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An email from a juror in the trial of Conrad Black
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Special to CTV.ca
Date: Thu. Jul. 19 2007 2:15 PM ET
Denise Kimmel, a CTV National News producer, had an email exchange with James Kirby, one of the jurors in the trial of Conrad Black. Below is the text of that email.
Although Kirby declined to appear on TV, he gave Kimmel and CTV News permission to use his email.
Kirby was replying to these questions from Kimmel:
You heard so much testimony, facts and figures plus video -- what convinced you of Conrad Black's guilt on the four counts? How did David Radler's testimony factor in on that? You saw Conrad Black everyday and although he didn't testify, what did you think of him? I can imagine it was a long four months to commit to this case. What was the feeling in the room when the jurors were deadlocked and when you were trying to overcome that? In closing arguments, Eddie Greenspan apologized to the jury. What did you think of him during the trial and did that change after his apology? You heard all the evidence -- what type of sentence do you think Conrad Black deserves?
Kirby's reply uses initials for some of the players -- CB for for Conrad Black, DR for David Radler, EG for Eddie Greenspan.
Hello Denise,
Before I try and answer your questions, let me first say that I understand why you'd prefer to speak in person, aside from Canada's great interest in the case. In such a visual medium, words may not translate as well as pictures, and based on the number of calls I've received, yours is a very competitive business. However, from my standpoint, written responses afford the chance to put some thought into this, rather than blubbering in front of a camera, increasing the chances of being taken out of context. But more importantly, as a juror, my responsibilities ended last Friday, but the case has multiple phases still to come. I would hate to do or say anything that might have even the remotest bearing on any of those proceedings, however unlikely. That's why I was hesitant to go even this far. I have absolute trust that you will use whatever I say in the spirit in which it was offered. If my answers are less than satisfactory for your purposes, it's because I'd rather error on the side of caution. After all, it's just TV. All of that said, here goes, in the order you asked. Note that I am speaking solely from my perspective, not on behalf of any other jurors. Also, recognizing your focus on CB, my thoughts apply to all of the defendants.
1. Rather than divulging a particular piece of evidence or slice of testimony that "proved" CB's guilt beyond a reasonable doubt on 4 charges, or did not prove it on the other 9, let me just say that it was more than specifics that led to either verdict. The totality of events as described and indicated in the myriad documents that I saw also influenced all verdicts.
The road to hell is paved with good intentions, pick up at answer no. 2....
2. DR's testimony, obviously, was important, as was the testimony from all witnesses. I evaluated his testimony fully aware of the circumstances noted during the trial under which it was provided, as well as on the pertinent section of the detailed Jury Instructions.
3. You are correct in that I did see CB, and the others, every day. By asking what I thought of him, do you mean as a person or for what I thought he may or may not have done? As I believe you meant the former, I'm not sure anyone could have a valid opinion on someone whom they have only "met" under those circumstances.
4. I will leave it to others to discuss the mood of the deliberations as I prefer to keep my thoughts on that private. I will say, however, that the term "deadlocked" may be being misinterpreted by many in this case. To most, the term implies finality on a particular issue. But I viewed the "Big Note" primarily as a temporary break in focus, with the intention of seeking advice on how to best deal with it rather than a statement that we reached an insurmountable impasse. Perhaps we should have rephrased it. But don't forget, we were all new at this.
5. Since I've never seen EG in action, I can only guess about his motivations. His demeanor during the trial might have been strategic role-playing, including the apology. If not, he had a tough job and if he felt the need to apologize, I take it at face value.
6. As far as sentencing goes, that's way out of my league. Rather than speculate, I recommend we leave that to whatever criteria the law permits.
Good luck with your coverage.
Regards,
James Kirby
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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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