Court adjourned...
Court adjourned until Monday. It's another three-day week next week. Hutchison says he expects to finish his case then.
May 2009 archives
Penner done
Penner's testimony is done. He's the last witness of the afternoon. The Crown says he's not going to call back the "hearsay three," Light, Strong and Bennett.
Penner cross-examination...
Edelson is going into great detail in his questioning about the appointment process. He's done this several times now with different witnesses. It seems to be a bit of a preoccupation of his, and I think it's going to form a significant part of his argument. He's also just confirmed with Penner that the PMO never received Terry Kilrea's CV at any time, from anyone.
No request...
Penner says after checking his records he discovered John Reynolds forwarded four CV's to his office for consideration, but he received no request from Reynolds or anyone else regarding Terry Kilrea.
The appointments' process
Penner says in July and August 2006 there was one vacancy on the Parole Board. It wasn't filled until October 2007.
Hear Alistair Steele's wrap...
on a significant morning for the Crown here.
We're back...
PMO director of appointments David Penner is on the stand. He's explaining the process for appointment to the NPB.
A win for the Crown...
Cunningham says “the evidence of the three witnesses will have probative value, it may not…that will be for me to determine." This is a major coup for Hutchison. Edelson is not asking for another round or cross-examination with Light, Strong or Bennett. Lunch break.
MacLeod done
MacLeod's testimony is over. Edelson says he's "disturbed" by MacLeod's evidence. He's suggesting the Crown led the witness. He says in light of that, her evidence has "significantly diminished weight."
No backing down...
MacLeod isn't backing down from her original account. Still under cross-examination, she's firm in her recollection of her meeting with O'Brien. Specifically, that O'Brien said: "We're talking to Terry about an appointment."
"Vagueness"
Edelson says there's an "element of vagueness" to MacLeod's recollection of her conversation with O'Brien on July 31st. MacLeod agrees.
MacLeod cross...
Edelson says in March 2007 when MacLeod was interviewed by police, she was dealing with a difficult family issue: Her father was diagnosed with terminal cancer, and she was shuttling back and forth to the east. She complained to Detective Sargent Brian Mason that Citizen reporter Gary Dimmock was harrassing her through Facebook, on her cell phone...even at the hospital when she was visiting her father. It's not clear yet why this is relevant.
More from MacLeod...
On July 31st, 2006 MacLeod met with O'Brien in her constituency office in Barrhaven. She had never met him before, and wouldn't have been able to recognize him on the 12fth. She says the discussion focused on O'Brien's campaign, but Kilrea did come up in the conversation. She says O'Brien told her: "We're talking to Terry about an appointment." Asked an appointment to what, MacLeod says: "I believe it was to the National Parole Board." She describes the discussion as "casual" Cross-examination begins.
A sighting...
MacLeod actually saw Kilrea at 700 Sussex on July 12. She'd been at the Holtz Spa across the street. She was getting a "style and foils". She can't recall whether Kilrea was with anyone.
Break time...
Break time: Lisa MacLeod is up at 11:30. The judge is reserving a decision on the hearsay issue until later. Either way, both lawyers may want to recall Light, Strong or Bennett for re-examination.
The argument for...part 2
Edelson's done, Hutchsion's back on his feet. With respect to it being a "dead issue" after July 12, he says the court will have to deal with e-mails between O'Brien and Kilrea after that date that he says seem to show there was a continuing discussion about the offer.
Ahoy matey...
Edelson argues..."It has no value unless what was said A) is brought back to Mr. O'Brien personally, and B) is true." On the truth of the evidence, Edelson says saying it “a hundred times" doesn’t make it true. He says if it’s all about rumour, it’s valueless as a corroborative tool. He's again accusing Hutchison of trying to "pirate" hearsay evidence into the trial. Hutchison said earlier his son was excited to hear he'd been described as a "pirate" in court (Edelson used the same term yesterday).
More on the argument against...
Edelson says even for Terry Kilrea, the offer was a "dead issue" after the July 12, 2006, because he never even brought it up when he met with John Baird. "My friend's whole theory is built on quicksand...It is hearsay, and it is unquestionable hearsay."
