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Black's lawyer calls Radler 'self-confessed liar'
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CTV.ca News Staff
Date: Mon. May. 14 2007 9:36 PM ET
Conrad Black's lawyer finished off his cross-examination of star prosecution witness David Radler by driving home the defence's key theme -- Radler is a liar out to save himself.
"The deal you have gotten in this case is the best deal you've made (in your life)," Eddie Greenspan told Radler on Monday at the trial in Chicago.
"For that deal -- that incredible sweetheart deal -- you had to give the U.S. government what they wanted, when no crime was committed by anyone but you."
Radler has pleaded guilty to fraud in connection with the Hollinger International newspaper deals at the heart of the case.
He faces a 29-month prison sentence and a fine of US$250,000 at a sentencing hearing scheduled for June. However, the U.S. prosecutors could seek a higher sentence if they judge him to be an unhelpful witness.
"The deal you have gotten for yourself is a better deal than Paxton, Forum, CNHI I, CNHI II or even CanWest," Greenspan said, referring to some of the key newspaper deals.
He noted that Radler might even be able to serve his sentence in a relatively soft Canadian prison, one that offers golf therapy.
"I'm facing a 29-month jail sentence," Radler retorted. He later added that the golf therapy was not a priority.
"As a non-golfer, it won't help," he quipped.
The two men then had this exchange:
Greenspan: For that deal, that incredible sweetheart deal, you are prepared to say anything you have to, correct?
Radler: I'm only telling the truth.
Greenspan: You are prepared to tell the government a crime was committed when no crime was committed by anyone but you.
Radler: By me?
Greenspan: Thank you. I took that as an answer to my question.
Afterwards, lawyer and CTV legal analyst Steven Skurka said: "David Radler pretended in front of the jury that he didn't know he was sentenced to 29 months (or that) he would only do 6 months in a Canadian prison. Why? Because he didn't want to look like he was getting the sweetheart deal that he was."
Outside court, Black's main lawyers wouldn't say much.
"It was a pretty good day," Edward Genson said.
Greenspan would only add: "One day the jury will tell us all."
Black told reporters as he left: "I love this city. Never more than now."
Radler the key
The testimony by Radler, a business partner of Black's for almost 40 years, is seen as key to the prosecution's case against the defendants.
He has testified that Black came up with the plan to direct non-compete payments to certain Hollinger executives, instead of Hollinger International shareholders, in several 1999 telephone calls.
Greenspan noted Monday there were no memos, faxes or e-mails discussing the alleged scheme, even though Radler had claimed he had discussed the matter with Black on three separate occasions.
"The only evidence that we have about this telephone call is your evidence," Greenspan told Radler.
"You cannot produce a single document that confirms this particular telephone call -- and you are a self-confessed liar."
Radler, who courtroom observers have characterized as being combative and evasive in his testimony, said he has not lied to this trial's jury.
"I agree that I have previously told lies," he said. "I did not lie when I talked to the jury."
He also admitted he didn't have a document to back up the phone call allegations against Black.
However, evidence introduced earlier in the trial suggested that Black and the other defendants didn't report some non-compete income in some regulatory filings.
Black and two of his three co-defendants -- Jack Boultbee and Peter Atkinson, both Toronto-based Hollinger executives -- stand accused of pocketing US$60 million in payments from companies that bought Hollinger International newspapers in exchange for promises not to compete with their former papers in their circulation areas.
Mark Kipnis, an attorney for Black in Chicago, is charged with helping to arrange the transactions.
They deny any wrongdoing and claim they did properly report any non-compete income.
Gus Newman, a lawyer for co-defendant Boultbee, also took his first few shots at Radler on Monday.
He focused on the non-compete agreements, suggesting they were approved by the Hollinger International board of directors.
"If issues had arisen from the non-competes, it's something you may have recalled," Newman told him. Radler agreed.
Black, 62, faces allegations of misusing about $20 million in company funds for personal expenses, including a vacation to Bora Bora, an island in the South Pacific.
If Black is convicted on all charges, he could face 101 years in a U.S. prison.
With a report from CTV's Joy Malbon and files from CTV's David Akin and The Canadian Press
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This is just wrong but if I were to send something to the politicians I would have sent the brain!
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