Monday, May 14, 2007

Eddie Greenspan's cross examination: the final day

A report by CBC's Havard Gould, aired on CBC Newsworld as of about 10:15 AM ET, contained statements by Eddie Greenspan made while entering the courtroom. Csr. Greenspan confirmed that he will be finished with his cross-examination of David Radler sometime today, but he brushed aside questions about whether or not Conrad Black will take the stand. He also refused to comment on how well the trial was going for the defense.

CTV NewsNet's broadcast, as of 10:30 AM, contains another report from Steve Skurka. He disclosed that the prosecution has stated that they may may rest in two weeks. Csr. Skurka noted that today will determine whether or not Conrad Black will take the stand. As of the beginning of the trial today, Csr. Greenspan has been jumping on a "glaring inconsistency" in Mr. Radler's direct testimony. He also pointed out that the jury is attentive and is acting undecided. Csr. Skurka also observed that Mr. Radler's successful attempt to stop Csr. Greenspan's momentum was evidently part of the coaching of him. (Another attempt to live up to the "helpful" criterion of his plea agreement, to put it one way.)

In a report aired on CBC Newsworld at about 10:45 AM ET, Mr. Gould confirmed that Mr. Radler was caught out on an inconsistency in his testimony. On Wednesday, he testified that had read a document, and on Thursday he had testified that he hadn't. When asked by Csr. Greenspan if he had lied, Mr. Radler responded that he was confused. Mr. Gould made the point that this inconsistency, in and of itself, isn't pivotal. He also added that Csr. Greenspan asked, after the pounced just mentioned, if Mr. Radler had any documents that back up his testimony regarding the alleged scheme; Mr. Radler answered no. Right after, Csr. Greenspan made the point in the trial that it's David Radler's word versus Conrad Black's.

Havard Gould updated his previous report on a Newsworld broadcast at 11:10 ET, with the aid of a BlackBerry. Mr. Gould reinforced that Mr. Radler was caught out on a "minor matter." Csr. Greenspan is "hammering away" at the lack of documentation for the alleged scheme. He had just said to Mr. Radler: "Your word is the word of a liar." Mr. Radler had responded by insisting that he hasn't lied to the jury; his lies were all previous ones. He was rattled at that inconsistency that Csr. Greenspan had brought it up, but he subsequently recovered his composure. Csr. Greenspan keeps using the word "liar." (Perjury has not been brought up, but the two are dancing around it.)

A Canadian Press report covering the same events has been webbed by Canadian Business. It starts off with: "Conrad Black's laywer says jurors have nothing but the word of a 'self-confessed liar' linking the former press baron to any alleged fraud...."

According to CTV News's David Akin, as broadcast on CTV NewsNet at noon ET, Csr. Greenspan's attack hasn't changed the course of his cross-examination that much. As of mid-morning, Chicago time, the cross was focusing upon Horizon Publishing: specifically, upon Mr. Radler having majority control of it. Since the sale to Horizon has been noted as the most egregious example of self-dealing, this fact backs up the defense case that Radler acted on his own with regard to any illegality and thus there was no scheme. Conrad Black is "stone-faced," and has hardly looked at Mr. Radler, who doesn't look at Mr. Black either. Mr. Radler will soon face cross-examination from the lawyers for the other three defendants.

Mr. Gould's latest report, broadcast on Newsworld as of 12:12 PM ET, disclosed that the document that Mr. Radler stumbled upon was a committee report. Also, as of late morning Chicago time, there was a sidebar. Possibly, what's being discussed is a question of whether or not a certain document can be admitted into evidence by the defense. (The media isn't allowed into sidebars, so Mr. Gould has no definite facts on it, as of yet.)

Paul Waldie's report on today's events, webbed by the Globe and Mail, relates that Csr. Greenspan has come close to calling Mr. Radler a perjuror, and Mr. Radler himself has veered towards invoking the Fifth Amendment.

A 1:05 PM update on CBC Newsworld had Havard Gould reporting that Csr. Greenspan was finished his cross-examination. According to Mr. Gould, the consensus of observers was that there was no knock-out blow. When Eddie Greespan said "'you just lied' [on the stand]" to Mr. Radler, the prosecution objected, and that objection was sustained. Also, Csr. Greenspan was making the point that, in Mr. Gould's words, Mr. Radler seemed to be "operating behind Conrad Black's back" during the time of the alleged scheme. At the end of his cross-examination, Csr. Greenspan walked through the plea agreement, and pointed out that Mr. Radler could serve as little as six months in a Canadian jail. Radler claimed he didn't know that. Csr. Greenspan then wisecracked that he should send a bill to Mr. Radler for that information.

[Mr. Gould also disclosed that the document which caught out Mr. Radler was a report of a subcommittee.]

On CTV NewsNet's 1:30 PM update, Mr. Akin went into more detail about Csr. Greenspan's recounting of the 29-month sentence guaranteed Mr. Radler by the plea bargain. He elaborated that a minimum-security prison sentence in B.C. isn't that bad, with details supplied. After he finished the detailing, Csr. Greenspan commented: "This is the best deal you've ever gotten in a lifetime of deals."

In a 1:45 PM ET interview with BNN, the same Paul Waldie summed up Csr. Greenspan's cross-examination today. Greenspan continued with the same theme he used last week, but he only broached an accusation of perjury. (This was a bomb that simply fizzled out.) When asked by Lisa Oake how the defense has been doing, Mr. Waldie replied that Csr. Greenspan covered much of the possible ground with respect to any impugnment of Mr. Radler's testimony. The other defense counsels may now go their own way.

A written summation, webbed by 680 News, also reviews Mr. Greenspan's final day of cross-examining Mr. Radler. It identifies the document in question that tripped Mr. Radler up: "Last week, Radler had said he had not reviewed his 2003 statements to Hollinger's special committee before testifying, but later contradicted himself, saying that he did review the 76-page document.

"In court Monday, Radler maintained he had not read the documents - he only reviewed them.

"He resisted Greenspan's attempt to characterize him as a liar, saying he had misunderstood the question and accussing Greenspan of haggling over "'semantics.'"

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A recent entry in Mark Steyn's trial blog features his complaint about that same unflappability, which he claims has gone beyond being poised to making a mockery of the court, even though Judge St. Eve doesn't see it that way.

Also, from the Chicago Reader's "News Bites" blog, Carol Kilmer's impression of David Radler, the only man of the two she had ever dealt with while at American Publishing. At the end, she states, after being informed of the plea agreement, "'David pleading guilty!'... [After] absorbing the news[, she said further,] 'That just speaks for his integrity.' Later she called Radler's lawyer in Chicago, Anton Valukas, and left her number."

The "Black Board" has a vignette from Mary Vallis about a threesome of "trial tour" visitors from Canada. "They lined up at 7 a.m. Thursday along with members of the international press to snare seats in the courtroom. (Indeed, many of the reporters stepped aside so the women could be first in line.)" Once ensconced, they commented that it was ironic how ordinary Conrad Black looked, given that he had spent much of his life distancing himself from society's plebes.

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