Judge spikes prosecutors' Ditka graphic

Worries image of local hero could prejudice jurors

Mike Ditka's image will not greet jurors Monday morning at former press baron Conrad Black's fraud trial.

But they will see a picture of Black and Hollinger International publisher David Radler whispering, a judge ruled Friday.

Prosecutors wanted to show a graphic featuring Bears coach Mike Ditka during Monday's opening statements to explain noncompete agreements that are at the heart of the trial.

The graphic was an illustration of Ditka selling a restaurant and the buyer asking Ditka not to turn around and open a competing restaurant.

Prosecutors said the graphic aimed to explain noncompete agreements. U.S. District Judge Amy St. Eve rebuffed the idea, agreeing with defense lawyers that showing the local hero in that context could prejudice the jury.

Black, 62, former CEO of Hollinger International, and three other former executives are accused of stealing $84 million from the company. Hollinger is the former name of the Sun-Times Media Group, which owns the Sun-Times and other newspapers.

Black lawyer Ed Greenspan objected to the photo of Radler and Black, saying it looked like "two co-conspirators sharing a secret."

But St. Eve said the picture merely shows two business partners who worked together.

St. Eve did, however, agree to keep out of opening statements various other photos involving defendants.

Radler, who pleaded guilty in this case, is a top government witness who could provide damaging testimony. He could face his own challenges, though, as a scapegoat for defense lawyers.

Meanwhile, St. Eve on Friday refused to hear an emergency plea to release the list of jurors in the trial.

St. Eve told a lawyer representing the Chicago Tribune: "I frankly don't think this is an emergency." Her comments came just moments after she called a private sidebar and spoke at length with trial attorneys in the courtroom.

St. Eve said she would hear the issue on Monday, when opening statements are scheduled in the trial. Twenty people were chosen from a larger jury pool but their identities were not disclosed. On Monday, only 18 will be sworn in.

The court on Friday also released the questionnaire that prospective jurors filled out before this week's jury selection, which asked questions such as whether jurors had heard of Black and whether they had opinions about Canadians.

It also discloses a list of possible witnesses, including former U.S. Secretary of State Henry Kissinger, Bush administration adviser Richard Perle and former Illinois Gov. James Thompson, who were all members of Hollinger International's board while Black headed the company.

nkorecki@suntimes.com

Contributing: Mary Wisniewski