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Conrad Black smiles as his leaves the courthouse in Chicago on Tuesday, July 10, 2007. (CP / Dave Chidley) Conrad Black gestures with a finger towards a member of the media in Chicago on Tuesday, July 10, 2007.  (CP / Dave Chidley) Canadian defence lawyer Edward Greenspan arrives at the U.S. federal court building in Chicago on  Tuesday, July 10, 2007. (CP / Dave Chidley) American defence lawyer Edward M. Genson leaves the U.S. federal court building in Chicago on Tuesday, July 10, 2007. (CP / Dave Chidley)

Black jury to deliberate Friday for a 12th day

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Date: Thu. Jul. 12 2007 6:36 PM ET

Jurors in Conrad Black's fraud trial will resume deliberations Friday after failing for the 11th day to reach unanimous verdicts on all the charges against the former media baron and three colleagues.

The jury usuallly takes Fridays off, but will be back to deliberate from 9 a.m. to 1 p.m.

Reporters at the federal courthouse in Chicago have started examining the clothing jurors are wearing as they come to work, and their body language at the end of each day, to determine if they may be close to verdicts on the 42 charges.

The sight of casual blue jeans on one juror prompted speculation there would not be a verdict Thursday.

Judge Amy St. Eve declined an invitation from reporters to join their card game on the floor of the courthouse hallway Thursday, saying she didn't want to read about it in the papers the next day.

Black and former Hollinger executives Jack Boultbee, Peter Atkinson, and lawyer Mark Kipnis are all waiting to learn their fate.

The jury told St. Eve on Tuesday that they had been unable to achieve unanimity on one or more counts and asked for advice. She told the jury to try to reach a verdict by consulting with each other, sharing views and ideas and re-examining their positions.

Ted Chung, a lawyer and former U.S. prosecutor, told CTV Newsnet anything could happen.

"It may be that the jurors, having heard the judge's instructions to keep considering the case . . . are really pouring through the evidence yet again. And of course there's a lot of evidence, a lot of charges, four defendants."

In total, the accused face -- and in some cases share -- a total of 16 counts of fraud, racketeering, obstruction of justice and tax evasion.

Black faces 13 counts, Boultbee and Kipnis each face 11 and Atkinson faces seven.

Chung said it's possible the jury will come out with a partial verdict, achieving unanimity on some of the charges but not on others.

"If there is a partial verdict and the jurors want to come out and tell the defence and prosecution and the judge in open court, 'We've got a unanimous verdict as to some of these counts, some of these defendants,' the judge could accept that partial verdict -- but then send the jurors back for more deliberations on the remaining counts," Chung said.

Or, he added, the judge could accept the verdicts reached by the jury and declare a mistrial for the remaining counts. The government would then have to decide whether to accept the decision in regards to the mistrial, or to conduct a whole new trial for the remaining counts.

Jury expert Paul Lisnek told CTV News the jurors are likely deliberating and debating behind closed doors in their attempt to come to agreement.

"I think negotiating and compromising is going on, but we don't know whether jurors are compromising or negotiating over defendants, or over specific counts related to one or more defendants,"Lisnek said.

"I'm inclined to say it's something along those lines, as opposed to personality battles among the jurors."

He added that the judge must be careful in her instructions to the jury, and not force them into rendering a unanimous verdict.

"Her words are very carefully chosen. If she goes much further, she runs the risk of a reversal in the case of a conviction," said Lisnek.

The trial

The jury heard, over the course of the four-month trial, from dozens of witnesses and heard evidence about highly complex transactions involving newspapers owned by Hollinger International, a publicly-traded company controlled and managed by Black, who held the title of CEO until 2003.

The core of the case involves the payment of non-compete fees to Black and the others. Those are fees paid to the seller to ensure they do not start up a publication to compete with the one they just sold.

The prosecution argues that Black and the others fraudulently pocketed US$60 million in such fees, money that should have gone to company shareholders.

They also allege Black fraudulently misused about $20 million of company funds on things like parties, trips and a Manhattan apartment.

Black and his co-defendants maintain they did nothing wrong and that all payments were properly disclosed.

With files from The Canadian Press

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