No value...
Edelson to Cunningham: "What we have is nothing, as you’ve observed, that relates it back to Mr. O’Brien…I submit it has zero probative value.”
Now the argument against...
Justice Cunningham seems unconvinced. He says the whole thing seems like a lot of "chatter" among "political types...What use is this to me?" Edelson's up now. He says the Crown is under some serious "misapprehensions."
The argument for allowing the latest evidence...
Hutchison's argument for allowing the evidence is subtle: Again, he doesn't want it admitted to prove its truth, just to prove certain statements were made at certain times. Hutshicon says the significance is "that it will corroborate the evidence of Mr. Kilrea with respect to the continued existence of the offer…Mr. O'Brien said it was a dead issue at three o’clcok on July 12th (2006). If that’s accurate, there’s no way to explain John Light's evidence."
Bennett's done...
Edelson says: “It could have been rumour that may have been the source (of Bennett's knowledge of the alleged offer). The one thing we do know is that it wasn’t Mr. O’Brien who was the source of this because you told the police that unequivocally." Bennett says when he told Light "he's done", he was referring to Kilrea's faltering campaign. Bennett's testimony is over. Hutchison says MacLeod's ready at 11, and Penner's ready at 2. Now they'll argue the hearsay issue.
Now the cross...
Cross-examination begins. Bennett tells Edelson he never spoke to O'Brien about Kilrea in any way, shape or form during the 2006 campaign (Bennett had declined Strong's request to help raise funds for O'Brien because he wasn't interested in working at the municipal level).
More...
Bennett recalls hearing about a parole board appointment for Kilrea, but can't remember whether he heard it from Greg Strong, or read it in the newspaper. He says Strong did tell him "don’t worry about it, he’s going to be gone anyway from the campaign" at one point, a comment Bennett repeated to John Light during the kitchen call.
More on the now famous "kitchen" call
Bennett is now recounting what's become known as the "kitchen call" to John Light. So far it sounds a lot like Greg Strong's version.
"It all began at a small..."
When Crown Scott Hutchison asks Thom Bennett to give the court a brief bio, Bennett goes back to the age of eight. "I didn't mean for you to go back that far," Hutchison says. Justice Cunningham: "It's going to be a long day."
Voir dire continues...
Alistair Steele is back blogging. Thom Bennett is on the stand. The voir dire continues.
Friends in the court...
Among O'Brien's friends and supporters in the court room this morning: Eric Lamoureaux, who was the mayor's chief of staff until he left that post just before the trial. He's sitting beside Lindsay Valente, the mayor's communications person (she's on leave, along with the rest of the staff in the mayor's office).
Wednesday in courtroom 36
Tory fundraiser Thom Bennett is today's first witness, as the voir dire continues in court room 36. When Bennett's done Justice Cunningham will rule on the admissibility of his evidence, as well as that of John Light and Greg Strong, who we heard from yesterday. The Crown is planning to call MPP Lisa MacLeod and PMO appointments chief David Penner later today
Hear Alistair's wrap...
on the day here.
Up next...
Thom Bennett will be in the witness box tomorrow morning. Justice Cunningham will rule on the admissability of the evidence after that.
Strong is done...
Strong is done. An uncharacteristically short cross-examination from Edelson. Bennett is unavailable this afternoon. He'll appear tomorrow, followed by MPP Lisa MacLeod at noon, then David Penner, the PMO staffer in charge of appointments.
The "kitchen" call
The first phone call to Light was made from Bennett's kitchen. Strong says O'Brien was not in the room. Strong made the second call from his car. Strong says the rumour "in the wind" was that Kilrea was "shopping himself around" at the time to get some kind of appointment. But he insists those conversations never occurred with O'Brien or Bennett.
Greg Strong in the witness box...
Greg Strong's memory of his conversations with John Light are quite different from Light's. He says the only time the parole board issue arose was in casual conversations with others about what Kilrea would do after he withdrew. He can't remember who he had those conversations with, but it wasn't with Bennett or O'Brien.
