Susan Berger is a freelance journalist in Chicago. She has been in the courtroom since the beginning of the Conrad Black trial and writes a blog www.blacksjustice.com.

Conrad Black was back before Judge Amy St. Eve in Chicago Thursday to find out where he'd be permitted to spend his time until he is sentenced for three counts of mail fraud and one count of obstruction of justice.

Black, his wife Barbara Amiel and daughter Alana entered the courtroom at 1:25 p.m. Black appeared to be wearing the same beige suit and blue shirt as he did the day the verdict was read.

The judge noted that the prosecution filed a motion to remand Black. The motion, filed just an hour or so prior to the hearing, was filled with strong language demanding Black be taken to jail.

The motion noted that Black was a four-time felon, said he had a lack of respect for the conditions of his release and the judicial process, that his conduct should be taken into consideration and that he should be detained.

The prosecution also noted that Black is in default on his mortgage for his Palm Beach, Fla., property and that the current $21-million US bail is inadequate. The prosecution's calculation of sentencing guidelines found a range of between 24 and 30 years in prison.

The arguments

As the arguments got underway, Black sat stone-faced. Other than a clenched jaw and a somewhat annoyed expression from time to time, he seemed to be distracted.

In addressing the question asked by the judge regarding whether there were more assets Black could provide for bail, attorney Edward Greenspan told the court that "when it comes to maters of civil law, nothing is simple."

He brought with him Canadian attorney David Roebuck, who he said "was here to make sure I make no errors."

Roebuck represents Blacks in certain civil actions, he said.

Greenspan spoke to the judge about an order entered on Sept. 29, 2006 in a Canadian court that in essence freezes the assets of Black and his wife.

St. Eve said she was not satisfied when Greenspan said he had spent the last six days trying to get legal advice about how the assets might be unfrozen. She asked that Black's lawyer go to the Canadian courts and seek a modification of the order.

"I was hoping that you would have some good faith proposal on additional assets," St. Eve said.

Greenspan answered that "we will do everything we can."

Travel to Canada

The conversation turned to the possibility of Black travelling to Canada. Greenspan suggested that U.S. or Canadian customs officials could take Black's passport when he entered Canada and keep it until his return.

Greenspan also spoke about Black's temporary residence permit.

"He is not a Canadian citizen," Greenspan said. "He is only there on a permit. He can return until Nov. 27, 2007 unless it's extended. I am told it will be."

Greenspan also argued that as for extradition, his client "is one of the most widely known citizens in Canada" and that if Black chose to fight extradition, "he would be in for the stupidest, roughest ride."

But when Greenspan said it would only take a phone call to get Black back, Sussman shot back: "There is no call I can make to Canada to get anything other than a pizza."

And while the entire courtroom laughed, Greenspan did not. "This is not about pizza," he said. "It's about arrest."

And while Sussman argued that Black should be placed in custody, the judge was of a different opinion.

"I disagree. This is a different case," St. Eve said. "Give me material of convictions of white collar crime and you might be in a better position of argument."

Not a financial burden

Sussman also argued that for Black to remain in Chicago is not a financial burden, as it was for Jack Boultbee and Peter Atkinson.

As for his collateral, Sussman said, "his assets will be owned by someone else very shortly."

"Black's word is not worth the paper it's written on right now," Sussman added.

St. Eve appeared somewhat annoyed and noted that at that point, they were more than an hour into the proceedings.

"I started with three questions and still have no answers.

"I am denying the government's request to take [Black] into custody because there is clear and convincing evidence that Black is not going to flee," St. Eve added.

The judge said that the $21-million bond was sufficient to insure his return. She ordered that Black stay in the northern district of Illinois or Palm Beach, Fla., and that he check in with a pre-sentencing officer regarding his whereabouts.

St. Eve set another hearing date of Aug. 1, when she expects to receive more information regarding extradition and more details about his assets. She also said the court will keep Black's passport.

50-50 chance

The moment Black heard he would not be going to jail, his face instantly relaxed. The judge asked him to come forward and explained the terms of his release. She said she would take travel to Toronto under advisement.

In an interview, Hugh Totten, a Chicago attorney who has attended much of the trial, said he thinks Black has a 50-50 chance of being allowed to go back to Canada.

He said he believes the judge will want written court documents regarding extradition and "not the word of just some former judge" before she would let Black return to Toronto.

Totten also said that more assets may help assure the judge. But perhaps most notable, Totten said, is Black’s defiance.

"He is wanting to fight and clear his name [on appeal]," Totten said. "That makes it obvious he is not a flight risk. Conrad Black does not think of himself as a fugitive. He thinks of himself as wrongly convicted."

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