According to a BNN news flash, a verdict has been announced in the Conrad Black trial. Here it is:
Conrad Black
Count 1: Guilty
Count 5: Not Guilty
Count 6: Guilty
Count 7: Guilty
Count 8: Not guilty
Count 9: Not guilty
Count 10: Not guilty
Count 11: Not guilty
Count 12: Not guilty.
Count 13 [Obstruction]: Guilty
Count 15: Not guilty
Count 16: Not guilty.
Jack Boultbee
Guilty on counts 1, 6 and 7. [Apologies for the earlier inaccuracy.]
Peter Atkinson:
Guilty on counts 1, 6 and 7.
Mark Kipnis:
Guilty on counts 1, 6 and 7.
A complete list of charges is here. 1 and 6 relate directly to the American Publishing sale, and Count 7 does so indirectly. CBS2 Chicago has a roundup of its own.
The Bloomberg report on the verdict has a little commentary on it, and a broader background which also recounts previous corporate-fraud convictions. It also quotes Jacob Frenkel as saying, "'The government overcame a very shaky start to win this case... They were able to pull a rabbit out of the hat.'''
On BNN, Terry Sullivan said that he believed that the security camera tape was what won the jury over. There was also a tally of the potential sentences each defendant faced; Conrad Black, 35, Peter Atkinson, 10, and the others, 15. All will go to a medium-security prison if the convictions stand up to appeal. But, Judge St. Eve has the option of concurrent sentences for the mail-and-wire-fraud charges, so the other three defendants could face only 5 years in minimum security should the convictions survive the appeal process. Conrad would still face 25 years.
Two other reports on the outcome are from Ameet Sachdev of the Chicago Tribune, who includes some background on Conrad Black himself, and from CanWest, as webbed by the Vancouver Sun, which adds some background from the case itself.
Reuters has webbed both a report on the verdict, written by Andrew Stern, and a timeline of Conrad Black's life.
Romina Maurino's report, as webbed by 680 News, begins with: "Conrad Black fixed jurors with a venomous stare as they found the former press mogul guilty on three counts of mail fraud and one of obstruction of justice Friday.... As the charges were read, Black gazed at the table in front of him, then glared at the jury with his brow furrowed in a dark frown."
The New York Times has webbed a report by Richard Siklos, whose background includes a recounting of the fate of David Radler. The Associated Press report, as webbed by the Bismarck Tribune, begins with the fate of Conrad Black and blandly describes his demeanor as "emotionless." It also mentions the sentence for the other three defendants before adding the background to the case.
Stephen Komie was interviewed on BNN, and gave a forecast on what will happen next. Sentencing is likely to take place in November or December. He gave 80% odds of the conviction being upheld on appeal in cases of this sort.
Hugh Totten gave his prediction that Conrad Black will be released on his own recognizance during an interview by CTV NewsNet. The interviewer, Rosemary Thompson, also reported that as of 1 PM ET, Csr. Sussman had argued that Conrad was a flight risk, and Edward Genson was arguing for a release on his own recognizance. Csr. Greenspan is arguing that Conrad isn't a flight risk. Csr. Totten predicted 60 to 90 days for the sentencing hearing to take place. CTV News has released a report of its own on the verdict.
A new Reuters report has been issued on the fate of Conrad Black, which contains a profile of him. It includes two quotes from Peter C. Newman, one on his likely state of mind - "'I would think he is in total shock... He really did believe he was innocent." - and the outcome: "'This is a tragedy,' Newman said of Black's conviction. 'He really did have a great brain and a great memory, and it's a tragedy for us as well as for him that he didn't live up to his potential and will end up in an American jail.'"
CTV News interviewed Mr. Newman at 1:12 PM ET, along with Joan Crockett. Mr. Newman opined that Conrad was "genuinely surprised" because he though of himself as the proprietor of the companies he owned - that he was those companies. He also said that Conrad acted arrogantly when he removed those 13 boxes. Ms. Crockett opined that the videotape euchred out the defense's evidentiary claim that Conrad had not known of the SEC order at the time. Mr. Newman added that the real punishment for Conrad Black will be treatment of him as a convicted criminal. Ms. Crockett later opined that the appeal will be "tough and dirty."
Ms. Thompson reported, as of 1:18 PM ET, that the prosecutors are moving that Mr. Atkinson and Mr. Boultbee be required to surrender their Canadian passports and live in the United States. Also reported is that Conrad is having difficulty paying the mortage for his Palm Beach home, as revealed in the defense part of his bail hearing. The jurors all declined to speak to the media.
Also on CTV NewsNet, BNN's Kim Parlee reported that the Ontario Securities Commission will be holding a hearing on Conrad Black's "egregious corporate behaviour" in November. There is no word as of yet about any rescheduling or quashing of that hearing as a result of the verdict.
Forbes.com has webbed an updated AP report, which includes a quote from Andrew Stoltmann to the effect that Conrad should feel lucky that he didn't get convicted on all of the charges.
ON CTV NewsNet, as of 1:38 PM ET, Mr. Newman passed along two related items from the United Kingdom: the U.K. government has officially said that Conrad can serve any sentence put on him in a U.K. prison; and, the British Conservative Party has repudiated him. He cannot hold himself up as a Conservative in the U.K. Right after Mr. Newman was finished commenting, Paula Todd reported that the prosecution wants a sentence of 25 to 30 years for Conrad Black. She also pointed out that Conrad didn't return the boxes immediately after receiving the SEC notice. Also, Dan Matheson noted that Peter Atkinson and Jack Boultbee do not have to surrender their passports.
After Ms. Todd had finished, Jacquie McNish said that she was surprised at the verdict, and opined that his "fatal mistake" was signing an agreement to pay Hollinger International several million dollars but backing out of it later. She also said that the U.S. Justice department will be encouraged by this verdict to pursue similar cases more aggressively.
Later, Mr. Matheson reported that making the mortage payments mentioned above was a condition of Conrad's bail; he hasn't been making those payments. He later passed on that Judge St. Eve has decided that Conrad is a flight risk.
Steve Skurka said on CTV NewsNet that, despite what other commentators have said, the prosecution has won this one; he also admitted that he had been wrong on his acquittal call. (So was I.) The judge is likely to decide upon a 10-15 year sentence, in Csr. Skurka's estimation.
Regarding the flight risk, Judge St. Eve may consider a renewed affiadavit from Conrad Black, promising to show up, to be sufficient bond to offset any risk. Ms. Lang also reported that Conrad is going to appeal, or at least is expected to do so.
At least two other defendants, Mark Kipnis and Peter Atkinson, have left the courtroom as of about 2:30 ET, or 1:20 CT. BNN broadcast a comment from Ron Safer to the effect that the jury, though conscientious as part of a fair trial, failed to differentiate between the defendants. He also indicated that Mr. Kipnis will be appealing through expressing a hope that the judge will differentiate his client from the other three defendants.
It was announced by Ms. Todd on CTV NewsNet at 2:39 PM ET that the bail hearing for Conrad Black has been adjourned for the weekend. She also opined that this wasn't a good sign for him. Ms. Thompson reported the Conrad has been asked to surrender his passport. She also reported that the identities of the jurors have been revealed, and that the sentence will be delivered on November 30th, at 2:30 PM. Mr. Matheson later read a letter from Ted Chung explaining the reason for the length of time between today and the sentencing: it gives probation officials sufficent time to gather needed background information on Conrad and the other defendants.
At about 3:25, it was announced that Conrad Black had left the courtroom, evidently in shock, saying nothing. Edward Greenspan read a statement saying that Conrad Black was acquitted of the main charges; that there will be an appeal, and that "there are viable legal grounds" for one; and, that the prosecution's recommendation for a sentence will be vigourously disputed. Edward Genson expressed surprise that it had ended, and said that "the justice system works." Unlike Csr. Greenspan, who seemed defiant, he was unemotional.
The prosecutors' press conference, with Patrick J. Fitzgerald acting as spokeman, began at about 3:35 CT. Csr. Fitzgerald said that he was “gratified” by the verdict, gave a short speech on the government protecting the shareholders, and then thanked the people who worked on the case. He claimed that he will be taking a “conservative” estimate, from Eric Sussman, regarding the requested sentence – approximately 15 ½ to 20 years – for Conrad Black, and for the forfeiture. He also complimented the jurors.
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Mark Steyn's been liveblogging the verdict for his Maclean's Conrad Black trial blog. His frist comment on the verdict notes that the APC-related charges were the only ones to stick, other than the obstruction-of-justice charge. Those convictions, he blames Conrad Black's defense team for. He ends with: "The US Attorney's office might usefully adopt as its motto the IRA's message to Mrs Thatcher after the Brighton bombing, 'You have to be lucky every time. We only have to be lucky once.'" (Interestingly, he didn't mentioned Mark Kipnis.)
Douglas Bell, in the Toronto Life Conrad Black trial, has an open thread devoted to the verdict.
Friday, July 13, 2007
Media Roundup: Gear-down
The media reports, webbed overnight and this morning, on the Conrad Black trial have dwindled in the face of no news yesterday:
1. A background report by Ameet Sachdev and Susan Chandler, webbed by the Chicago Tribune, provides a rundown of all the charges that the defendants face.
2. The Saskatoon StarPhoenix has reprinted the Reuters report on yesterday's part of the trial.
3. A feature report by Theresa Tedesco, webbed by the National Post, discusses what a deadlocked jury and a partial verdict mean for the prosecution. It contains the interesting factoid that a conviction on only one of the 42 charges that all four defendants face can be counted as a "victory." Regarding the request for the partial verdict combined with redeliberation on the charges that the jury is deadlocked over, the report concludes: "Mr. Sussman was hedging his bets. He needed to know what the government was up against. If, as part of the partial verdict, the government has one conviction or more, he can claim victory and the rest of the deliberations won't really matter. Conversely, if the partial verdict contains acquittals, the prosecution still has a second chance if the judge sends back the jury to keep deliberating the rest of the charges."
4 A Canadian Press report, webbed by the Brandon Sun, notes that the jurors will deliberate from 9 AM CT to 1 PM CT today.
5. The Bloomberg report on yesterday's part of the trial is part of the Philadelphia Inquirer's "Business In Brief:" "The jury in the Chicago federal trial of Conrad Black, the former Hollinger International Inc. chairman, ended its 11th day of deliberating the U.S. government's fraud and racketeering case against him without reaching a verdict. The jurors left the courthouse about 4:15 local time after telling U.S. District Judge Amy St. Eve they would return today, according to an e-mailed message from her chambers. The panel on July 10 told her in a note it was divided on some charges. The judge told the jury to keep trying."
6. Joe Warmington's latest column, as webbed by the London Free Press, is entitled "Tension Showing At Black Trial." It features a recap of Conrad Black's recent spats with members of the press.
7. Andrew Clark's latest piece, webbed by the Guardian, provides a look at the wait that the reporters covering the trial are going through.
8. The Globe and Mail has webbed a brief report by Paul Waldie, which says that the jurors left yesterday withough verdict or incident.
9. BNN aired a report by Amanda Lang, at 10:38 AM. She said that the jurors had included a decline of the free lunch for today in yesterday's scheduling note. Two of the women are wearing suits today. She also noted that both prosecution and defense are confident of victory.
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Mark Steyn, in his Maclean's Conrad Black trial blog, adds his own speculation on why the jury is still deadlocked two days subsequent to the Tuesday note, before concluding that such an exercise is largely useless.
1. A background report by Ameet Sachdev and Susan Chandler, webbed by the Chicago Tribune, provides a rundown of all the charges that the defendants face.