Brief break...
John Light's turn on the stand is over. Greg Strong is up next. Brief break before court resumes.
Edelson cross...
Edelson is now cross-examining Light. He pointed out that in Light's original statement to police, he never mentioned that 30-second delay during the call from Bennett.
Light conversation..
John Light has just recounted the story of the phone call, and a later call with Greg Strong. In the first call, from Thom Bennett (Strong and O'Brien were also in the room), Light says Bennett offered him a job running O'Brien's campaign. Light said he couldn't because he'd promised to support Kilrea. He says there was a pause where Bennett covered the phone, then came back 30 seconds later and said: "Don't worry about Terry. He’s going to be dropping out of the race soon, he’s been offered something.” He says in a subsequent call, Strong told him: "Keep this between you and me…Terry won’t be in the race much longer, he's being offered something through the party. Dimitri Pantazopoulos is working on an offer that I think Terry is going to accept.” Asked to clarify, Light says Greg told him it was "a federal offer" that was being discussed.
The voir dire begins...
John Light has taken the stand to begin the voir dire. There will be no publication ban on the evidence because it's a judge-only trial, but readers should note that evidence mentioned here may later be ruled inadmissible.
Trouble for the Crown?
Cunningham is asking Hutchison to lead the relevant portions of the evidence in a voir dire. At the end of that process, Cunningham will make a ruling regarding the admissibility of that evidence. Edelson says his cross-examination will focus on whether the source of the information was O'Brien. Hutchison maintains that if two weeks later, people on O'Brien's campaign were still talking about an appointment, that's relevant. Cunningham seems unconvinced. The Crown's case could be in real trouble here.
Still arguing admissability...
Again, Edelson says the source is key: John Light never talked to O'Brien; Bennett says he never discussed the parole board appointment with O'Brien; and Strong says he only ever discussed buying Kilrea's web site with O'Brien. So where does the parole board statement come from? Edelson: "It could be ether, it could be rumour...it could be Kilrea, in which case it's inadmissible."
Here's Stephane Emard-Chabot's take...
on what's happening right now...
The current debate is about the admissibility of the testimony of three key witnesses: John Light, Thom Bennett and Greg Strong. In early August 2006, Light was approached to become O'Brien's campaign manager but felt he had made a commitment to Kilrea. Apparently, Strong and Bennett would have told him that an appointment was in the works for Kilrea. None of this potential testimony would tie the appointment offer to O'Brien directly, but it would, as the Crown stated, confirm Kilrea's version of events, namely that the offer of an appointment was still live when Kilrea and O'Brien met in the Tim Horton's parking lot. This would also contradict O'Brien's answers in his interview with the OPP. O'Brien stated that the he had indicated to Kilrea, on July 12, that he could do nothing to help him with his nomination. If the testimony is not admitted, this will likely force a change in the Crown's game plan as the prosecution's case would lose a significant component.
The judge indicated he is currently leaning towards holding a "voir-dire". This procedure is, in fact, a mini-trial within the trial to determine whether or not the evidence can be admitted during which the judge hears the testimony a first time to determine whether it can be entered. If it is admissible, it would then be heard a second time to be entered into the record. As technical as these issues might seem, they are crucial. Each of the judge's rulings on admissibility of evidence can be used as grounds for an appeal by either party.
A "voir dire"
Cunningham says he's "leaning towards a voir dire" to settle the issue of hearsay evidence.
Come back in a bit...
Strong and Light get a long lunch break: They've been dismissed until two o'clock. Bennett will be called tomorrow...that is, as I've mentioned, if Cunningham allows the evidence.
The release...
of the videotaped OPP interview with Larry O'Brien is delayed. There are technical issues at the courthouse end. It will be posted on this site when we get our hands on it.
Still on hearsay...
We're back from break. Edelson still up there. Turns out there were two separate police interviews with Greg Strong. That caused a bit of confusion here. Greg Strong happens to be sitting outside courtroom 36 right now, but he may have a while to wait. Once we get through this issue, John Light will be first on the stand. That's IF Cunningham allows his evidence. If he doesn't, the Crown likely won't bother with Strong or Thom Bennett.
