The Verdict: Tagging The Team

The segment of tonight's episode of The Verdict devoted to the Conrad Black trial discussed how Edward Genson and Eddie Greenspan were working together. Previous to that discussion, though, was an interview with a Canadian lawyer, Don Jack, who represents Jack Boultbee in other capacities, looking after a wrongful-dismissal suit, directed at Hollinger Inc., and an OSC action, in which Mr. Boultbee has been charged. He disclosed that the OSC hearing will commence in November, once the Chicago trial is over.

Csr. Jack also said that Mr. Boultbee is holding up well. But, he’s concerned about Mr. Boultbee getting a fair trial: a “severed” trial would have been preferable, but Mr. Boultbee, or any of the other defendants, never had any real chance of getting the cases split. The prosecution is trying to get evidence in Canada's jurisdiction, through an inspector appointed to Hollinger Inc. under the Canada Business Incorporations Act. The risk to Mr. Boultbee's fair-trial chances exists in the difference between the self-incrimination laws in the two countries. The nub of the matter is, how the Fifth Amendment is typically used, as recommended by U.S. defense lawyers - namely, the custom of interpreting "tend to incriminate" with some latitude. This practice is contrary to Canadian legal customs and practice. To Ms. Todd, the cases against Mr. Kipnis and Mr. Boultbee seem weak relative to the charges pressed against them. When she asked if the prosecution is pressuring them to roll to the detriment of Conrad Black, Csr. Jack didn’t speculate.

The second part looked at the question, how do Csr. Genson and Csr. Greenspan work as a team? The guests brought on to answer were Hugh Totten and Marie Henein. Csr. Totten thought that the personal relationship between the two star lawyers is irrelevant to their court performance; there's no "ego factor" between them. They’re both excellent trial lawyers. Csr. Henein, when asked about Csr. Greenspan's mistakes in court procedure, replied that Csr. Greenspan just needs to get his footing. Csr. Genson, though, does relate to a Chicago jury more easily. Ms. Todd noted that Csr. Greenspan is the more open of the two to "media relations," and asked if Csr. Genson was bothered by that. Csr. Henein herself noted that a Canadian lawyer serving as the "spotlight hog" was ironic. Csr. Totten added that both lawyers faced an already heavily-publicized case, thanks to Mr. Black’s loquaciousness and prolificity. This restricts the defense's case somewhat. Ms. Todd's last question in this segment was, when will David Radler take the stand? Csr. Totten answered, somewhat congenially, that in order to relieve the boredom so far, the prosecution will move Mr. Radler up to an earlier slot than the one originally planned for him.

Ms. Todd's "closing argument" dealt with the likability factor of defendants, and how unlikability can occlude the presumption of innocence, but she related it to one other of the cases that were highlighted on The Verdict tonight.