed that officers were called to Lay’s house in Old Snowmass, Colorado, near Aspen at 1:41 AM MDT. He was taken to Aspen Valley Hospital, where he was pronounced dead at 3:11 AM MDT.
Since Lay died prior to exhausting his appeals, his conviction may be considered abated under precedent in the Fifth Circuit Court of Appeals, the Federal appellate court governing the district where Lay was indicted.[10] Civil suits are expected to continue against Lay's estate. However, claimants may not seek punitive damages against a deceased defendant, only compensatory damages. [11]