Listen to Alistair Steele's wrap...
on Tuesday morning testimony at the trial of Larry O'Brien here.
More on admissability...
Edelson says Greg Strong told police he never talked to O'Brien about the conversation between O'Brien and Kilrea. Strong says the Parole Board issue never arose. Strong says the only matter that arose was the possibility of buying Kilrea's web site, Runawaytrain.
The "origin"
Edelson says there are only three possible sources for the alleged statement about the parole board offer: "Mr. O'Brien, Mr. Kilrea, or the rumour mill." Edelson says the matter of the source is paramount: "What was its origin? What's the DNA of that information? The admissibility of that evidence depends on that origin." Edelson asks, therefore, what's the relevance of hearsay evidence from Greg Strong and others.
More...
...what's more, Thom Bennett never actually worked on O'Brien's campaign. Edelson says he simply facilitated the phone call from Strong to Light, because he knew Light and Strong didn't.
"Gone"
Edelson says Thom Bennett told police the only discussion about Kilrea being "gone" revolved around Kilrea's faltering campaign, and had nothing to do with any parole board appointment. Did O'Brien ever say anything about an appointment? "Never ever," Bennett told police. What about O'Brien's campaign manager, Strong? "Never ever ever ever." Mason asks what the alleged comment "he'll be taken care of" meant. "He'll be gone," Bennett replied.
Back to Alistair...
The court is spending some time on the hearsay minefield that will likely emerge as the most problematic component of the Crown's case. Hutchison is urging the judge to accept "out of court statments" as evidence not for their truth, but to demonstrate that certain statements were made, and when they were made. Hutchison says that will help Justice Cunningham judge the overall truthfulness or credibility of Kilrea's testimony. The timing of the statements is key here: The Crown wants to show with the next three witnesses that the alleged parole board offer didn't "die at the cafe table" on July 12, 2006. The Crown wants to show that members of O'Brien's campaign team were still talking about "working the gears to get Terry an appointment on the Hill" two weeks after O'Brien and Kilrea first met. Edelson says he's concerned about the Crown trying to "pirate hearsay into evidence through other means."
Cory O'Kelly writes...
The testimony of John Light , assistant to Pierre Poilievre, should be key. Light has made hearsay statements to police that the gears were being worked on Parliament Hill to get Kilrea an appointment and that he will be out of the race. The question is will the court allow hearsay from this and other witnesses. Much of the Crown's case is based on this kind of narrative.
Still to come...
Crown Scott Hutchison has just announced the next three witnesses: John Light, Greg Strong and Thom Bennett. All will present what Hutchison prefers to call "out of court evidence." Others call it hearsay.
The reasoning...
Justice Cunningham noted there's a presumption of access to trial exhibits, unless there's strong evidence that such a release will cause harm. He says here there's no such evidence. He also noted "public access to exhibits should only be curtailed with real reluctance." He also noted Edelson's concerns that the media will only play selective portions of the tape rather than the whole thing, and urged the media to exercise fairness.
A delayed start...
Alistair Steele writes...
We're still waiting. Hutchison and Edelson are in the judge's chambers right now, discussing the DVD release. Lots of anticipation here in court room 36.
Cory O'Kelly tells us...
John Light will be the first witness up this morning.
Alistair Steele is blogging again today...
We'll find out in a few minutes whether Justice Cunningham will allow the release of the DVD of Larry O'Brien's interview with OPP in April, 2007. The feeling among journalists covering the trial is he'll say no. That would be consistent with his earlier rulings on electronic devices in the court room: Blackberries and laptops are in, video cameras are out. You can imagine the concern from O'Brien's perspective: No politician wants a video of himself or herself under police interrogation in the public domain, no matter the outcome of the investigation. Can't you just see it on a rival candidate's election ad next election? Or going viral on Youtube? Chances are if you didn't see it in court room 36 yesterday, you never will.
May 25, 2009
We're adjourned...
Adjourned till 10. Justice Cunningham will rule on whether to release the video of the O'Brien interview first thing tomorrow.
