The Verdict: When Itemization Become Lurid

Tonight's episode of The Verdict discussed the first surprise that's been advantageous to the prosecution, pending cross-examination. In the only segment of the show devoted to the Conrad Black trial, Ms. Todd had three guests on to discuss George Creasey's testimony about Mr. Black's corporate expenses: Steve Skurka, a show regular who was at the trial earlier today; James Morton, a criminal lawyer in Toronto; and Howard Anglin, an appellate lawyer.

Csr. Skurka began by stating that the surprise factor wasn't a complete one, as there has been talk of the Bora Bora trip already. Now, the full extent of the alleged theft from the shareholders of Hollinger International is becoming evident. He reported that the evidence was presented in a matter-of-fact way at the trial, but noted that Barbara Black's expenditures haven't been testified about, as of yet. So, it is possible that there may be a bit of courtroom demagogy soon. The third guest, Csr. Anglin, said that the expenses were itemized in "vulgar" detail so as to impress the jury.

He also pointed out a comparison to the Dennis Kozlowski trial, noting that Mr. Kozlowski's initially ended with a mistrial, and the re-trial had a jury that was not very swayed by Mr. Kozlowski's wife's even more lavish birthday party, which cost $2 million in total. More germane, if mundane, evidence was decisive in convicting him.

The second guest, Csr. Morton, observed that a Canadian trial would leave far less latitude to the prosecutor to itemize in that way; a total would have sufficed. It's quite evident that the prosecution is trying to paint a picture of an avaricious Conrad Black to the jury. Even though Csr. Skurka pointed out that the jury should know what the money was spent on, Csr. Morton said that it wasn't necessary for a Canadian trial, at least in that much detail.

Near the end of the segment, Ms. Todd raised the question of what the defense will put into the record; she started off by mentioning the standard workaholic defense. She then raised the point, dealt with by Csr. Morton, of whether or not the establishment of board-of-directors' approval for all of these expenditures was sufficient to acquit. Morton said that it wasn't. It does, though, place an additional burden on the prosecution; some kind of hoodwinking has to be shown to have taken place. Csr. Skurka noted that the audit committee members, including a former prosecutor, were no dummies.

That former prosecutor was former Governor James Thompson. None of the three guests brought up a certain Lieutenant-Governor who was elected under then-Gov. Thompson's governorship.

If you're interested, this episode will be available in broadband form as of approx. 11:30 PM tonight. Quite evidently, George Creasey is one prosecution witness that David Radler won't have to "fire."