2. The Saskatoon StarPhoenix has reprinted the Reuters report on yesterday's part of the trial.
3. A feature report by Theresa Tedesco, webbed by the National Post, discusses what a deadlocked jury and a partial verdict mean for the prosecution. It contains the interesting factoid that a conviction on only one of the 42 charges that all four defendants face can be counted as a "victory." Regarding the request for the partial verdict combined with redeliberation on the charges that the jury is deadlocked over, the report concludes: "Mr. Sussman was hedging his bets. He needed to know what the government was up against. If, as part of the partial verdict, the government has one conviction or more, he can claim victory and the rest of the deliberations won't really matter. Conversely, if the partial verdict contains acquittals, the prosecution still has a second chance if the judge sends back the jury to keep deliberating the rest of the charges."
4 A Canadian Press report, webbed by the Brandon Sun, notes that the jurors will deliberate from 9 AM CT to 1 PM CT today.
5. The Bloomberg report on yesterday's part of the trial is part of the Philadelphia Inquirer's "Business In Brief:" "The jury in the Chicago federal trial of Conrad Black, the former Hollinger International Inc. chairman, ended its 11th day of deliberating the U.S. government's fraud and racketeering case against him without reaching a verdict. The jurors left the courthouse about 4:15 local time after telling U.S. District Judge Amy St. Eve they would return today, according to an e-mailed message from her chambers. The panel on July 10 told her in a note it was divided on some charges. The judge told the jury to keep trying."
6. Joe Warmington's latest column, as webbed by the London Free Press, is entitled "Tension Showing At Black Trial." It features a recap of Conrad Black's recent spats with members of the press.
7. Andrew Clark's latest piece, webbed by the Guardian, provides a look at the wait that the reporters covering the trial are going through.
8. The Globe and Mail has webbed a brief report by Paul Waldie, which says that the jurors left yesterday withough verdict or incident.
9. BNN aired a report by Amanda Lang, at 10:38 AM. She said that the jurors had included a decline of the free lunch for today in yesterday's scheduling note. Two of the women are wearing suits today. She also noted that both prosecution and defense are confident of victory.
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Mark Steyn, in his Maclean's Conrad Black trial blog, adds his own speculation on why the jury is still deadlocked two days subsequent to the Tuesday note, before concluding that such an exercise is largely useless.
Thursday, July 12, 2007
Media Roundup: No News, More Speculation
The media reports, webbed overnight and today, on the Conrad Black trial have filled in the no-news gap (including no developments today) with speculation, commentary and related features:
1. The National Post has a brief wrapup of yesterday's deliberations, with a quote from Hugh Totten, who speculated that the jurors are "likely going over and over some of the same old ground...."
2. CTV News' report is more detailed because some background and recapping of Tuesday's deadlock have been added. Two experts are quoted in it, and there are links to nine broadband clips on the right-hand side of the webpage.
3. The Ottawa Sun has webbed a Canadian Press report that focuses upon Conrad Black flipping the bird at the media, and what it reveals about his state of mind. (Yes, there is an expert quoted in it.)
4. Also from the Ottawa Sun: a comment by Earl MacRae on that same bird flip.
5. The Globe and Mail has webbed an opinion piece by Derek de Cloet, which concludes that Conrad Black was done in through not playing it straight in the business world.
6. The Illinois Daily Herald's Burt Constable mentions Conrad Black's fate in a column about bias against the media and scandals that feed it: "Black is the perfect storm for people who hate the [mainstream] media. He’s a media guy charged with a major crime in which the victims also are media people. With 300 journalists, many of them foreign correspondents, running up expense accounts during four months of court proceedings, even the media covering the case is being forced to spend a small fortune."
7. A write-up from the New York Post's Janet Whitman reports that the only item from the jury yesterday was a note saying that the jurors will resume deliberations at 9 AM CT today.
8. Joe Warmington's latest column, as webbed by the Toronto Sun, is entitled "Blacks watch, worry and wait." He discusses Conrad's recent tension, and reveals near the end that it isn't just one or more juror(s) who need a cigarette break.
9. A recap report by Romina Maurino of CP, as webbed by the London Free Press, gives the planned time for today's deliberations: 9 AM to 4:45 PM CT.
10. A write-up by Robyn Doolittle of the Toronto Star also brings in Conrad's likely state of mind as the jury continues deliberating: "Yesterday, [despite his oft-expressed confidence], Black's poker face looked haggard. He was spotted walking the streets surrounding the court, hand-in-hand with wife Barbara Amiel, who would occasionally smile at him."
11. Both Conrad and Barbara Black have gotten one mention each in the latest column by Michael Sneed of the Chicago Sun-Times. A recent Maclean's column by her is highlighted, and a support call for him, from Julie Nixon Eisenhower, is mentioned.
12. Another CTV News report has been webbed, which includes commentary from Ted Chung, who "told CTV Newsnet anything could happen...."
13. Paul Waldie and Tara Perkins of the Globe have written a report that contains a description of the Black family as of about 4:45 PM CT yesterday. "They seemed relaxed and chatty as they got into the car but declined comment." Jack Boultbee also gets a mention.
14. The Prince George Citizen has webbed a CP report by Keith Leslie, entitled "Jury in Conrad Black fraud trial in eleventh day of deliberations." After reporting that there's neither verdict nor note from the jury this morning, it explains the 'clothing indicator'. "The sight of blue jeans on one juror prompted speculation there would not be a verdict again Thursday, because the nine women and three men know they'll be on international television when they do conclude deliberations." The rest of it is a recount of events since Tuesday afternoon and capsule description of what the trial's about.
15. BBC News has also posted a no-news-today-so-far report, with background in the rest of it.
16. Amanda Lang of BNN, at 5:23 PM ET, reported that the jurors have gone home for the day, and have left a note saying that they will deliberate from 9 AM to 1 PM ET tomorrow.
17. Right after that announcement, BNN aired an interview with jury expert Paul Lisnek. Csr. Lisnek started off by saying that Friday could be an important day, in the sense that it creates the potentiality for an expectation of a finish. The outcome is hard to predict because the necessary information, on the split number and over what charges, is needed. Nevertheless, Csr. Lisnek expects an announcement tomorrow, either of verdict or deadlock. He still doesn't sense any personality conflicts in the jury.
The defense seems to think that a partial verdict is best, but this strategy is risky. He'd recommend that the defense move to "set the entire trial aside" if the jury gets hung, even though the prosecution would put up a fight if they do. Csr. Lisnek beleives that it's an effective loss for the prosecution if there are convictions only on the perks charge.
The jurors seeing Mark Kipnis differently from the other defendants can give two perspectives to them, on the charges or, "more dangerously for the defendants," the defendants themselves. The wait for the verdict seems long because of the continuous coverage. Given the length of the trial, it hasn't been that long.
The jurors are aware of the media attention on them, so they're trying to cover up any revealing body language. That angry juror last might might very well have been angry over something personal. Csr. Lisnek moved to an ending by returning to his starting point, when he was informed of the 1 PM CT knock-off time: it tied onto his "gut feeling" about Friday being portentous. He finished up by noting that the jury also rates a free lunch if they knock off at 1 PM, but not if they end the day before lunchtime.
18. A Reuters report says the same thing as item #16 above does, except for omitting the time specification and adding a little background. So does the Canada.com report.
19. The Associated Press has issued a "Summary Box" of today's part of the deliberations.
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In "The Crime Sheet," Steve Skurka, as a defense lawyer, takes Conrad to task for losing his composure in the middle-finger incident.
Despite he being called away, Mark Steyn is still posting regularly in his Maclean's Conrad Black trial blog. His latest entry pokes fun at the Globe's attention to Conrad Black's socklessness.
Douglas Bell's top-stories post for today in the Toronto Life Conrad Black trial blog has the latest on the tea-leaf reading. One of his selections is an entry from the Wall Street Journal Law Blog that explains what a partial verdict is.
There's also a new entry in the "Black Board," which contains an anecdote about the British and Canadian reporters getting together for cards today after several days of sticking with their fellow nationals.
The National Post's blog "Posted" reveals that the reporter that's been designated as the court contact by the entire group of them is none other than Romina Maurino.
1. The National Post has a brief wrapup of yesterday's deliberations, with a quote from Hugh Totten, who speculated that the jurors are "likely going over and over some of the same old ground...."
2. CTV News' report is more detailed because some background and recapping of Tuesday's deadlock have been added. Two experts are quoted in it, and there are links to nine broadband clips on the right-hand side of the webpage.
3. The Ottawa Sun has webbed a Canadian Press report that focuses upon Conrad Black flipping the bird at the media, and what it reveals about his state of mind. (Yes, there is an expert quoted in it.)
4. Also from the Ottawa Sun: a comment by Earl MacRae on that same bird flip.
5. The Globe and Mail has webbed an opinion piece by Derek de Cloet, which concludes that Conrad Black was done in through not playing it straight in the business world.
6. The Illinois Daily Herald's Burt Constable mentions Conrad Black's fate in a column about bias against the media and scandals that feed it: "Black is the perfect storm for people who hate the [mainstream] media. He’s a media guy charged with a major crime in which the victims also are media people. With 300 journalists, many of them foreign correspondents, running up expense accounts during four months of court proceedings, even the media covering the case is being forced to spend a small fortune."
7. A write-up from the New York Post's Janet Whitman reports that the only item from the jury yesterday was a note saying that the jurors will resume deliberations at 9 AM CT today.
8. Joe Warmington's latest column, as webbed by the Toronto Sun, is entitled "Blacks watch, worry and wait." He discusses Conrad's recent tension, and reveals near the end that it isn't just one or more juror(s) who need a cigarette break.
9. A recap report by Romina Maurino of CP, as webbed by the London Free Press, gives the planned time for today's deliberations: 9 AM to 4:45 PM CT.
10. A write-up by Robyn Doolittle of the Toronto Star also brings in Conrad's likely state of mind as the jury continues deliberating: "Yesterday, [despite his oft-expressed confidence], Black's poker face looked haggard. He was spotted walking the streets surrounding the court, hand-in-hand with wife Barbara Amiel, who would occasionally smile at him."
11. Both Conrad and Barbara Black have gotten one mention each in the latest column by Michael Sneed of the Chicago Sun-Times. A recent Maclean's column by her is highlighted, and a support call for him, from Julie Nixon Eisenhower, is mentioned.
12. Another CTV News report has been webbed, which includes commentary from Ted Chung, who "told CTV Newsnet anything could happen...."
13. Paul Waldie and Tara Perkins of the Globe have written a report that contains a description of the Black family as of about 4:45 PM CT yesterday. "They seemed relaxed and chatty as they got into the car but declined comment." Jack Boultbee also gets a mention.
14. The Prince George Citizen has webbed a CP report by Keith Leslie, entitled "Jury in Conrad Black fraud trial in eleventh day of deliberations." After reporting that there's neither verdict nor note from the jury this morning, it explains the 'clothing indicator'. "The sight of blue jeans on one juror prompted speculation there would not be a verdict again Thursday, because the nine women and three men know they'll be on international television when they do conclude deliberations." The rest of it is a recount of events since Tuesday afternoon and capsule description of what the trial's about.
15. BBC News has also posted a no-news-today-so-far report, with background in the rest of it.
16. Amanda Lang of BNN, at 5:23 PM ET, reported that the jurors have gone home for the day, and have left a note saying that they will deliberate from 9 AM to 1 PM ET tomorrow.
17. Right after that announcement, BNN aired an interview with jury expert Paul Lisnek. Csr. Lisnek started off by saying that Friday could be an important day, in the sense that it creates the potentiality for an expectation of a finish. The outcome is hard to predict because the necessary information, on the split number and over what charges, is needed. Nevertheless, Csr. Lisnek expects an announcement tomorrow, either of verdict or deadlock. He still doesn't sense any personality conflicts in the jury.
The defense seems to think that a partial verdict is best, but this strategy is risky. He'd recommend that the defense move to "set the entire trial aside" if the jury gets hung, even though the prosecution would put up a fight if they do. Csr. Lisnek beleives that it's an effective loss for the prosecution if there are convictions only on the perks charge.
The jurors seeing Mark Kipnis differently from the other defendants can give two perspectives to them, on the charges or, "more dangerously for the defendants," the defendants themselves. The wait for the verdict seems long because of the continuous coverage. Given the length of the trial, it hasn't been that long.
