Talk about foreshadowing. At about 11 am Friday morning, the bright Montreal sunshine was suddenly replaced by clouds, then extreme darkness. Then there was a total downpour. Five minutes later, I got an email from Omar that the verdict was coming down. I then realized it was Friday the 13th. Ten minutes after that, I watched the live Internet feed from the CBC as word of the four guilty verdicts out of 13 came out.
I was prepared to hear a guilty verdict or two, but when it actually happens, it's still a shock to the system.
Through the greater part of the trial, I thought things went very well for Conrad Black and the other defendants. How could one conclude otherwise? Most of the prosecution's witnesses were a bust. It was clear for the great majority of the trial that the government was not convincing anyone that any crimes were committed.
But I started getting concerned when I read reports of the prosecution's closing statements and how effective Julie Ruder supposedly was. I knew that emotion would, or at least could, win over the jurors in spite of hard facts. The government painted a picture of an evil robber baron and played up class envy. (The video footage was also a killer.) Patrick Fitzgerald's team developed a sexy narrative and it worked. I also worried when the judge sent the jury back after they sent their Tuesday note indicating deadlock. I figured it would encourage compromise and that that would mean a mix of guilty and non-guilty verdicts.
The first thing you learn in criminal law class is that the prosecution needs to prove two things: a criminal act (actus reus) and a guilty mind (mens rea). From the media reports about what went on inside the courtroom, I saw proof of neither, especially the latter.
The Conrad Black that has been portrayed in the media and by the prosecution is not the man I know. And I'm not the only one who feels that way. Scores of ex-Black employees, from Joan Crockatt to Ken Whyte to Dominic Lawson to Mark Steyn to John O'Sullivan, have defended him throughout this ordeal. Several friends from ex-Hollinger papers have contacted me to express their private support. It is telling that those who know the man best feel the strongest about what an amazing person he really is.
No one has said it better than George Jonas: the zeitgeist won the day Friday. Pure and simple. Conrad Black will appeal the four convictions. This battle isn't over.
# posted by Adam Daifallah : 12:24 PM
