CHICAGO - A lawyer for one of Conrad Black's co-defendants blasted U.S. government lawyers Thursday for misleading jurors with "baseless accusations'' and utterly failing to prove Peter Atkinson committed a crime.
"This is a criminal case,'' lawyer Michael Schachter said, his voice rising with indignation.
"It's not a game.''
Schachter said Atkinson never deceived or defrauded anyone and that no proof was ever presented that he ever lied.
"(Prosecutor Jeff) Cramer stood before you (during opening arguments) and told you something there was no evidence of,'' he said.
"Why? ... It's frankly disappointing. It's to confuse you. It's to make you think Peter was involved in something he had nothing to do with,'' he said.
"It's to win regardless of the facts.''
Atkinson, the former vice-president and general counsel of media company Hollinger International Inc., is accused along with Black and former executives Jack Boultbee and Mark Kipnis of defrauding shareholders by illegally pocketing millions in fees that prosecutors say belonged to Hollinger International.
Millions of dollars were paid to Hollinger in exchange for promises that the company would not compete with the new owners of newspapers sold in Canada and the U.S.
Black, Boultbee, Atkinson and star prosecution witness David Radler also got millions of dollars for similar promises that prosecutors say should have gone to shareholders.
But after three months, 31 government witnesses and 700 documents, the evidence shows that Atkinson sought advice and launched investigations when questions arose about any possible wrongdoing, Schachter said.
During his eight days on the witness stand, he added, Radler failed to implicate Atkinson in a single discussion about improper behaviour.
"You can read every word of David Radler's testimony on the stand and you will find he never testified that Peter ever did anything wrong,'' Schachter said, loudly piling dozens of bound books contain the transcripts on the prosecutors' table.
The increasingly weary jury perked up when Schachter began his closing arguments, appeared captivated by the intense former New York prosecutor who famously landed a conviction against home fashion diva Martha Stewart.
Schachter's impassioned presentation came during the fourth day of closing arguments, which began Monday with an address by prosecutor Julie Ruder.
Lawyers for Black and Boultbee have also attacked what they consider to be a weak case motivated by a disdain for the former press baron's wealth and extravagant lifestyle.
Black is also accused of abusing company funds by taking a company jet on a personal vacation to Bora Bora, billing Hollinger for a birthday party for his wife at New York's swank restaurant La Grenouille and buying a Park Avenue apartment from Hollinger for the cut-rate price of US$3 million.
Schachter urged jurors to consider each defendant's case separately, reminding them that Atkinson is not charged with abusing any company perks and only faces charges of mail and wire fraud.
Closing arguments are expected to wrap up early next week with a presentation by Kipnis' lawyer Ron Safer as well as the prosecution's rebuttal. The court does not sit Friday.