The jurors are aware of the media attention on them, so they're trying to cover up any revealing body language. That angry juror last might might very well have been angry over something personal. Csr. Lisnek moved to an ending by returning to his starting point, when he was informed of the 1 PM CT knock-off time: it tied onto his "gut feeling" about Friday being portentous. He finished up by noting that the jury also rates a free lunch if they knock off at 1 PM, but not if they end the day before lunchtime.
18. A Reuters report says the same thing as item #16 above does, except for omitting the time specification and adding a little background. So does the Canada.com report.
19. The Associated Press has issued a "Summary Box" of today's part of the deliberations.
----------
In "The Crime Sheet," Steve Skurka, as a defense lawyer, takes Conrad to task for losing his composure in the middle-finger incident.
Despite he being called away, Mark Steyn is still posting regularly in his Maclean's Conrad Black trial blog. His latest entry pokes fun at the Globe's attention to Conrad Black's socklessness.
Douglas Bell's top-stories post for today in the Toronto Life Conrad Black trial blog has the latest on the tea-leaf reading. One of his selections is an entry from the Wall Street Journal Law Blog that explains what a partial verdict is.
There's also a new entry in the "Black Board," which contains an anecdote about the British and Canadian reporters getting together for cards today after several days of sticking with their fellow nationals.
The National Post's blog "Posted" reveals that the reporter that's been designated as the court contact by the entire group of them is none other than Romina Maurino.
Wednesday, July 11, 2007
The Verdict: The Jurors And The Blacks
The first half of tonight's episode of The Verdict was devoted to the continuing wait. There were three segments devoted to the Conrad Black trial: the first featured jury expert Paul Lisnek; the second had Enron juror Dana Fernandez; and, the third, which was devoted to how the Black are holding up, had on Joan Crockett and Peter C. Newman.
In the opening segment, Csr. Lisnek speculated that the jurors have tried a start-from-scratch technique. He squared this guess with Ms. Todd pointing out the jurors' earlier request for advice by comparing them to people in school working out a difficult problem, whose teacher told them to have another crack at it. No-one knows how far they have to go. There doesn’t seem to be any real conflict in the deliberations room, just disagreement based upon key pieces of evidence. He agreed with Ms. Todd that the deadlock is most probably due to some jurors refusing to convict. It's highly unlikely that it’s eleven versus one, despite the glamour of that scenario indicating otherwise. When asked by Ms. Todd if there was lack of unanimity for each charge, he said it was “possible” but it could also be one count only, an alternative he seemed to believe was the most accurate one.
After Csr. Lisnek was finished, Ms. Todd mentioned the Enron case, which took six days of deliberation. Then, her next guest, Dana Fernandez, came on. Ms. Fernandez said that the Enron jury went through every piece of evidence for each count and trod carefully, so as to do the right thing. They were methodical, count through count. A few jurors had difficulty with two of the counts; they had to have things spelled out for them. There were some jurors with relevant depthful knowledge. She was one of them, as she works in a courtroom.
Kenneth Lay’s family smiled at the jury when they came in. But, Ms. Fernandez put it aside, as she saw the jury duty as a job that had to be done. She said that Americans do take their jury duties seriously. The Enron jurors felt no time pressure, and did the right thing because the decision would always be with them. She ended by saying that she and the other jurors still socialize together.
The third segment featured Mr. Newman and Ms. Crockett, with the general topic of how stressed both Conrad and his wife are. Mr. Newman noted that Conrad never talked in the courtroom, and that he commands the attention of the room without talking. He described Conrad Black as “exasperated,” and opined that Conrad believes that he’s “above it all.”
Ms. Crockett, on the other hand, pegged him as “resilient.” The source of his charisma, she ventured, could be visible signs of him thinking without talking. He only shows irritation occasionally; normally, according to eyewitness accounts, he's been quite patient. Barbara, though, is different. She’s more “fragile.”
Mr. Newman then described Barbara as intelligent and attractive, but with her feet not on the ground. This character trait shows in her spending behaviour. He pointed to them staying in the Ritz-Carlton, as opposed to the more modest Radisson which Conrad alone may have preferred, as evidence of that trait. Ms. Crockett disagreed with his interpretation by saying that both have a role to play.
There was further disagreement between the two about the convictability of the obstruction of justice charge. Mr. Newman pointed to the tape and the timing, while Ms. Crockett pointed out that Conrad had had no notification from the SEC at that time.
Barbara will find it harder to accept a guilty verdict, according to Mr. Newman, because she's now used to an extravagant lifestyle. Ms. Crockett replied, disagreeing with Mr. Newman regarding Barbara's habituation to wealth, that she can go back to her poverty-laced roots. When asked by Ms. Todd about how Black would adjust to prison if convicted, Ms. Crockett replied that he’s cerebral. Most likely, he'd cope through reading and writing, and would continue the fight from jail. Mr. Newman pointed out that he may not be permitted to do so in jail. Ms. Todd finished this segment by asking them both if the couple will stay together should Conrad be convicted. Mr. Newman said that Barbara probably wouldn't stay, and Ms. Crockett replied that the two are very close, so she doesn’t know.
Ms. Todd's closing editorial dealt with the wait for the end of deliberations. She said there were “troubling” signs that the jurors are having trouble with the evidence itself - that confusion, not disagreement, may be what’s causing the deadlock. The transcript asked for, a journalist (unnamed by Ms. Todd) had noted, corresponded to a time in the trial when one juror was sound asleep.
In the opening segment, Csr. Lisnek speculated that the jurors have tried a start-from-scratch technique. He squared this guess with Ms. Todd pointing out the jurors' earlier request for advice by comparing them to people in school working out a difficult problem, whose teacher told them to have another crack at it. No-one knows how far they have to go. There doesn’t seem to be any real conflict in the deliberations room, just disagreement based upon key pieces of evidence. He agreed with Ms. Todd that the deadlock is most probably due to some jurors refusing to convict. It's highly unlikely that it’s eleven versus one, despite the glamour of that scenario indicating otherwise. When asked by Ms. Todd if there was lack of unanimity for each charge, he said it was “possible” but it could also be one count only, an alternative he seemed to believe was the most accurate one.
After Csr. Lisnek was finished, Ms. Todd mentioned the Enron case, which took six days of deliberation. Then, her next guest, Dana Fernandez, came on. Ms. Fernandez said that the Enron jury went through every piece of evidence for each count and trod carefully, so as to do the right thing. They were methodical, count through count. A few jurors had difficulty with two of the counts; they had to have things spelled out for them. There were some jurors with relevant depthful knowledge. She was one of them, as she works in a courtroom.
Kenneth Lay’s family smiled at the jury when they came in. But, Ms. Fernandez put it aside, as she saw the jury duty as a job that had to be done. She said that Americans do take their jury duties seriously. The Enron jurors felt no time pressure, and did the right thing because the decision would always be with them. She ended by saying that she and the other jurors still socialize together.
The third segment featured Mr. Newman and Ms. Crockett, with the general topic of how stressed both Conrad and his wife are. Mr. Newman noted that Conrad never talked in the courtroom, and that he commands the attention of the room without talking. He described Conrad Black as “exasperated,” and opined that Conrad believes that he’s “above it all.”
Ms. Crockett, on the other hand, pegged him as “resilient.” The source of his charisma, she ventured, could be visible signs of him thinking without talking. He only shows irritation occasionally; normally, according to eyewitness accounts, he's been quite patient. Barbara, though, is different. She’s more “fragile.”
Mr. Newman then described Barbara as intelligent and attractive, but with her feet not on the ground. This character trait shows in her spending behaviour. He pointed to them staying in the Ritz-Carlton, as opposed to the more modest Radisson which Conrad alone may have preferred, as evidence of that trait. Ms. Crockett disagreed with his interpretation by saying that both have a role to play.
There was further disagreement between the two about the convictability of the obstruction of justice charge. Mr. Newman pointed to the tape and the timing, while Ms. Crockett pointed out that Conrad had had no notification from the SEC at that time.
Barbara will find it harder to accept a guilty verdict, according to Mr. Newman, because she's now used to an extravagant lifestyle. Ms. Crockett replied, disagreeing with Mr. Newman regarding Barbara's habituation to wealth, that she can go back to her poverty-laced roots. When asked by Ms. Todd about how Black would adjust to prison if convicted, Ms. Crockett replied that he’s cerebral. Most likely, he'd cope through reading and writing, and would continue the fight from jail. Mr. Newman pointed out that he may not be permitted to do so in jail. Ms. Todd finished this segment by asking them both if the couple will stay together should Conrad be convicted. Mr. Newman said that Barbara probably wouldn't stay, and Ms. Crockett replied that the two are very close, so she doesn’t know.
Ms. Todd's closing editorial dealt with the wait for the end of deliberations. She said there were “troubling” signs that the jurors are having trouble with the evidence itself - that confusion, not disagreement, may be what’s causing the deadlock. The transcript asked for, a journalist (unnamed by Ms. Todd) had noted, corresponded to a time in the trial when one juror was sound asleep.
Media Roundup: Trickle To Flood
The media reports, webbed overnight and this morning, on the Conrad Black trial have turned into a veritable flood of articles, most of which cover yesterday's events because there was no newsworthy trial event today. Below is a selection from them:
1. Eric Ferkenhoff of the New York Times has a report that quotes the deadlock note, and Judge St. Eve's words as she sent them back in: "Judge St. Eve told the panel to make 'every reasonable effort' to reach a verdict in the case..." It also mentions that Ron Safer clarified his request in court for the jury to return a partial verdict: "He later said that he was not seeking a [partial] mistrial, but was simply asking the judge to allow the jury to return the verdict they saw fit."
2. A report by FT.com's Stephanie Kirchgaessner, as webbed by MSNBC.com, summarizes the late-afternoon part of the trial, which began with the jury sending the deadlock note to the judge. When discussing Judge St. Eve sending the jury back, it notes that "In making her ruling, [she]rejected a plea by chief prosecutor Eric Sussman that jurors should be instructed that they could return a partial verdict if they chose, though she did not rule out that possibility in the future."
3. 580 CFRA has webbed a brief report on the deadlock note and the continuation of deliberations.
4. Monsters and Critics has webbed a similar brief report from United Press International.
5. A report by Dave Carpenter of the Associated Press has been webbed by the Washington Post. It adds to the FT.com report above by noting that Csr. Sussman asked for a partial verdict as part of an overall plea for the jury to keep deliberating.
6. Mary Vallis and Barbara Schecter of the National Post have co-written a report that captures all the events surrounding the deadlock note and resumption of deliberations. It also quotes Edward Genson, who predicted a verdict for today, and Hugh Totten, who speculated that "the jury is stuck on the fate of a particular co-defendant." The report also points out that "[t]he jurors appeared frustrated as they filed back into the courtroom in casual clothes. They paid close attention as St. Eve re-read the entire instruction and did not make eye contact with Black... or his three co-defendants, Jack Boultbee, Peter Atkinson and Mark Kipnis."
7. A Canadian Press report by Romina Maurino, as webbed by CBC News, fills in more details on yesterday's events, including a more complete version of Csr. Genson's quoted reaction: "'We'll either get a partial or a full verdict [today]... Generally speaking when it's partially done they don't finish the rest of it. They never go back for the rest. It's just partial and that's the end of it.'" The report also clarifies that "[a]ssistant U.S. attorney Eric Sussman asked the court to advise the jury of its options - that they can return a partial verdict and then continue to deliberate on the others or simply continue to deliberate on all counts." It's one of the few reports to recount the forfeiture hearing, held this morning, at its end.
8. Joe Warmington's latest column, as webbed by the Winnipeg Sun, starts off with a mention of Conrad Black flipping "a bird" to the reporters waiting for him yesterday afternoon, before discussing the deadlock note. He passes along a split in journalist opinion: the Canadians are leaning towards acquittal, while the Brits are leaning towards a conviction on some counts.