More from O'Sullivan...
There was no indication in O'Sullivan's notes that O'Brien had ever actually contacted John Baird.
O'Sullivan testifies...
She responded to a call from O'Brien the day after the mayor's interview with the Citizen. O'Brien said the matter was "serious, he wanted to do the right thing, and he wanted to turn the file over to police." O'Sullivan says O'Brien told her it was Kilrea who brought up the parole board. O'Brien said he didn't know about that, but "found out very quickly that would be inappropriate." Ottawa police quickly recognized the conflict of interest, and handed the matter over to OPP.
Mason done...O'Sullivan is up...
Ottawa deputy police chief Sue O'Sullivan is on the stand. Hutchison is sure playing it down though. He calls her "a small piece of the overall narrative. I don't know if she'll make or break either side." She speaks very quickly...she's been asked to slow down several times now.
More from the Mason cross-examination...
At one point, Mason was looking for 10 "confidential donors" to prime minister Harper's campaign. He wanted to see if O'Brien or Calian was among them. Ian Brodie, Harper's chief of staff, handed over a volume with thousands of names. Mason didn't find O'Brien's. He didn't look for Kilrea's.
The political climate...
Edelson says when Mason asked Sean McKenny who he was supporting, McKenny "flew off the handle. He's giving you hell. He was angry with you. He was raising his voice."
Mason: "He was angry."
On the political climate at the time, Mason says: "There was animus across the board."
The appointment process...
Mason didn't check to determine whether there were any vacant positions on the parole board in 2006. There weren't. He did interview PMO appointment chief David Penner in May of that year to suss out the actual appointment process, which as we heard last week is long and rigorous. Penner will appear as a witness.
We're back...
When Mason interviewed John Reynolds in May, 2007, he was under the mistaken impression that Reynolds still had a role in the government. "That would have been very relevant," says Edelson, since a member if the government would have been more likely to be able to arrange an appointment.
A short break...
Another short break. Hutchison may get to another witness before the day ends. We're hearing it could be Ottawa's former deputy police chief Sue O'Sullivan. She was spotted in the court house earlier today.
Fixing the leak...
Mason was so concerned about information about the case being leaked that he traveled to Perth to swear applications for production orders, something that would normally happen right here on Elgin Street. It didn't work: he never plugged the hole.
A pivotal point?..
One detail from O'Brien's interview that will become pivotal: That during their first interview, Kilrea brought up his aspiration to become a justice of the peace. Strange, since going into the meeting O'Brien didn't even know what Kilrea did for a living. We found out last week that prior to the 2006 campaign, Kilrea had actually applied to become a JP. Edelson points out that after the April 3 interview with O'Brien, Mason didn't go back to Kilrea to ask how O'Brien could have known about his JP dream.
You can read the transcript...
of the April 3, 2007 interview the OPP did with Larry O'Brien here.
Mason continues...
At one point Labour Council president Sean McKenny called Mason to check on the investigation. Mason says McKenny seemed to have inside information he should not have been privy to.
Back from lunch...
We're back from lunch, and Edelson's cross-exam of Mason continues. We now have a transcript of the O'Brien interview we saw this morning. We're hoping to post it shortly. As for the video, our lawyer, along with Canwest's lawyer, made brief submissions to the judge after the lunch break. But we're told we may not get an answer today.
Mason cross continues...
Edelson is going about his cross examination of Brian Mason in typically meticulous style. This could take a while. Meanwhile, lawyers for Canwest and the CBC are making plans to aks the judge to release the video and transcript we saw this morning.
Edelson's turn...
Edelson has just shown Brian Mason a document Tim Tierney had compiled containing the e-mails between Kilrea, O'Brien and Baird. Tierney was asked not to touch the database. Not sure how this is significant, but it's been entered into evidence.
Listen to Alistair's...
wrap on Monday morning testimony here.
Brian Mason in the witness box...
Crown Scott Hutchison is now asking Mason about the warrants and production orders he carried out to search for e-mails and phone records.
Politically motivated?..
