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In Co-Defendants Bail Request, A Hint at Conrad Black's Appeal Strategy

Magazine article Editor & Publisher

In Co-Defendants Bail Request, A Hint at Conrad Black's Appeal Strategy

Article excerpt

The judge who presided over last year's federal fraud trial of fallen press baron Conrad Black and three co-defendants erred in letting the jury conclude the former Hollinger International executives willfully ignored the improper pocketing of millions from the Chicago Sun-Times parent, one of the those co-defendants is arguing in a request to be freed on bail pending appeal.

In court documents filed this week in U.S. District Court in Chicago, former Hollinger Vice President Peter Atkinson outlines an appeals strategy that is likely to be followed by Black and two other Hollinger executives convicted last summer, former CFO John "Jack" Boultbee and former General Counsel Mark Kipnis. All the defendants have indicated their intention to appeal.

In the motions, first reported by Canadian journalists, including CanWest News Service reporter Allison Hanes, Atkinson's attorneys say they intend to pursue four issues on appeal. They argue that the legal merits of the appeal are sufficient to justify freeing Atkinson on bail while it is pursued.

They appear to be pinning most hopes on the so-called "ostrich" instruction trial Judge Amy J. St. Eve gave to the jury.

Atkinson, a Canadian native like Black and Boultbee, was sentenced in December to 24 months in U. …

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