9. Sky News has webbed its own brief summary report on the deadlock note.
10. Paul Waldie and Tara Perkins have co-written a report for the Globe and Mail, which begins with: "Jurors in the Conrad Black trial appear to be close to ending their deliberations and some lawyers expect verdicts as early as Wednesday." The relevant statement are quoted copiously throughout it.
11. A report by Ameet Sachdev of the Chicago Tribune mentions that the part of the 75th instruction that Judge St. Eve re-read to the jury is the relevant "dynamite instruction," meant to break apart a deadlock.
12. CTV NewsNet aired a report by Rosemary Thompson at 8:31 AM ET. She said that the jurors will contine, resuming deliberations at 9 AM CT. They should send out more notes today, which will give clues to the jurors' collective state of mind. Ms. Thompson also mentioned the bird-flip, but sympathized with Conrad.
13. James Bone's report, webbed by the Times Online, mentions that Conrad Black looked "blankly" at the jury as they entered the courtroom yesterday afternoon.
14. Also webbed by the Globe is a report by Sandra Rubin on Csr. Totten's use of the trial as a strategy to get some public exposure for the firm he's with, Perkins Coie. It specifies his role at P,C: recruiting partner. It also costs the 'expense' of him spending his time as a trial expert.
15. Mary Wisniewski of the Chicago Sun-Times has written a report that starts off with: "The note sent by the Conrad Black jury Tuesday was as tough to interpret as a paragraph by James Joyce." Her report also specifies that the dynamite instruction that's already part of the 75th is the "'Silvern"' instruction. It also quotes an expert, Prof. Bernard Harcourt, as saying that the deadlock "'suggests that there is some dissension one way or another in the jury room.'"
16. The Toronto Star has webbed a report by Rick Westhead, with Robyn Doolittle, which also quotes copiously from the jury note and Judge St. Eve's response when sending the jurors back in.
17. A report from Janet Whitman of the New York Post is entitled "Jury Deadlock: Judge Orders Continued Deliberations In Black Trial." An expert, Lee Dunst, is quoted as saying that guessing at the jurors' partial verdict right now is bound to yield a forecast that's too inaccurate to be of any definite worth.
18. Joanna Walters of the Daily Express has written a report that summarizes the deadlock. Her report is the second one to mention the forfeiture hearing that took place yesterday morning.
19. BNN aired an update from Amanda Lang at 10:08 AM ET. She reported that the jurors are back, and are deliberating. Conrad Black "seems relaxed," although he must be under tremendous pressure. The American media is coming in.
20. BNN also aired an interview with Jacob Frenkel, at 11:10 AM ET. Csr. Frenkel said that no-one knows when a verdict will come down. The judge isn't pressuring the jury to come to a verdict, as of yet. If she does, then there will be a special instruction for them to do so. The judge decides on when the jury is hung; then, it's up to the government to decide whether or not to proceed with a re-indictment. If one or more defendants are convicted on one or more charges, the government may drop the charges that resulted in a hung jury. He mentioned the burden of proof, especially in relation to an upcoming SEC case which has a lower one. If there's a conviction, the judge is bound by the applicable sentencing guidelines, so the prosecution's 'batting average' isn't relevant to the sentencing. He ended by settling upon this week, but not necessarily today, as the timeframe in which a verdict will be delivered.
21. Also aired by BNN was an interview with Bill Lawler, at 1:45 PM. Csr. Lawler noted that most juries who get deadlocked eventually reach a verdict. The jurors have been forbidden to reveal the extent of the split. The judge has discretion to accept a partial verdict, as well as discretion on how many times to send the jury back: the judge can even accept a partial verdict but not for every charge, and send the jurors back to deliberating on the remainder. Csr. Lawler believes that the acceptance of a partial verdict would be favorable to the prosecution, for two reasons: one, doing so might staunch a momentum towards acquittal; two, the prosecution can retry the charges that the jury got hung on with knowledge of what worked, and what didn’t work, in trial. An appeal isn’t automatic, but notification of the right to an appeal is. Requests to stay out of jail pending appeal is routinely granted, but far from a guaranteed grant. 'Scooter' Libby had his request turned down.
22. CTV News aired an update from Rosemary Thompson at 3:01 PM ET. She reported that Conrad spent the morning in his lawyer's office, and went for a walk with his wife in the afternoon. While out, he complained about media coverage of him to a cameraman. The jury is still deliberating, and will do so until 4:45 PM CT unless they hand down a verdict or leave early. There's still an expectation that there'll be a verdict today, but no certainty.
23. A report by Romina Maurino, webbed by the Montreal West End Chronicle, contains a prediction by Csr. Frenkel for a split verdict, with a guilty verdict on some indictments and not guilty on others. He's quoted further, as is Andrew Stoltmann on the deliberation process. It ends with a brief item about Judge St. Eve turning her attention to the sentencing of Muhammad Salah. (No sentence is included in that part of the report.)
24. BNN further aired, at 4:10 PM ET, an interview with Csr. Totten. He believes that Judge St. Eve probably won't send the jury back two-three times; there's the risk of a coercion issue to consider. The jury may very well deliver an unexpected verdict. On the subject of appeal, he also said it's too early to predict the outcome of any appeal of a guilty verdict. Any appeal would probably launch right after the verdict, but is likely to take a year to be settled given the current timeframe of appeals.
25. As part of the intermittent broadcasts on the wait, BNN aired an interview with Steve Merican, an appellate lawyer, at 5:12 PM ET. He thinks the jury is “fatigued,” or tired. They're probably engaged in conflict resolution, and will give the reach for unanimity “a good try.” The deadlock could be due to emerging personality conflicts which are being smoothed out. He thinks that the request for advice from the judge is “profoundly pro-defense.” He would also advise against accepting a partial verdict if asked by the defense. After the interview was over, co-host Jacquie McNish agreed with Csr. Merican, and speculated that a partial verdict would be the worst outcome for both prosecution and defense.
26. Interviewed right afterwards, at 5:23 PM ET, was Andrew Stoltmann, a securities lawyer and regular trial watcher. Csr. Stoltmann discussed the weaknesses of the prosecution’s case. The biggest problem that the prosecutors had was the volume of evidence and length of the trial. He gave general 50-50 odds for cases of this sort to end in a hung jury after a deadlock. Adding the RICO charge was the biggest mistake the prosecutors made; the concentration of accounting details in the presentation of the evidence was another mistake. A third one may have been trying the four defendants together, because the trial had to be dragged out even further. Three or more defendants tends to make a prosecution unwieldy.
Csr. Stoltmann guessed that the jury is deadlocked on at least some of the charges relating to the non-compete payments. He also said that the prosecution had a good case, especially with the generally easy-to-prove obstruction of justice charge, but they slipped because they“overtried” it. If there is a hung jury, the best bet is the prosecution will refile charges. The prosecution has much better odds when retrying a case of this sort, as the presentation is usually much improved.
What the SEC may do is important for Mr. Black right now because he signed a consent decree in 1982, which gives the regulatory agency the right to go after him with criminal charges for any further violation of securities laws. Most likely, they’ll lay a charge if he’s convicted on one or two counts.
With regard to jailing if convicted, Csr. Stoltmann said that Conrad Black will probably not be remanded until the sentencing hearing, 3-4 months later. He finished by noting that this case would have been treated as a civil trial, unambiguously, pre-Enron.
27. At about 5:40 PM ET, Ms. Lang reported on BNN that the jury is done for the day, with no verdict reached.
28. BBC News has webbed a report that summarizes yesterday afternoon's deadlock and today's continuance of deliberations. It also has a brief background on partial verdicts.
29. At 5:56 PM ET, Ms. Lang reported on BNN that the first juror out, a man, looked either angry or unhappy.
30 An end-of-day report, webbed by 1130 News, confirms that the verdict is still out of reach.
31. The Associated Press' end-of-day report is out also, as webbed by Forbes.com.
32. Reuters' is too, although it ends with a brief recap of yesterday's deadlock.
33. A report by Mary Vallis and Barbara Shecter, as webbed by Canada.com, covers the same ground, but contains an extended quote from Csr. Totten.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has written a rundown on what verdict he would consider to be a victory for the U.S. government, and what one would not be. He also suggests that Conrad Black is easy to single out because he's "not driven by money but by strange obsolescent obsessions.... as I told Hollinger execs back then, I think it took his eye off the corporate ball at a critical time. That's one reason I believe he's innocent: At the time he was supposed to be Mister Corporate Kleptocrat, most of his energy was being devoted to suing his way into the House of Lords." A more recent entry, after informing his readers that he's going on assignment, directs his readers to another Maclean's trial blog, with entries by Steve Maich. [The first entry today by Mr. Maich was posted at 2:26 PM ET.]
Matthew McClearn, in the Canadian Business Black trial blog, starts off with a report on the waiting journalists. "The jury of the USA vs. Conrad Black et al trial in Chicago had been out nine days, and the press corps was becoming quite loopy. Scattered on the 12th floor hallway of the Everett McKinley Dirksen federal building, or occupying nearby cafes, the over-caffeinated journalists played euchre, worked on other news assignments or generally tried to occupy themselves as they awaited a verdict. Photographers and broadcast journalists lounged about in camping chairs in the first floor media pen. An anxious mood prevailed...." He returns to the same subject after recounting yesterday afternoon's events.
Also, Douglas Bell, in the Toronto Life Conrad Black trial blog, marvels at the paraphrases of "deadlock" that were used before communicating the widespread uncertainty over the outcome.
1. Eric Ferkenhoff of the New York Times has a report that quotes the deadlock note, and Judge St. Eve's words as she sent them back in: "Judge St. Eve told the panel to make 'every reasonable effort' to reach a verdict in the case..." It also mentions that Ron Safer clarified his request in court for the jury to return a partial verdict: "He later said that he was not seeking a [partial] mistrial, but was simply asking the judge to allow the jury to return the verdict they saw fit."
2. A report by FT.com's Stephanie Kirchgaessner, as webbed by MSNBC.com, summarizes the late-afternoon part of the trial, which began with the jury sending the deadlock note to the judge. When discussing Judge St. Eve sending the jury back, it notes that "In making her ruling, [she]rejected a plea by chief prosecutor Eric Sussman that jurors should be instructed that they could return a partial verdict if they chose, though she did not rule out that possibility in the future."
3. 580 CFRA has webbed a brief report on the deadlock note and the continuation of deliberations.
4. Monsters and Critics has webbed a similar brief report from United Press International.
5. A report by Dave Carpenter of the Associated Press has been webbed by the Washington Post. It adds to the FT.com report above by noting that Csr. Sussman asked for a partial verdict as part of an overall plea for the jury to keep deliberating.
6. Mary Vallis and Barbara Schecter of the National Post have co-written a report that captures all the events surrounding the deadlock note and resumption of deliberations. It also quotes Edward Genson, who predicted a verdict for today, and Hugh Totten, who speculated that "the jury is stuck on the fate of a particular co-defendant." The report also points out that "[t]he jurors appeared frustrated as they filed back into the courtroom in casual clothes. They paid close attention as St. Eve re-read the entire instruction and did not make eye contact with Black... or his three co-defendants, Jack Boultbee, Peter Atkinson and Mark Kipnis."
7. A Canadian Press report by Romina Maurino, as webbed by CBC News, fills in more details on yesterday's events, including a more complete version of Csr. Genson's quoted reaction: "'We'll either get a partial or a full verdict [today]... Generally speaking when it's partially done they don't finish the rest of it. They never go back for the rest. It's just partial and that's the end of it.'" The report also clarifies that "[a]ssistant U.S. attorney Eric Sussman asked the court to advise the jury of its options - that they can return a partial verdict and then continue to deliberate on the others or simply continue to deliberate on all counts." It's one of the few reports to recount the forfeiture hearing, held this morning, at its end.
