The Verdict: The Juridicial Jury

Tonight's episode of The Verdict had two segments on the jury's first full day of deliberations, one at the beginning and the other near the end of this episode. The first segment was comprised of a report on the two notes sent out by the jury today and an interview with a former jury foreman. The reporter was David Akin, and the former foreman was Oscar Criner, foreman of the Arthur Anderson criminal trial. [Note: the 2002 conviction was overturned in 2005 by the Supreme Court]:

Mr. Akin started by reporting on the first note sent by the jury to the judge; at the time of notification, it had gotten the media excited. The second note was a request for the prosecution exhibit that tracks the non-compete payments. In retrospect, it could be seen that the first note was a false alarm; it was still the post-trial excitement that had kicked in. He also said that, because of a couple of journalists’ complaints, there will be no more advance notifications to the media.

Ms. Todd noted that the courtroom hasn't been very accomodative to the media. Mr. Akin said that Judge St. Eve herself has set the example. She’s not exactly pro-media. He relayed that that she had said to a Bloomberg reporter during an earlier trial that it was a privilege for the media to be in the courtroom, not a right. (Shades of driving in Ontario, I myself relate.)

Mr. Criner, the foreman of Anderson criminal trial jury, said that the responsibility of jury duty was "palpable.” He also said that a jury needs to plan in order to get through the evidence - specifically, he suggested a timeline to get organized. Ms. Todd noted that the Enron jury took a day, and he replied that their minds were largely made up. After making his point, he said that “presentations” help in understanding the evidence. He also disclosed that the guilty verdict was delivered after the judge sent them back during a continuing deadlock, while saying that the jury was the best the case would ever get. He emphasized that he and the other jurors took their responsibility very seriously.

Ms. Todd then asked him for his advice to the jury in the Conrad Black trial, and he recommended that they study the evidence “very carefully,” and that they remember the presumption of innocence.

The second segment on the deliberations opened with a filmed complaint made by Conrad Black about the media following him back to his hotel. The rest of it focused on the exhibit the jury had asked for. The guest was Hugh Totten.

Csr. Totten said that document was introduced in the near-beginning of the case. It was a table of each transaction and the amount of each non-compete payment, columned by name of recipient and rowed by transaction. He noted with interest that Mark Kipnis’ name wasn’t on it. He also said that the prosecution is likely “heartened” by the request for this document.

Ms. Todd replied that this request indicated that the jury was getting right at it. Csr. Totten replied that the jury was probably using it for organizational purposes. He refrained from forecasting whether or not the jury will ask for clarifications on points of law, and demurred from forecasting the length of the deliberations.

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Mark Steyn, in the Maclean's Conrad Black trial blog, has reported that the twelve jurors are now known. There are three men and nine women. "Some old favourites are there - the bubblegum blonde, the chronic sleeper, the middle-aged guy with the earring." He refrains from handicapping the verdict based on this new information.

In the Toronto Life Conrad Black trial blog, there's an announcement of a live Q-and-A session on the trial, to start tomorrow at 12 noon ET. The general public is welcome to participate in it - provided that they register with TorontoLife.com before it starts off.