By Nick Patience in Washington
Judge Thomas Penfield Jackson is mightily ticked off that talk of the imminent suspension of the Microsoft antitrust trial has spilled out into the press. At the end of the session on Monday he called the lawyers to the bench and, according to the transcript alerted them to a small item in that day’s Washington Post business section that said Jackson is weighing a lengthy recess next month because of scheduling conflicts. Jackson has a criminal narcotics trial that must be held under the Speedy Trial Act this spring. Jackson noted that the contents of the extremely detailed item did not emanate from our chambers, but said he would not pursue the source of the leak. There’s no word on exactly when the recess will come, but it will definitely start in March, as lead government attorney David Boies has to represent Unisys Corp in a trial that must start in Philadelphia on March 15, which Boies has already put off twice and which the judge there will not permit him to do so again. Jackson assured Boies that he will be able to be meet that deadline and reminded all sides that he wants to be through with the remaining Microsoft witnesses by the end of this month, which means six more witness after Myhrvold – who has not finished yet – and only nine more scheduled days in court this month, as next Monday is a public holiday. The Post item speculated that the break could be anything from two weeks to the whole month of March, while we have heard that the criminal case could take up to eight weeks to complete, which would push the restart into May. Lead Microsoft attorney John Warden told Jackson that they [the press] are asking us all the time [about the recess]. Jackson advised the lawyers to offer no comment and said he had not made his mind up yet other than the fact that you’ll get your vacation. á
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