8. Joe Warmington's latest column, as webbed by the Winnipeg Sun, starts off with a mention of Conrad Black flipping "a bird" to the reporters waiting for him yesterday afternoon, before discussing the deadlock note. He passes along a split in journalist opinion: the Canadians are leaning towards acquittal, while the Brits are leaning towards a conviction on some counts.
9. Sky News has webbed its own brief summary report on the deadlock note.
10. Paul Waldie and Tara Perkins have co-written a report for the Globe and Mail, which begins with: "Jurors in the Conrad Black trial appear to be close to ending their deliberations and some lawyers expect verdicts as early as Wednesday." The relevant statement are quoted copiously throughout it.
11. A report by Ameet Sachdev of the Chicago Tribune mentions that the part of the 75th instruction that Judge St. Eve re-read to the jury is the relevant "dynamite instruction," meant to break apart a deadlock.
12. CTV NewsNet aired a report by Rosemary Thompson at 8:31 AM ET. She said that the jurors will contine, resuming deliberations at 9 AM CT. They should send out more notes today, which will give clues to the jurors' collective state of mind. Ms. Thompson also mentioned the bird-flip, but sympathized with Conrad.
13. James Bone's report, webbed by the Times Online, mentions that Conrad Black looked "blankly" at the jury as they entered the courtroom yesterday afternoon.
14. Also webbed by the Globe is a report by Sandra Rubin on Csr. Totten's use of the trial as a strategy to get some public exposure for the firm he's with, Perkins Coie. It specifies his role at P,C: recruiting partner. It also costs the 'expense' of him spending his time as a trial expert.
15. Mary Wisniewski of the Chicago Sun-Times has written a report that starts off with: "The note sent by the Conrad Black jury Tuesday was as tough to interpret as a paragraph by James Joyce." Her report also specifies that the dynamite instruction that's already part of the 75th is the "'Silvern"' instruction. It also quotes an expert, Prof. Bernard Harcourt, as saying that the deadlock "'suggests that there is some dissension one way or another in the jury room.'"
16. The Toronto Star has webbed a report by Rick Westhead, with Robyn Doolittle, which also quotes copiously from the jury note and Judge St. Eve's response when sending the jurors back in.
17. A report from Janet Whitman of the New York Post is entitled "Jury Deadlock: Judge Orders Continued Deliberations In Black Trial." An expert, Lee Dunst, is quoted as saying that guessing at the jurors' partial verdict right now is bound to yield a forecast that's too inaccurate to be of any definite worth.
18. Joanna Walters of the Daily Express has written a report that summarizes the deadlock. Her report is the second one to mention the forfeiture hearing that took place yesterday morning.
19. BNN aired an update from Amanda Lang at 10:08 AM ET. She reported that the jurors are back, and are deliberating. Conrad Black "seems relaxed," although he must be under tremendous pressure. The American media is coming in.
20. BNN also aired an interview with Jacob Frenkel, at 11:10 AM ET. Csr. Frenkel said that no-one knows when a verdict will come down. The judge isn't pressuring the jury to come to a verdict, as of yet. If she does, then there will be a special instruction for them to do so. The judge decides on when the jury is hung; then, it's up to the government to decide whether or not to proceed with a re-indictment. If one or more defendants are convicted on one or more charges, the government may drop the charges that resulted in a hung jury. He mentioned the burden of proof, especially in relation to an upcoming SEC case which has a lower one. If there's a conviction, the judge is bound by the applicable sentencing guidelines, so the prosecution's 'batting average' isn't relevant to the sentencing. He ended by settling upon this week, but not necessarily today, as the timeframe in which a verdict will be delivered.
21. Also aired by BNN was an interview with Bill Lawler, at 1:45 PM. Csr. Lawler noted that most juries who get deadlocked eventually reach a verdict. The jurors have been forbidden to reveal the extent of the split. The judge has discretion to accept a partial verdict, as well as discretion on how many times to send the jury back: the judge can even accept a partial verdict but not for every charge, and send the jurors back to deliberating on the remainder. Csr. Lawler believes that the acceptance of a partial verdict would be favorable to the prosecution, for two reasons: one, doing so might staunch a momentum towards acquittal; two, the prosecution can retry the charges that the jury got hung on with knowledge of what worked, and what didn’t work, in trial. An appeal isn’t automatic, but notification of the right to an appeal is. Requests to stay out of jail pending appeal is routinely granted, but far from a guaranteed grant. 'Scooter' Libby had his request turned down.
22. CTV News aired an update from Rosemary Thompson at 3:01 PM ET. She reported that Conrad spent the morning in his lawyer's office, and went for a walk with his wife in the afternoon. While out, he complained about media coverage of him to a cameraman. The jury is still deliberating, and will do so until 4:45 PM CT unless they hand down a verdict or leave early. There's still an expectation that there'll be a verdict today, but no certainty.
23. A report by Romina Maurino, webbed by the Montreal West End Chronicle, contains a prediction by Csr. Frenkel for a split verdict, with a guilty verdict on some indictments and not guilty on others. He's quoted further, as is Andrew Stoltmann on the deliberation process. It ends with a brief item about Judge St. Eve turning her attention to the sentencing of Muhammad Salah. (No sentence is included in that part of the report.)
24. BNN further aired, at 4:10 PM ET, an interview with Csr. Totten. He believes that Judge St. Eve probably won't send the jury back two-three times; there's the risk of a coercion issue to consider. The jury may very well deliver an unexpected verdict. On the subject of appeal, he also said it's too early to predict the outcome of any appeal of a guilty verdict. Any appeal would probably launch right after the verdict, but is likely to take a year to be settled given the current timeframe of appeals.
25. As part of the intermittent broadcasts on the wait, BNN aired an interview with Steve Merican, an appellate lawyer, at 5:12 PM ET. He thinks the jury is “fatigued,” or tired. They're probably engaged in conflict resolution, and will give the reach for unanimity “a good try.” The deadlock could be due to emerging personality conflicts which are being smoothed out. He thinks that the request for advice from the judge is “profoundly pro-defense.” He would also advise against accepting a partial verdict if asked by the defense. After the interview was over, co-host Jacquie McNish agreed with Csr. Merican, and speculated that a partial verdict would be the worst outcome for both prosecution and defense.
26. Interviewed right afterwards, at 5:23 PM ET, was Andrew Stoltmann, a securities lawyer and regular trial watcher. Csr. Stoltmann discussed the weaknesses of the prosecution’s case. The biggest problem that the prosecutors had was the volume of evidence and length of the trial. He gave general 50-50 odds for cases of this sort to end in a hung jury after a deadlock. Adding the RICO charge was the biggest mistake the prosecutors made; the concentration of accounting details in the presentation of the evidence was another mistake. A third one may have been trying the four defendants together, because the trial had to be dragged out even further. Three or more defendants tends to make a prosecution unwieldy.
Csr. Stoltmann guessed that the jury is deadlocked on at least some of the charges relating to the non-compete payments. He also said that the prosecution had a good case, especially with the generally easy-to-prove obstruction of justice charge, but they slipped because they“overtried” it. If there is a hung jury, the best bet is the prosecution will refile charges. The prosecution has much better odds when retrying a case of this sort, as the presentation is usually much improved.
What the SEC may do is important for Mr. Black right now because he signed a consent decree in 1982, which gives the regulatory agency the right to go after him with criminal charges for any further violation of securities laws. Most likely, they’ll lay a charge if he’s convicted on one or two counts.
With regard to jailing if convicted, Csr. Stoltmann said that Conrad Black will probably not be remanded until the sentencing hearing, 3-4 months later. He finished by noting that this case would have been treated as a civil trial, unambiguously, pre-Enron.
27. At about 5:40 PM ET, Ms. Lang reported on BNN that the jury is done for the day, with no verdict reached.
28. BBC News has webbed a report that summarizes yesterday afternoon's deadlock and today's continuance of deliberations. It also has a brief background on partial verdicts.
29. At 5:56 PM ET, Ms. Lang reported on BNN that the first juror out, a man, looked either angry or unhappy.
30 An end-of-day report, webbed by 1130 News, confirms that the verdict is still out of reach.
31. The Associated Press' end-of-day report is out also, as webbed by Forbes.com.
32. Reuters' is too, although it ends with a brief recap of yesterday's deadlock.
33. A report by Mary Vallis and Barbara Shecter, as webbed by Canada.com, covers the same ground, but contains an extended quote from Csr. Totten.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has written a rundown on what verdict he would consider to be a victory for the U.S. government, and what one would not be. He also suggests that Conrad Black is easy to single out because he's "not driven by money but by strange obsolescent obsessions.... as I told Hollinger execs back then, I think it took his eye off the corporate ball at a critical time. That's one reason I believe he's innocent: At the time he was supposed to be Mister Corporate Kleptocrat, most of his energy was being devoted to suing his way into the House of Lords." A more recent entry, after informing his readers that he's going on assignment, directs his readers to another Maclean's trial blog, with entries by Steve Maich. [The first entry today by Mr. Maich was posted at 2:26 PM ET.]
Matthew McClearn, in the Canadian Business Black trial blog, starts off with a report on the waiting journalists. "The jury of the USA vs. Conrad Black et al trial in Chicago had been out nine days, and the press corps was becoming quite loopy. Scattered on the 12th floor hallway of the Everett McKinley Dirksen federal building, or occupying nearby cafes, the over-caffeinated journalists played euchre, worked on other news assignments or generally tried to occupy themselves as they awaited a verdict. Photographers and broadcast journalists lounged about in camping chairs in the first floor media pen. An anxious mood prevailed...." He returns to the same subject after recounting yesterday afternoon's events.
Also, Douglas Bell, in the Toronto Life Conrad Black trial blog, marvels at the paraphrases of "deadlock" that were used before communicating the widespread uncertainty over the outcome.
Tuesday, July 10, 2007
The Headline Report From CBC News
CBC News' The National had its first report on the jury deadlock, which featured the correspondent Alison Smith. She reported that, after the nine days of deliberations, there was a scurry once the existence of the note was revealed. Conrad appeared calm; he had said earlier that he had anticipated all contingencies. Two experts noted how uncertain the outcome still is. Conrad Black said "no comment" in French when he left earlier today.
After Ms. Smith was done, Hugh Totten was interviewed. He has compared this stage of the trial to a game of chicken, with the judge, the jury and the lawyers risking collision with each other. It isn't known how far each can go until grounds for appeal are reached.
No-one knows what the differences in the jury room are about. It's likely that jurors will deadlock again tomorrow. If there's a partial hung jury, things will get dicey. Judge St. Eve could keep sending them in, but doing so repeatedly could be construed as “coercive:” appeals have been granted on this basis. The mounting costs may be an issue, for both sides, regarding a future trial. So, if the jury is hung on some of the charges, the prosecution may fold its hand.
----------
Douglas Bell, in the Toronto Life Conrad Black trial blog, has written an entry that has his eyewitness view of the deadlock note being read out.
After Ms. Smith was done, Hugh Totten was interviewed. He has compared this stage of the trial to a game of chicken, with the judge, the jury and the lawyers risking collision with each other. It isn't known how far each can go until grounds for appeal are reached.
No-one knows what the differences in the jury room are about. It's likely that jurors will deadlock again tomorrow. If there's a partial hung jury, things will get dicey. Judge St. Eve could keep sending them in, but doing so repeatedly could be construed as “coercive:” appeals have been granted on this basis. The mounting costs may be an issue, for both sides, regarding a future trial. So, if the jury is hung on some of the charges, the prosecution may fold its hand.
----------
Douglas Bell, in the Toronto Life Conrad Black trial blog, has written an entry that has his eyewitness view of the deadlock note being read out.
The Verdict: Hanging Ambiguities
The entire episode of The Verdict tonight was devoted to the Conrad Black trial. The first segment had Rosemary Thompson recounting the events since 3:30 this afternoon, and most of the rest was devoted to legal and jury analysis.
