Tyco’s Ex-CFO Expected to Testify

The defense for former Tyco International Ltd. Chief Executive L. Dennis Kozlowski may rest without calling any witnesses, but his codefendant, former Chief Financial Officer Mark Swartz, is expected to testify, Kozlowski’s lawyer said Monday.

The trial was postponed until today because Kozlowski was undergoing X-rays for possible torn ankle ligaments suffered during a fall over the weekend.

Stephen Kaufman, the lead lawyer for Kozlowski, said outside of court that his team had no intention of calling witnesses and may rest its case today.

However, “it is clear that Swartz will testify,” Kaufman said.

Swartz’s lawyer, who quickly left the Manhattan courthouse, could not be reached.

When asked whether he thought the testimony of Swartz would help both defendants, Kaufman replied, “We don’t know. We’ll listen.”

Asked what would happen if Swartz’s testimony damaged Kozlowski’s case, Kaufman replied, “We get to cross-examine Mr. Swartz as well.”

The judge excused the jurors for the day, telling them Kozlowski had been injured. The lawyer said later that Kozlowski was hurt as he left a restaurant Friday night. On Sunday night, Kozlowski walked half a block and collapsed, then went to a doctor.

Kozlowski, 57, and Swartz, 43, are in the fifth month of a trial on charges of grand larceny, enterprise corruption, state business law violations and falsifying business records.

Defense lawyers say Kozlowski and Swartz earned all the benefits they got from Tyco.

The prosecution rested last week.