In what would be a highly unusual event, one of L. Dennis Kozlowski’s lawyers could find himself testifying in the retrial of the former chief executive of Tyco International Ltd., his lawyers said Wednesday.
Stephen E. Kaufman, Kozlowski’s lead attorney, could be forced to take the stand if David Boies, a prominent lawyer who conducted an internal investigation for the company’s board of directors in 2002, is allowed to testify about Kozlowski’s departure from the company, Austin V. Campriello, another of Kozlowski’s lawyers, told New York State Supreme Court Justice Michael J. Obus on Wednesday.
Campriello told the court that the defense expects to dispute Boies’ description of an agreement in which Kozlowski resigned from Tyco in June 2002. Kaufman negotiated for Kozlowski.