Ms. Thompson reported that the jurors returned a note saying that they had agreed on some charges but not all. They made a point of how carefully they had read “page 75” of jury instructions. The judge began speaking to the lawyers, and sent the jurors back in. They’re now home, and will deliberate starting at 9 AM CT. There will probably be a verdict tomorrow. Conrad Black himself arrived suddenly, without his family, and was “mobbed” by the press as he went in, according to Ms. Thompson. He was “light-hearted” then, but was solemn when the note was read. The prosecution seems to want a long deliberation; they're the ones who don’t want to hurry. In situations like this, the judge usually sends the jury back in.
The next segment featured Paul Lisnek, a jury expert. He concluded that this deadlock seems to be better news for the defense than for the prosecution. Deadlocks tend to result from real doubt in the room. But, jurors do change their minds after the night break. The least likely cause for it would be personality conflicts. The more likely cause would be different weighings given to the same evidence. The jury may have been looking for new advice from the judge. This is where it gets tricky for the judge, as grounds for an appeal due to improper jury influence can arise at this stage. The use of a dynamite instruction” (the Allen instruction) carries that risk. It could be brought into play if jurors retire tomorrow afternoon, but the latter's not likely. Csr. Lisnek’s call was for a verdict late tomorrow afternoon. He believes that the jury are having trouble with the primary charges, the frauds.
The third segment feauted veteran trial-observers Ted Chung and Steve Skurka. Csr. Chung said that his first reaction was a lack of surprise, as it has been a “close case.” He agreed with Csr. Lisnek that it bodes well for the defense. The Allen instruction is used fairly frequently in trials of this sort; most often, Allen instructions result in convictions.
Csr. Skurka said that the prosecution's reaction was shock; the defense was excited. He believes that the jury is stuck on the perks and other ancillary charges for Conrad Black, and has agreed to acquit on the others. Csr. Chung called that assessment “optimistic.” Csr. Skurka justified his call on this basis: a guilty verdict on the the central charges should carry the others. Csr. Chung responded that they don’t know the relative seriousness of the charges, and may be hung up on the “conceptually difficult” racketeering charge. He also noted that Ron Safer, with his get-on-with-it request, may be laying a foundation for an appeal.
After a less legal-centric segment featuring journalists Margaret Wente and Joanna Walters, a legal roundtable began. It started off with a televised quote from Edward Genson saying that it will probably be over tomorrow, and that it’s too ambiguous to call. Then, the three guests - Prof. Albert Alschuler, James Morton and Lenny Hochberg - were introduced.
Csr. Hochberg began by saying that he wasn't sure that the deadlock was good for the defense. Csr. Morton opined that the non-compete-related fraud charges were what the jurors were hung up on. It wasn't really a complete victory for the defense. Csr. Hochberg added that the jury may be daunted by the seriousness of the charges, especially the racketeering charges. Prof. Alschuler said that the jury may simply be confused at the charges' seriousness, plus the volume of detail and ambiguity of the evidence. Cases of this sort may be too complicated for a jury because of these ambiguities.
Csr. Morton disagreed with that opinion, saying that the nub of the case isn’t complicated. The prosecution's case was “compelling,” but not beyond reasonable doubt. He repeated his earlier prediction of acquittal. Csr. Hochberg sided alongside Eddie Greenspan while concurring. Prof. Alschuler added that the prosecution may have been too callow to carry the case unambiguously.
Ms. Todd counterpointed Patrick J. Fitzgerald’s reputation to Csr. Greenspan's. She then brought up the jurors' transcript request, which was denied them, and asked if the jurors are trying to make the decision without considering all of the evidence. Prof. Alschuler replied that jurors aren’t superbeings. Csr. Morton pointed out that people do use heuristics, but jurors have at least seemed well-organized. When asked by Ms. Todd if a retrial would be simpler, he said no.
Ms. Thompson reported that the jurors returned a note saying that they had agreed on some charges but not all. They made a point of how carefully they had read “page 75” of jury instructions. The judge began speaking to the lawyers, and sent the jurors back in. They’re now home, and will deliberate starting at 9 AM CT. There will probably be a verdict tomorrow. Conrad Black himself arrived suddenly, without his family, and was “mobbed” by the press as he went in, according to Ms. Thompson. He was “light-hearted” then, but was solemn when the note was read. The prosecution seems to want a long deliberation; they're the ones who don’t want to hurry. In situations like this, the judge usually sends the jury back in.
The next segment featured Paul Lisnek, a jury expert. He concluded that this deadlock seems to be better news for the defense than for the prosecution. Deadlocks tend to result from real doubt in the room. But, jurors do change their minds after the night break. The least likely cause for it would be personality conflicts. The more likely cause would be different weighings given to the same evidence. The jury may have been looking for new advice from the judge. This is where it gets tricky for the judge, as grounds for an appeal due to improper jury influence can arise at this stage. The use of a dynamite instruction” (the Allen instruction) carries that risk. It could be brought into play if jurors retire tomorrow afternoon, but the latter's not likely. Csr. Lisnek’s call was for a verdict late tomorrow afternoon. He believes that the jury are having trouble with the primary charges, the frauds.
The third segment feauted veteran trial-observers Ted Chung and Steve Skurka. Csr. Chung said that his first reaction was a lack of surprise, as it has been a “close case.” He agreed with Csr. Lisnek that it bodes well for the defense. The Allen instruction is used fairly frequently in trials of this sort; most often, Allen instructions result in convictions.
Csr. Skurka said that the prosecution's reaction was shock; the defense was excited. He believes that the jury is stuck on the perks and other ancillary charges for Conrad Black, and has agreed to acquit on the others. Csr. Chung called that assessment “optimistic.” Csr. Skurka justified his call on this basis: a guilty verdict on the the central charges should carry the others. Csr. Chung responded that they don’t know the relative seriousness of the charges, and may be hung up on the “conceptually difficult” racketeering charge. He also noted that Ron Safer, with his get-on-with-it request, may be laying a foundation for an appeal.
After a less legal-centric segment featuring journalists Margaret Wente and Joanna Walters, a legal roundtable began. It started off with a televised quote from Edward Genson saying that it will probably be over tomorrow, and that it’s too ambiguous to call. Then, the three guests - Prof. Albert Alschuler, James Morton and Lenny Hochberg - were introduced.
Csr. Hochberg began by saying that he wasn't sure that the deadlock was good for the defense. Csr. Morton opined that the non-compete-related fraud charges were what the jurors were hung up on. It wasn't really a complete victory for the defense. Csr. Hochberg added that the jury may be daunted by the seriousness of the charges, especially the racketeering charges. Prof. Alschuler said that the jury may simply be confused at the charges' seriousness, plus the volume of detail and ambiguity of the evidence. Cases of this sort may be too complicated for a jury because of these ambiguities.
Csr. Morton disagreed with that opinion, saying that the nub of the case isn’t complicated. The prosecution's case was “compelling,” but not beyond reasonable doubt. He repeated his earlier prediction of acquittal. Csr. Hochberg sided alongside Eddie Greenspan while concurring. Prof. Alschuler added that the prosecution may have been too callow to carry the case unambiguously.
Ms. Todd counterpointed Patrick J. Fitzgerald’s reputation to Csr. Greenspan's. She then brought up the jurors' transcript request, which was denied them, and asked if the jurors are trying to make the decision without considering all of the evidence. Prof. Alschuler replied that jurors aren’t superbeings. Csr. Morton pointed out that people do use heuristics, but jurors have at least seemed well-organized. When asked by Ms. Todd if a retrial would be simpler, he said no.
Jury Deadlock
[NOTE: In consonance with MSNBC's highlight policy for updates, the updated parts of any entry, except for additions at the ends either above or below the ten dashes, will be in yellow text, as well as enclosed in braces.]
BNN had two news flashes (3:47, 3:53 PM ET) which said that the jurors have passed a note to the judge saying that they have been unable to reach a verdict on all the charges. There's no agreement for any of them. They asked the judge for "clarification" of the instructions on p. 75 that deal with the procedure to reach a unanimous verdict. The lawyers are meeting, but there are no details of this special meeting as of yet.
On CTV NewsNet, reporter Rosemary Thompson said that there's a suggestion that the charges on which the jury is hopelessly deadlocked should be dropped, leaving them to decide on the others. Paula Todd says that this is a "textbook" decision. Judge will make the decision "by the book." Judge St. Eve, as of 4:02 PM ET, is calling the jury in. Ms. Todd said that the normal procedure is to send the jury back at least once: this practice often focuses the jury and facilitates a verdict. This would require a reinstruction, Ms. Todd believes.
At about 4:05-07 PM, Ms. Thompson reported that the jurors are deadlocked on some but have reached unanimity on some others. The prosecution wants to make sure a verdict is not quasi-coerced.
Judge St. Eve has sent the jury back in. There is no word as of yet on the charges the jury has agreed upon, nor whether or not they were re-instructed.
At about 4:10 PM, Steve Skurka was on. He said that this deadlock is the first evidence of the jury's thought. They were instructed to "not surrender your honest belief" while sent back to try again. The jurors didn't disclose the specific charges they were deadlocked on.
The defense wanted to rush things: they looked for partial verdict. The prosecutors "collectively looked very concerned." The jurors looked exhausted. The judge re-read the same instruction, and the jury said that it was already understood. Judge St. Eve said in reply that she may send them back only once more before declaring a mistrial. Ms. Todd was not as confident as the defense, and Csr. Skurka himself, regarding the defense chances.
There are also webbed news reports on the deadlocked jury. Paul Waldie's, webbed by the Globe and Mail, contains a quote from the jury's note: "'We have discussed and deliberated on all the evidence and we are still [unable] to reach a unanimous verdict on one or more counts.'" An Associated Press report, webbed by the International Herald Tribune, quotes a P.S. in the note: "We have read the jury instructions very carefully.'" CTV News itself has webbed a report on it.
As of 4:35 PM ET, or 3:35 PM CT, the jury is back in the deliberation room, according to Ms. Thompson. According to another note from the jury, [Mark Steyn has confirmed,] the jurors wants to deliver a partial verdict, and the judge wants them to sleep on it. There's no further news as of this time. Ms. Todd has speculated that Judge St. Eve is reviewing applicable procedure very carefully so as to avoid an appeal on any relevant grounds.
Ms. Thompson had a guest, Terry Sullivan, who said that the prosecutors are gone now, but Conrad Black and the other defendants are waiting in the courtroom. He said that the "one or more" part of the note is considered unusual; it's not a standard phrase used in notes of this kind. He also said that the defense would want a partial verdict because it would remove the defendants' uncertainty about the verdict in full. He refused to predict what the verdict will be.
A report by Bloomberg, by Andrew Harris and Joe Schneider, has also been webbed. It quotes Judge St. Eve's response to the note: "'I will not accept a partial verdict at this time.''' It also reports that, "[s]hould jurors remain deadlocked on some of the counts, St. Eve may give them a so- called Allen charge, informing them that it's their duty to reach a verdict if they can." [An updated version of the same report has a quote from Hugh Totten, who gave 50-50 odds on a partial verdict.]
On BNN, Amanda Lang had an update on the Rule 29 and associated motions from the defendants with Stephen Komie, an attorney, as of about 5:05 PM ET. If Judge St. Eve acquits any of them on that basis, in the face of a jury decision of guilty on any charge for a defendant acquitted by motion, then the prosecution will have grounds for appeal.
Reuters has a report, by Andrew Stern and a couple of others, which contains the above details, and adds an additional one: before sending the jury back, "she told those in the courtroom [out of earshot of the jury] that she has in the past sent juries back to continue talking two or three times before making a decision." It also quotes Mark Kipnis' attorney, Ron Safer, telling the court: "'from their note they've clearly been at this state for some time and it is our opinion that we accept this (partial verdict).'"
