Former media Baron Conrad Black left a Chicago courtroom looking like a much more relaxed man than he did on Monday, after hearing his lawyers tell his side of the story.
The two Eddies -- Edward Greenspan of Toronto and Edward Genson of Chicago -- highlighted the absence of a "smoking gun" and what they say is the dubious testimony of long-time former Black associate David Radler in their closing arguments to the jury on Tuesday.
"The government doesn't have a smoking gun because there isn't one," Greenspan told them.
Black faces various, including fraud, obstruction of justice and racketeering stemming from the alleged skimming of US$60 million from the shareholders of Hollinger International. He and the other defendants deny doing anything wrong.
Of Radler, a former top executive at Hollinger International who accepted a plea bargain in exchange for his testimony against Black and the other defendants, Greenspan said: "They want you to rely on David Radler's testimony.
"Does that make sense to you? That they would ask you to believe a liar? Why ... I'll tell you why, because David Radler is all they've got."
Radler testified that it was Black's idea to award themselves millions of dollars in tax-free bonuses through inserting "non-compete" clauses into the contracts of newspaper sales.
Greenspan argued there was no documentary evidence to back up the claim, just Radler's claim they had a few phone calls.
"Is that proof beyond a reasonable doubt? I would submit that is no proof at all."
Separating the two
Genson tried deflect prosecution claims that Black and Radler made all major decisions together. The defence has long maintained the two men ran different parts of the company.
If the two really were "Siamese twins," Genson joked Radler and Black would be "schizophrenic." If they were married, they would bicker all the time, he said, adding, "can you imagine?"
Black joined others in the court in chuckling at that.
Greenspan asked where the victims were.
"(Prosecutor Julie Ruder) said 'Make it matter to the victims'," he said. "Where are the victims? Did we hear from any of these people?"
Before the case even started, some legal analysts said the prosecution would have a problem because most of the investors in Hollinger were institutions, not "widows and orphans" or employees who lost everything.
Both lawyers tried to get the jury to ignore prosecution evidence about Black's lavish lifestyle. "In America, you don't convict someone for being rich," Greenspan said.
They also argued that the non-compete payments at issue were fully disclosed to shareholders and approved by company directors.
Thumbs up
A former federal prosecutor gave a thumbs-up for Greenspan's presentation.
"He made it seem as if the government case really didn't match up to the evidence, didn't match up to the documents," said Terry Sullivan.
Legal analyst Steven Skurka, attending the trial, told Â鶹´«Ã½net's The Verdict that "I had seen two things today that I've never seen before in a trial."
One was Greenspan apologizing to the jury for some of his cross-examinations that he may have acted like a bully and asking them to not hold it against his client, he said.
"I am a kind and gentle person," Greenspan wryly told reporters afterwards.
The other was lead prosecutor Eric Sussman interrupting the defence's closing arguments at least 10 times with objections.
"That's just never done in a Canadian courtroom," Skurka said.
However, other observers -- Skurka included -- have said that Ruder did an outstanding job on Monday of clearly presenting the prosecution's case against Black and the others.
Black appeared tense when he left the courtroom on Monday after she finished her seven-hour presentation.
Skurka said the defence's counter-attack makes this case a close one to call. For one thing, Greenspan drilled into the jury if they think Black is just probably guilty, they must acquit.
CTV's Joy Malbon, in Chicago for the trial, told CTV.ca that Genson will finish his arguments on Wednesday.
Lawyers for co-defendants Jack Boultbee, Peter Atkinson and Mark Kipnis will then have their turn.
The court doesn't sit on Fridays. The prosecution will get a "right of reply" on Monday, and then Judge Amy St. Eve will charge the jury on Tuesday.
The jury in the high-profile Enron white-collar crime trial took four days to render a verdict, she said.
With a report from CTV's Joy Malbon and files from The Canadian Press
