The Verdict: Too Outspoken For His Own Good?

There was one segment of tonight's episode of The Verdict that dealt with the Conrad Black trial; it discussed the issue of whether or not Mr. Black has been imprudent wiith his comments on his trial outside of the courtroom. There were two guests: former prosecutor Pat Woodward (quoted here) and former "associate" of Mr. Black, Joan Crockatt, former managing editor of the Calgary Herald (quoted here.)

Csr. Woodward started off by wondering out loud where Mr. Black's lawyers have been. Those statements of his can “only hurt him.” Ms. Crockatt added that defense counsel Edward Genson did pre-warn about behavior like this in his opening statement. Mr. Black is becoming more outspoken, now that he sees the trial going his way. It's “smug” of him.

Csr. Woodward then said that Judge St. Eve should be “outraged” about this. She issued a pre-trial order forbidding arguing the case outside of the courtroom. Conrad Black expressing confidence in the judicial system - specifically, his confidence in the jury - is okay; saying that he’s sure to walk, isn’t.

Ms. Todd asked if the jury was influenced by these words. Csr. Woodward replied that if they have read or heard any of them, a voir dire can be ordered to see if they’ll disregard. He thinks, though, that Mr. Black's verbal forthrightness “shows disrespect” to the judge because of that order.

Normally, Ms. Todd observed, it's difficult even to get an interview with Mr. Black. Why would he start a book tour during the trial? Ms. Crockatt offered this opinion: although we don’t know about the timing, we do know that he’s a writer, and writing takes off pressure for a writer. It's possible that Mr. Black timed it to maximize publicity for the book. It could be that he wants to show he’s a worthy member of society still. He is “strong-willed.” But, he should clam up for the rest of the trial. His outspokenness so far may get him a reprimand for the judge, but it won’t jeopardize his trial.

Csr. Woodward observed that Mr. Black won’t show any public remorse because he will appeal if convicted, but nevertheless, in Csr. Woodward's opinion, Mr. Black is implicitly criticizing the court, as well as the prosecution, when he calls the prosecution’s case a “fraud.”

Whether or not Mr. Black takes the stand will be crucial as to whether or not his words will hang him. The prosecution already has a lot of words that they can use against him in cross-examination. His defense counsels seem to have given up hope that Mr. Black will testify. Ms. Crockett finished by opining that Mr. Black hasn’t hung himself yet....

(One possibility that neither of them mentioned is Judge St. Eve evening the score by being lenient to the prosecution in the courtroom - a practice that Mark Steyn continually objects to. If true, then we have a tiger-by-the-tail situation. This alleged leniancy, if real, can of course have other reasons for it, such as an anticipation that the prosecution will appeal.)

[This episode of The Verdict will be broadbanded as of 10:30 pm tonight, and will stay up until about 10:30 PM or so tomorrow.]