Ms. Thompson has reported, at 5:34 PM ET (4:34 PM CT), that another note has been delivered to the judge from the jury. The note said that the jury will deliberate at the regular time tomorrow: 9 AM to 4:45 PM CT. Right after her update, CTV NewsNet host Dan Matheson interviewed Jacob Frenkel, who explained that the prosecutors don't want a partial verdict because the jurors might be confused, or prejudiced, by the part they have already announced when they resume deliberations on the remaining charges. Later, Ms. Todd speculated that the jurors will most likely reach a final verdict tomorrow. She also reported at 5:50 PM ET that Peter Atkinson had just left the courtroom, suggesting that the jury has finished for the day. After she was finished, Mr. Matheson commented that Judge St. Eve may accept a partial verdict tomorrow. Conrad Black left the courtroom at 5:58 PM ET without comment.
KGAN.com has webbed an AP summary report that gives the highlights of the above events. Canada.com has webbed a full, updated version of the Reuters report, which adds background to the afternoon's events (but doesn't mention the forfeiture hearing this morning.)
A more detailed AP report, webbed by the Spokesman Review, carries a quote from Csr. Safer, to the effect that the judge should just accept a hung jury. It also says that "Lead prosecutor Eric Sussman told St. Eve that the government put the actual time of deliberations at only about seven full days and urged that the jurors continue trying to reach a verdict. He also raised the possibility of giving the jurors the option of returning a partial verdict... The judge told the attorneys the jury has paid 'incredible attention' throughout the trial. 'I do think there is some benefit to bringing the jury back into the courtroom and reinstructing them,' she said before calling the jurors to appear before her."
A CBC News report on the day's events ends with quotes from three legal experts. The first two noted that deadlock isn't uncommon in cases of this size and complexity, and the third, James Morton, said that the verdict could be announced as early as tomorrow. (As noted above, he isn't the only one forecasting a Wednesday verdict.)
----------
Mark Steyn has a running commentary on the deadlocked jury in his Maclean's Conrad Black trial blog, with his speculations added. The two entries between 5 to 6 PM ET contain straight reports.
Another regular trial watcher, Douglas Bell, has posted an entry on the same story in the Toronto Life Conrad Black trial blog. That entry, entitled "A Cry For Help," will be expanded as more news comes in.
If you want a copy of the jury instructions, they're in this PDF file. Instruction #75, quoted below, is:
BNN had two news flashes (3:47, 3:53 PM ET) which said that the jurors have passed a note to the judge saying that they have been unable to reach a verdict on all the charges. There's no agreement for any of them. They asked the judge for "clarification" of the instructions on p. 75 that deal with the procedure to reach a unanimous verdict. The lawyers are meeting, but there are no details of this special meeting as of yet.
On CTV NewsNet, reporter Rosemary Thompson said that there's a suggestion that the charges on which the jury is hopelessly deadlocked should be dropped, leaving them to decide on the others. Paula Todd says that this is a "textbook" decision. Judge will make the decision "by the book." Judge St. Eve, as of 4:02 PM ET, is calling the jury in. Ms. Todd said that the normal procedure is to send the jury back at least once: this practice often focuses the jury and facilitates a verdict. This would require a reinstruction, Ms. Todd believes.
At about 4:05-07 PM, Ms. Thompson reported that the jurors are deadlocked on some but have reached unanimity on some others. The prosecution wants to make sure a verdict is not quasi-coerced.
Judge St. Eve has sent the jury back in. There is no word as of yet on the charges the jury has agreed upon, nor whether or not they were re-instructed.
At about 4:10 PM, Steve Skurka was on. He said that this deadlock is the first evidence of the jury's thought. They were instructed to "not surrender your honest belief" while sent back to try again. The jurors didn't disclose the specific charges they were deadlocked on.
The defense wanted to rush things: they looked for partial verdict. The prosecutors "collectively looked very concerned." The jurors looked exhausted. The judge re-read the same instruction, and the jury said that it was already understood. Judge St. Eve said in reply that she may send them back only once more before declaring a mistrial. Ms. Todd was not as confident as the defense, and Csr. Skurka himself, regarding the defense chances.
There are also webbed news reports on the deadlocked jury. Paul Waldie's, webbed by the Globe and Mail, contains a quote from the jury's note: "'We have discussed and deliberated on all the evidence and we are still [unable] to reach a unanimous verdict on one or more counts.'" An Associated Press report, webbed by the International Herald Tribune, quotes a P.S. in the note: "We have read the jury instructions very carefully.'" CTV News itself has webbed a report on it.
As of 4:35 PM ET, or 3:35 PM CT, the jury is back in the deliberation room, according to Ms. Thompson. According to another note from the jury, [Mark Steyn has confirmed,] the jurors wants to deliver a partial verdict, and the judge wants them to sleep on it. There's no further news as of this time. Ms. Todd has speculated that Judge St. Eve is reviewing applicable procedure very carefully so as to avoid an appeal on any relevant grounds.
Ms. Thompson had a guest, Terry Sullivan, who said that the prosecutors are gone now, but Conrad Black and the other defendants are waiting in the courtroom. He said that the "one or more" part of the note is considered unusual; it's not a standard phrase used in notes of this kind. He also said that the defense would want a partial verdict because it would remove the defendants' uncertainty about the verdict in full. He refused to predict what the verdict will be.
A report by Bloomberg, by Andrew Harris and Joe Schneider, has also been webbed. It quotes Judge St. Eve's response to the note: "'I will not accept a partial verdict at this time.''' It also reports that, "[s]hould jurors remain deadlocked on some of the counts, St. Eve may give them a so- called Allen charge, informing them that it's their duty to reach a verdict if they can." [An updated version of the same report has a quote from Hugh Totten, who gave 50-50 odds on a partial verdict.]
On BNN, Amanda Lang had an update on the Rule 29 and associated motions from the defendants with Stephen Komie, an attorney, as of about 5:05 PM ET. If Judge St. Eve acquits any of them on that basis, in the face of a jury decision of guilty on any charge for a defendant acquitted by motion, then the prosecution will have grounds for appeal.
Reuters has a report, by Andrew Stern and a couple of others, which contains the above details, and adds an additional one: before sending the jury back, "she told those in the courtroom [out of earshot of the jury] that she has in the past sent juries back to continue talking two or three times before making a decision." It also quotes Mark Kipnis' attorney, Ron Safer, telling the court: "'from their note they've clearly been at this state for some time and it is our opinion that we accept this (partial verdict).'"
Ms. Thompson has reported, at 5:34 PM ET (4:34 PM CT), that another note has been delivered to the judge from the jury. The note said that the jury will deliberate at the regular time tomorrow: 9 AM to 4:45 PM CT. Right after her update, CTV NewsNet host Dan Matheson interviewed Jacob Frenkel, who explained that the prosecutors don't want a partial verdict because the jurors might be confused, or prejudiced, by the part they have already announced when they resume deliberations on the remaining charges. Later, Ms. Todd speculated that the jurors will most likely reach a final verdict tomorrow. She also reported at 5:50 PM ET that Peter Atkinson had just left the courtroom, suggesting that the jury has finished for the day. After she was finished, Mr. Matheson commented that Judge St. Eve may accept a partial verdict tomorrow. Conrad Black left the courtroom at 5:58 PM ET without comment.
KGAN.com has webbed an AP summary report that gives the highlights of the above events. Canada.com has webbed a full, updated version of the Reuters report, which adds background to the afternoon's events (but doesn't mention the forfeiture hearing this morning.)
A more detailed AP report, webbed by the Spokesman Review, carries a quote from Csr. Safer, to the effect that the judge should just accept a hung jury. It also says that "Lead prosecutor Eric Sussman told St. Eve that the government put the actual time of deliberations at only about seven full days and urged that the jurors continue trying to reach a verdict. He also raised the possibility of giving the jurors the option of returning a partial verdict... The judge told the attorneys the jury has paid 'incredible attention' throughout the trial. 'I do think there is some benefit to bringing the jury back into the courtroom and reinstructing them,' she said before calling the jurors to appear before her."
A CBC News report on the day's events ends with quotes from three legal experts. The first two noted that deadlock isn't uncommon in cases of this size and complexity, and the third, James Morton, said that the verdict could be announced as early as tomorrow. (As noted above, he isn't the only one forecasting a Wednesday verdict.)
----------
Mark Steyn has a running commentary on the deadlocked jury in his Maclean's Conrad Black trial blog, with his speculations added. The two entries between 5 to 6 PM ET contain straight reports.
Another regular trial watcher, Douglas Bell, has posted an entry on the same story in the Toronto Life Conrad Black trial blog. That entry, entitled "A Cry For Help," will be expanded as more news comes in.
If you want a copy of the jury instructions, they're in this PDF file. Instruction #75, quoted below, is:
The verdict must represent the considered judgment of each juror. Your verdict, whether it be guilty or not guilty, must be unanimous.
You should make every reasonable effort to reach a verdict. In doing so, you should consult with one another, express your own views, and listen to the opinions of your fellow jurors. Discuss your differences with an open mind. Do not hesitate to re-examine your own views and change your opinion if you come to believe it is wrong. But you should not surrender your honest beliefs about the weight or effect of evidence solely because of the opinions of your fellow jurors or for the purpose of returning a unanimous verdict.
The twelve of you should give fair and equal consideration to all the evidence and deliberate with the goal of reaching an agreement which is consistent with the individual judgment of each juror.
You are impartial judges of the facts. Your sole interest is to determine whether the government has proved its case beyond a reasonable doubt.
Media Roundup: Appearances
The media reports, webbed overnight and today, on the Conrad Black trial include a few features as well as what trial news there is:
1. A posting in "Legalbrief" to a Times Online article, summarizing a National Post interview that Conrad gave on the weekend, introduces it with the title "Conrad Black never considered plea bargain."
2. A Canadian Press report, as webbed by CBC News, recaps yesterday's trial news after mentioning that the jury will deliberate all day today.
3. Joe Warmington's latest trial-related column, as webbed by the Edmonton Sun, has picked up on the story about the Facebook group, the "Conrad Black Fan Club." After describing what he saw there, and recounting the Frank hoax, he notes that the bulk of the members seem to be college students...before disclosing that an identity verification of the creators of it is still in progress.
4. Both Conrad and Barbara Black get a mention in Liz Smith's latest gossip column, webbed by the New York Post. She calls them "extravagantly invisible." (This same column opens up with an item of note for historians, or end-of-era seekers. Ms. Smith passes on an obituary of the no-longer-current Count Bismarck, who died a bachelor and lived as a heroin addict, lover of alcohol and all-around dissipate.)
5. The Age of Australia has webbed a copy of a Bloomberg report on the state of the deliberations, which contains a review of the charges.
6. A report webbed by 680 News says that the trial lawyers have been called into the courtroom for a meeting, "to discuss how much money the former press baron may have to repay if he is found guilty of fraud." This part of the forfeiture hearing is to discuss the precise instructions to the jury, should any be needed.
7. Mary Vallis has also written a report on the meeting, as webbed by the Financial Post. The report notes that the final decision on whether or not to let the jury handle any forfeiture issues will probably not be decided until the verdict is announced.
8. A more detailed report, also webbed by 680 News, starts off with quotes from both of Conrad Black's chief co-counsels, Eddie Greenspan and Edward Genson. It then discusses the meeting and quotes Judge St. Eve's opening words, which suggest that she wanted today's meeting to be the final one. As of now, it looks like Judge St. Eve will decide the amount of forfeiture, if any. The judge also read notes into the record, all of which have been reported on already.
9. BNN aired a report from Amanda Lang on the meeting, aired at 1:50 PM ET. She said that there was some debate over the jury instruction, and that this last meeting may not be needed, as a case that Michael Schachter submitted suggested that the jury need only determine the "nexus" between the crime and the proceeds, and need not determine the specific amount. It was made clear in the meeting that forfeiture is not the same as restitution.
