Media Roundup: Wrapping It Up (Defense Exit Without Self-Testimony)

The media reports, webbed overnight and this morning, on the Conrad Black trial centre on the end of the evidentiary part of the trial:

1. WQAD.com has webbed the AP summary of yesterday's trial, which mentions the defense resting.

2. The New York Times has webbed an excerpt of the Bloomberg report, which mentions the four defendants including Conrad Black himself, waiving their right to testify. It ends with a brief summary of Alan Funk's testimony under cross-examination.

3. Similar ground is covered by an abridgement of a Canadian Press report written by Romina Maurino, as webbed by the Hamilton Spectator. It also mentions that the waival of the right to testify on one's own behalf has sometimes hurt in high-profile white-collar crime cases. A slightly different version of this report, which describes Mr. Black as standing "ramrod-straight" when waiving his right to testify, has been webbed by the Calgary Sun; a summary of it has been webbed by the Vancouver Sun.

4. The Irish Examiner has a report that mentions the defense resting, along with a summary of the charges against Mr. Black and the three other defendants.

5. There's another corporate-governance controversy brewing, this time in the U.K., which is being compared to the Hollinger Int'l controversy according to a report webbed by Business Day of South Africa. The CEO and controlling shareholder of The Independent Group, Tony O'Reilly, has been lambasted by a report written by a U.K. corporate governance expert and member of Prime Minister Blair's economic-reform committee, Stephen Davis. This report was prepared for the benefit of a sizable minority shareholder, billionaire Denis O'Brien. It charges that the Independent Group has a crony board, while the Group has officially dismissed it as a "'paid-for partisan report commissioned by a shareholder with an agenda as yet unknown.'” The article recounting the battle also mentions that Mr. O'Reilly has an already-checkered record when it comes to independent boards. [The story of O'Reilly versus O'Brien has also been webbed by AllAfrica.com.]

6. Andrew Clark of the Guardian has written a report that briefly summarizes the entire testimony of Mr. Funk.

7. The First Post has webbed a report by Paul Waldie, which begins with a recount of the defense resting. It also has a follow-up on an earlier story by Mr. Waldie, the interview with ex-juror Sandra Grubar, noting that "[p]rosecutors brushed off the comments, claiming she'd missed key evidence."

8. A report by Mary Vallis has been webbed by the Vancouver Sun. Most of it reviews the testimony of Mr. Funk, both under direct and cross-examination.

9. Janet Whitman's latest report, webbed by the New York Post, begins with Mr. Black's waival, and adds that his lawyers were probably responsible for him not taking the stand. She also mentions Ms. Grubar's conclusion that the prosecution's case is too weak to merit a guilty verdict, as well as the fact that she had "missed crucial testimony."

10. Rick Westhead of the Toronto Star has a recap of both the defense resting and Mr. Funk's testimony, with an excerpt from the cross-examination of him.

11. A quite possibly related item has been webbed by the Chicago Sun-Times: Hollinger Inc. is asking for two seats on the board of directors of the Sun-Times Media Group. The board has pulled a demur so far, on the grounds of potential conflict of interest. (There's still a lawsuit pending against Mr. Black by STMG.)

12. The Sun-Times has also webbed a detailed recapping of Mr. Funk's testimony, which shows a more self-confident side to him under cross examination. "Funk, who often wore a bemused expression while getting grilled, called using non-compete agreements as a cover for fraud 'silly.' He called another contention by the prosecution 'a stretch.'" The report does mention that he conceded that he hadn't followed the case in trial.

13. Another report by Mr. Waldie, webbed by the Globe and Mail, discusses what's expected to take place in today's proceedings with the jury absent. The procecution has asked for an "ostrich instruction" to be added to those given to the jury, which permits the jury to use circumstantial evidence to convict. "The lawyers for Lord Black and the other defendants have filed motions to exclude it. They argue prosecutors have not put forward enough evidence to show that the defendants deliberately avoided the truth." Judge St. Eve is also expected to rule today on the motions to acquit, or Rule 29 motions, as well as motions to dismiss some charges.

14. The Age of Australia has webbed the Reuters report that focuses in on the defendants declining to testify.