Defense in Black case looks into juror's remark
FRAUD CONVICTION | Panelist shared info from outsider
Defense attorneys are "looking into" a conversation among jurors in the Conrad Black fraud trial about a news story related to the case.
Juries in civil and criminal cases are repeatedly instructed not to discuss the case outside of deliberations, and not to read media reports about it.
The Sun-Times reported Monday that, during deliberations, a juror told her colleagues that she had been told some foreign press suggested the jury was too stupid to understand the complex case.
(Scott Stewart/Sun-Times file)
Q: Now that former Sun-Times boss Conrad Black has been convicted, where is he staying?
A: Black remains at the Ritz-Carlton Chicago while he awaits his Thursday bond hearing.
Q: While he was in Chicago, where did he hang out?
A: He's a frequent diner at Spiaggia, one of Chicago's more exclusive Italian restaurants.
Q: Can Black get into Canada before his bond hearing? How about after?
A: U.S. District Judge Amy St. Eve said Black has to stay in the Chicago area while awaiting his bond hearing, and Black gave her his British passport. Black is a British citizen, but is a Canadian native and has a home in Toronto.
A representative for Citizenship and Immigration Canada could not comment specifically on Black's case. But according to the agency's Web site, a valid travel document like a passport is needed to enter Canada, and a person convicted of a crime may not be allowed to enter the country.
Black's attorneys say he has signed a waiver of extradition, so the court would have no trouble extraditing Black from Canada to the United States. Prosecutors told St. Eve they worry it could take six to seven years to get Black back if he's allowed to return to Canada.
Williams, a Chicago teacher, said she had reassured her fellow jurors that they were all smart people and "let's do this." But Williams said the comment didn't affect the jury's verdict one way or the other. The juror couldn't be reached for comment.
Black, the former CEO of Hollinger International, and three other former Hollinger executives were found guilty Friday of a scheme to steal millions of dollars from the media company. Hollinger is the former name of Sun-Times Media Group.
Ron Safer, an attorney for former Hollinger corporate counsel Mark Kipnis, said he may file a motion this week regarding the juror's remark.
"Generally, you can't look behind the jury's deliberations," Safer said. "There are limited exceptions. This might be one of them."
Attorneys for Black and former Hollinger executive Peter Atkinson also confirmed that they were looking into the Sun-Times report.
DePaul University law professor Stephan Landsman said he is not surprised the defense wants to investigate but he doubts it will make any difference.
"I honestly don't think it's a big deal," Landsman said. "We had 18 weeks of trial, and we're going to have to do a do-over because someone's brother-in-law said something? That would be silly."
He said the comment would have to have had a prejudicial impact.
"It's a regular occurrence in lengthy trials where people would hear from their relatives about the case," Landsman said. He said jury trials have to be fair, but not perfect.
Williams said the jury knew from the judge that they weren't supposed to read or watch any media reports about the case and that all jurors followed that instruction.
