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WASHINGTON — Former Enron chairman Kenneth Lay pulled out of this week’s scheduled congressional testimony on Sunday, with his lawyer saying that hearings have taken on a “prosecutorial” tone. 

“I have instructed Mr. Lay to withdraw his prior acceptance of your invitation,” Lay attorney Earl Silbert said in letters to the Senate and House panels that were to hear from him Monday. 

“He cannot be expected to participate in a proceeding in which conclusions have been reached before Mr. Lay has been given an opportunity to be heard,” Silbert added. Lay had agreed to appear voluntarily and thus was not obligated to show up. There was no indication whether any of the committees seeking his testimony might subsequently subpoena Lay to appear. In the letters, Silbert cited remarks on Sunday talk shows by various members of Congress suggesting there was rampant criminality at Enron