Media Roundup: Anticipation

The media report, webbed overnight and today, on the Conrad Black trial are focusing on the nearing end of it:

1. The New York Times has webbed an abridged version of the Bloomberg report on yesterday's part of Ron Safer's argument, which opens with the theme that Mark Kipnis violating the law would be contrary to habit.

2. CBC News: Morning had an update with Heather Hiscox, aired at 7:30 AM. She said that trial is behind schedule; the jury should have been deliberating by now. Once Csr. Safer's closing argument is over with, the prosecution will make its rebuttal, in which no new evidence can be introduced. It may take a little longer than 2 hours. One the judge's instructions are finished, the jurors are expected to take a week to decide, as the case is “complicated.” The coverage in Chicago hasn't been the front-page item that it has been in Toronto; there's only been inside-paper coverage in the Tribune, the paper that's been following it most closely.

Harry Forestell, in London U.K., said that the trial's not been much of an item since the trial began, It’s been followed, but not on the front page. London’s Establishment has long “forgotten” Conrad Black, and the U.K. media has long lost interest in the lifestyle details. There’s also lots of scandals to choose from. This relative sparseness is not likely to change until the verdict is reached.

3. Peter Worthington's latest column on the trial, as webbed by the Ottawa Sun, discusses the last two closing arguments for the defense. He focuses on the one given by Csr. Safer, who he describes as the lawyer who "batted cleanup for the defence." Near the end, Mr. Worthington reports that "Safer urged the jury to be 'very, very suspicious of the government's case' -- and what the prosecution's rebuttal today will contain."

4. From Andrew Clark of the Guardian, a report on the end of Michael Schachter's closing argument for Peter Atkinson. It begins with: "Prosecutors in Conrad Black's racketeering trial are looking at the world through 'dirty windows' that give even the most innocent acts a murky sheen, defence lawyers contended yesterday."

5. The latest report by Ameet Sachdev, webbed by the Chicago Tribune, is about Csr. Safer's closing argument. In addition to summarizing his argument, it contains a few of his one-liners. One example: "'When a lawyer starts talking in Latin, watch out,' Safer told the jurors."

6. From Channel 4 News, a brief note that the jury is expected to begin deliberating soon.

7. Canada East has a brief forecast item, which relays that "Judge Amy St. Eve says she plans to read her instructions to jurors by mid-afternoon."

8. The Edmonton Sun has webbed a Canadian Press report which recaps the parts of both closing arguments delivered yesterday.

9. Rick Westhead of the Toronto Star has written a report that's entitled "Black trial nears deliberation phase." It recaps both parts as well; in shifting from Csr. Safer to Csr. Schachter, there's this note: "It's unclear, however, how long the wait will be for a verdict. The Black case is complex and has involved some 50 witnesses both for and against the four accused. Jurors are expected to deliberate on Friday for a half day and may meet for only three days the following week because of the July 4 holiday."

10. BNN aired an interview with Amanda Lang at 8:22 AM ET. She reported in it that Csr. Safer had “laid out a roadmap” for the jury, with five points claiming to show that Mr. Kipnis was not guilty. Like Julie Ruder, Csr. Safer asked the jury to use their common sense. He also reminded jurors that Mr. Kipnis is not required to take the stand. Ms. Lang expects a “pretty powerful” argument from the prosecution, which will probably contain a repeat of the cover-story theory. Eric Sussman will probably try to impugn the truthfulness of the relevant documents. The instructions to the jury will include the ostrich instruction, an explanation of intent to defraud, and some kind of definition of “honest services." They will be specific.

11. CTV NewsNet aired an interview with reporter David Akin at 8:31 AM ET. In it, he said that this morning's wrap-up is Mr. Kipnis' “last kick at the can.” If Judge St. Eve doesn’t get to her instructions by 3:30 PM CT, she will start them tomorrow. There's no reliable estimation on how long the jury will deliberate. In part, it depends upon how long the jurors stay in deliberation each day. (They’re not sequestered.) If found guilty, Conrad Black won’t be ushered off to jail between verdict and sentencing because he’s not a flight risk. If jailed, he must serve in a U.S. prison, and must serve 85% of his sentence in jail.

12. Rosie DiManno of the Star has written a report that excerpts certain schticks from Csr. Safer's closing address. She notes in it that he claimed that the prosecution got their buyers-didn't-request-it theory from Mr. Kipnis' own notes. Csr. Safer made the point that Mr. Kipnis, had he had any intent to defraud, could have destroyed the most suspicious parts of the paper trail easily.

13. CBC News has a report that focuses on both parts of the closing arguments heard in court yesterday. Near its end, it quotes a jury consultant, Wendy Grossman, who said that nothing should be read into the jurors' boredom, as it's not unusual in cases of this length and complexity.

14. Paul Waldie, as webbed by the Globe and Mail, has written a briefing about what to expect after the trial proceedings resume this morning, right up to the verdict.

15. A CityNews report also focuses on the upcoming deliberations.

16. An update on the above 7:30 AM report (item #2) has been aired on CBC Newsworld at 10:00 AM ET. Heather Hiscox was interviewed again, and she reported that Conrad Black had said “no comment” when he had arrived today in conformance with the rebuke he had received earlier from Judge St. Eve. The judge herself has been widely praised for being disciplined, as well as fair, throughout the trial. As far as the verdict is concerned, there's still no consensus forecast.

17. CTV NewsNet has also aired an updated interview with David Akin at 10:30 AM ET. Mr. Akin reported that the jury will start deliberating after the instructions are finished; they could start as early as tomorrow. They will deliberate this Friday, during a short session that will end at 1 PM CT. Mr. Akin also reported that Steve Skurka had speculated that this means a quick verdict is coming.

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In his blog "The Crime Sheet", Steve Skurka explains the reasoning behind a defense-oriented suspicion explaining why the prosecutors are using spin: it's to cover up a major setback for the prosecution that occurred before the trial began - the refusal on the part of Mr. Atkinson and Mr. Kipnis to plea-bargain.