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Mark Steyn, in his latest entry in the Maclean's Conrad Black trial blog, starts off with a report about a British Muslim juror who was arrested for concealing an MP3 player in her hijab headscarf; he relates this incident to the deliberations in a somewhat curmudgeonly manner.
1. A posting in "Legalbrief" to a Times Online article, summarizing a National Post interview that Conrad gave on the weekend, introduces it with the title "Conrad Black never considered plea bargain."
2. A Canadian Press report, as webbed by CBC News, recaps yesterday's trial news after mentioning that the jury will deliberate all day today.
3. Joe Warmington's latest trial-related column, as webbed by the Edmonton Sun, has picked up on the story about the Facebook group, the "Conrad Black Fan Club." After describing what he saw there, and recounting the Frank hoax, he notes that the bulk of the members seem to be college students...before disclosing that an identity verification of the creators of it is still in progress.
4. Both Conrad and Barbara Black get a mention in Liz Smith's latest gossip column, webbed by the New York Post. She calls them "extravagantly invisible." (This same column opens up with an item of note for historians, or end-of-era seekers. Ms. Smith passes on an obituary of the no-longer-current Count Bismarck, who died a bachelor and lived as a heroin addict, lover of alcohol and all-around dissipate.)
5. The Age of Australia has webbed a copy of a Bloomberg report on the state of the deliberations, which contains a review of the charges.
6. A report webbed by 680 News says that the trial lawyers have been called into the courtroom for a meeting, "to discuss how much money the former press baron may have to repay if he is found guilty of fraud." This part of the forfeiture hearing is to discuss the precise instructions to the jury, should any be needed.
7. Mary Vallis has also written a report on the meeting, as webbed by the Financial Post. The report notes that the final decision on whether or not to let the jury handle any forfeiture issues will probably not be decided until the verdict is announced.
8. A more detailed report, also webbed by 680 News, starts off with quotes from both of Conrad Black's chief co-counsels, Eddie Greenspan and Edward Genson. It then discusses the meeting and quotes Judge St. Eve's opening words, which suggest that she wanted today's meeting to be the final one. As of now, it looks like Judge St. Eve will decide the amount of forfeiture, if any. The judge also read notes into the record, all of which have been reported on already.
9. BNN aired a report from Amanda Lang on the meeting, aired at 1:50 PM ET. She said that there was some debate over the jury instruction, and that this last meeting may not be needed, as a case that Michael Schachter submitted suggested that the jury need only determine the "nexus" between the crime and the proceeds, and need not determine the specific amount. It was made clear in the meeting that forfeiture is not the same as restitution.
----------
Mark Steyn, in his latest entry in the Maclean's Conrad Black trial blog, starts off with a report about a British Muslim juror who was arrested for concealing an MP3 player in her hijab headscarf; he relates this incident to the deliberations in a somewhat curmudgeonly manner.
Monday, July 9, 2007
The Verdict: Taking So Long
Tonight's episode of The Verdict had a segment dealing with the length of the deliberations. The guest was regular trial-watcher Hugh Totten.
Csr. Totten started off by comparing the wait to an old movie with expectant fathers in a waiting room. He also acknowledged, as did Ms. Todd, that the jury is being methodical; they're working through the evidence. Ms. Todd added that there has been no sign of a hung jury or “deadlock,” as Csr. Totten put it. There's been an understandable delay given the numerousness and seriousness of the charges. Csr. Totten added that the verdict form is about 30 pages, so the length of deliberations is understandable on this ground, even though he thought they’d be done by Friday as did Eddie Greenspan.
Csr. Totten speculated that the jury may find some of the non-compete agreements and associated payments “problematic,” especially the CanWest ones. The same ambiguity applies to the perks. He believes that the non-competes that contained self-dealing and the obstruction-of-justice charges were proven beyond a reasonable doubt, in his eyes. He used the slogan “not compete with himself” to describe the overlapping ownership interests that entered into those non-compete agreements.
Csr. Totten started off by comparing the wait to an old movie with expectant fathers in a waiting room. He also acknowledged, as did Ms. Todd, that the jury is being methodical; they're working through the evidence. Ms. Todd added that there has been no sign of a hung jury or “deadlock,” as Csr. Totten put it. There's been an understandable delay given the numerousness and seriousness of the charges. Csr. Totten added that the verdict form is about 30 pages, so the length of deliberations is understandable on this ground, even though he thought they’d be done by Friday as did Eddie Greenspan.
Csr. Totten speculated that the jury may find some of the non-compete agreements and associated payments “problematic,” especially the CanWest ones. The same ambiguity applies to the perks. He believes that the non-competes that contained self-dealing and the obstruction-of-justice charges were proven beyond a reasonable doubt, in his eyes. He used the slogan “not compete with himself” to describe the overlapping ownership interests that entered into those non-compete agreements.
Media Roundup: Waiting
The media reports, webbed overnight and today, on the Conrad Black trial are focused on the continuing deliberations, with hardly any feature reports:
1. A brief Canadian Press report, as webbed by the Brandon Sun, mentions that the jurors will deliberate today from 9 AM CT to 4:45 PM CT.
2. An excerpted CP report by Romina Maurino, as webbed by the Toronto Sun, explains why it is likely that a verdict will come next week.
3. The Globe and Mail has webbed a report by Tara Perkins and Paul Waldie about a pro-Conrad online group that's genuine, unlike the one that was created by the publisher of Frank magazine; it's in Facebook. This group, called the Conrad Black Fan Club, was created by Adam Daifallah, a researcher who helped out with both of Conrad Black's recent books. One Facebook member mentioned in the report is Mike Boultbee; the report neither confirms nor denies any filial relation to Jack Boultbee. (In order to see this group, you have to either be a Facebook member or register as one.)
4. The Financial Post has webbed an excerpt of the National Post feature on Conrad Black as he is now, one written by Theresa Tedesco.
5. A CP update, webbed by 680 News, reports that "[t]he federal courthouse in downtown Chicago is buzzing with anticipation of a verdict at the Conrad Black fraud trial." As of early today, though, there's no definite sign of one; the jurors are still deliberating. [A somewhat longer version of the same story, with some added background, has been webbed by 570 News.]
6. BNN aired a report by Amanda Lang at 1:54 PM. She reported, along with other facets of the deliberations and verdict watch, about a jury-watcher who forecast an imminent verdict from interpreting an exclamation mark in Thursday's good-time-for-closing note from the jury. She also said that the jurors' checkbox form is arranged by defendant, and then count for each accused, and will dictate the procedure for reading out the verdict.
7. An end-of-day report, written by Romina Maurino and webbed by the Toronto Star, starts off with the note that the jurors have not reached a verdict yet. It contains some detail on the revised form that the jurors have to fill out, including an example of how the charges have been broken down.
8. An AP summary report, as webbed by WQAD.com, mentions that the jury has left a note with the judge saying that they will deliberate all day tomorrow.
----------
Steve Skurka, in "The Crime Sheet," suspects that the much-vaunted 95% conviction rate is too good to be true, and finds out that the official conviction rate is held by the Northern District of Illinois U.S. Attorney's office to be a misstatement.
Douglas Bell, in the Toronto Life Conrad Black trial blog, features a Guardian review of The Invincible Quest in his latest report on the top stories on the trial. He also unveils his opinion on the Globe report linked to above. (Unusually, the review itself is mixed, and has mixed in some mockery of the author.)
Some other opinions have been unveiled by Mark Steyn in his Maclean's Conrad Black trial blog; they tie the case into the wider context of the state of the United States justice system. After quoting a reader-sent excerpt from a two-centuries-old decision by Judge Samuel Chase on what a bad law is, he goes through each attribute and argues that the criminal prosecution of Conrad Black et. al. fits the entire (bad) bill.
1. A brief Canadian Press report, as webbed by the Brandon Sun, mentions that the jurors will deliberate today from 9 AM CT to 4:45 PM CT.
2. An excerpted CP report by Romina Maurino, as webbed by the Toronto Sun, explains why it is likely that a verdict will come next week.
3. The Globe and Mail has webbed a report by Tara Perkins and Paul Waldie about a pro-Conrad online group that's genuine, unlike the one that was created by the publisher of Frank magazine; it's in Facebook. This group, called the Conrad Black Fan Club, was created by Adam Daifallah, a researcher who helped out with both of Conrad Black's recent books. One Facebook member mentioned in the report is Mike Boultbee; the report neither confirms nor denies any filial relation to Jack Boultbee. (In order to see this group, you have to either be a Facebook member or register as one.)
4. The Financial Post has webbed an excerpt of the National Post feature on Conrad Black as he is now, one written by Theresa Tedesco.
5. A CP update, webbed by 680 News, reports that "[t]he federal courthouse in downtown Chicago is buzzing with anticipation of a verdict at the Conrad Black fraud trial." As of early today, though, there's no definite sign of one; the jurors are still deliberating. [A somewhat longer version of the same story, with some added background, has been webbed by 570 News.]
6. BNN aired a report by Amanda Lang at 1:54 PM. She reported, along with other facets of the deliberations and verdict watch, about a jury-watcher who forecast an imminent verdict from interpreting an exclamation mark in Thursday's good-time-for-closing note from the jury. She also said that the jurors' checkbox form is arranged by defendant, and then count for each accused, and will dictate the procedure for reading out the verdict.
7. An end-of-day report, written by Romina Maurino and webbed by the Toronto Star, starts off with the note that the jurors have not reached a verdict yet. It contains some detail on the revised form that the jurors have to fill out, including an example of how the charges have been broken down.
8. An AP summary report, as webbed by WQAD.com, mentions that the jury has left a note with the judge saying that they will deliberate all day tomorrow.
----------
Steve Skurka, in "The Crime Sheet," suspects that the much-vaunted 95% conviction rate is too good to be true, and finds out that the official conviction rate is held by the Northern District of Illinois U.S. Attorney's office to be a misstatement.
Douglas Bell, in the Toronto Life Conrad Black trial blog, features a Guardian review of The Invincible Quest in his latest report on the top stories on the trial. He also unveils his opinion on the Globe report linked to above. (Unusually, the review itself is mixed, and has mixed in some mockery of the author.)
Some other opinions have been unveiled by Mark Steyn in his Maclean's Conrad Black trial blog; they tie the case into the wider context of the state of the United States justice system. After quoting a reader-sent excerpt from a two-centuries-old decision by Judge Samuel Chase on what a bad law is, he goes through each attribute and argues that the criminal prosecution of Conrad Black et. al. fits the entire (bad) bill.
Sunday, July 8, 2007
Media Roundup: Eddy
The media reports, webbed overnight and today, on the Conrad Black trial have been reduced to a virtual standstill:
1. Ruth Dudley Edwards, of the Irish Independent, has written a summary of the past week's events. Largely relying upon Mark Steyn, she also mentions Susan Berger.
2. CTV News has webbed a Canadian Press forecast report entitled "Black verdict likely this week." Two lawyer trial-watchers, James Morton and Hugh Totten, are cited in support of this conclusion. Csr. Morton points to the fact that the jury has been working steadily, and has not asked for any clarification of any instruction. Csr. Totten notes that the "jurors' requests suggest they may have already worked through the evidence on 'non-competes' -- the payments Black and the others received from newspaper sales in exchange for promises not to compete with the buyers of those assets." Once finished with this part, only the ancillary charges are left.
1. Ruth Dudley Edwards, of the Irish Independent, has written a summary of the past week's events. Largely relying upon Mark Steyn, she also mentions Susan Berger.
2. CTV News has webbed a Canadian Press forecast report entitled "Black verdict likely this week." Two lawyer trial-watchers, James Morton and Hugh Totten, are cited in support of this conclusion. Csr. Morton points to the fact that the jury has been working steadily, and has not asked for any clarification of any instruction. Csr. Totten notes that the "jurors' requests suggest they may have already worked through the evidence on 'non-competes' -- the payments Black and the others received from newspaper sales in exchange for promises not to compete with the buyers of those assets." Once finished with this part, only the ancillary charges are left.
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