The video is over. Lots of interesting things to come out of it. At the end, O'Brien appears to think he's got the investigators on his side, and urges them to dig deeper. "Who's doing this? To me it seems there's more to it than meets the eye." He then mentions the unions and Siemens. "I would be very interested to see if there's something else going on."
More from the video interview...
Regarding a phone call on July 19, O'Brien says he was only interested in Kilrea's website, voter lists, volunteer and support. He says Kilrea was the one who kept bringing up the parole board.
A "rookie mistake"
On the video, O'Brien says he suggested Terry Kilrea contact John Baird to apply for a job on the Parole Board. "My message was real clear: you've got to do this on your own." After talking to John Reynolds, O'Brien realized he was "offside." O'Brien calls it a "rookie mistake."
An interesting contest...
O'Brien: "I never offered him a job, period, I never promised a job, period, and I will go on the record saying it. It's hard for me to fathom how he came up with the inferences he did." O'Brien described his first meetong with Kilrea as "a big swinging dick contest...me telling him I could beat him, him telling me he could beat me." They turn to the affidavit. "My favourite reading," O'Brien jokes. One of the officers says: "I won't ask you where..." O'Brien: "On the toilet."
O'Brien's story...
Now O'Brien is telling his story from the beginning. He's speaking very quietly, but we can now see the video on the lawyers' screens.
More from the interview...
Mason begins by telling O'Brien he may be charged with the two offences he eventually was charged with. O'Brien's lawyer is now going over the charges with the mayor.
Listening to the interview...
We can hear, but not see, the interview video. O'Brien's first words: "It's a cozy room." Also there is O'Brien's lawyer, Paul LeBarge, and another detective, Paul Legault. O'Brien asks the officers whether they're Sens fans or Leafs fans.
Show time...
Alistair is back blogging...
Mason took over the case on March 27, 2007. His first order of business was to set up interviews with Kilrea and O'Brien. Those interviews took place on April 2 and April 3 respectively. They happened at the OPP detatchment in Kanata, in what's known as the "hard interview room" near the holding cells. There are two cameras mounted on the ceiling in that room. The court is about to watch the video of the O'Brien interview. The video won't be visible to the public or media in courtroom 36.
Cory O'Kelly writes....
Ten minutes from court resuming, and the crowd outside courtroom 36 is much smaller this morning Just three people waiting at the moment. Inside, they are setting up equipment to play video -- expected to be an interview the mayor did with police before he was charged. Stay tuned.
The week begins with a mystery...
Alistair Steele is back blogging...
The witness list in the Larry O'Brien trial has been a closely-guarded secret from day one. Neither the Crown nor the defence is giving up anything. So much so that none of us knew for sure about John Baird's appearance until literally the last minute of the day before he took the stand. So this week's testimony begins with a bit of a mystery. There have been indications that Det. Sgt. Brian Mason of the OPP's anti-rackets section will take the stand this morning, and there are indications his testimony and cross-examination may take two days...but we just don't know for sure. This will be a short week. The court's taking a day off on Thursday so O'Brien can attend the graduation of his son, Michael, from McGill University in Montreal. Friday will be another day off as usual.
May 21, 2009
That's it for Terry Kilrea...
Hutchison's re-examination took about 30 minutes. He tried to address some of Kilrea's motivations for doing the things that he did. Stephane Emard-Chabot says a short re-examination is probably an indication that the Crown is not overly worried about the issues raised by Edelson over the last days.
The nuclear option
Just before he wrapped, Edelson asked why Kilrea didn't tell his then-media guy Mike Patton about O'Brien's alleged offer. Edelson is suggesting if they'd gone public, they could have destroyed O'Brien's public image before he even entered the race. "You had the nuclear bomb...You now had in your hands the nuclear missile that you could fire at Larry O'Brien."
The long cross-examination is over...
And on the seventh day, he rested...Edelson wraps up his marathon cross-examination. Hutchison's re-exam begins.
Little resemblance...
Edelson on Kilrea's version: "There's little resemblance to the reality of the discussion that took place on July 12, 2006."
Nearing the end?..
Edelson is wrapping up with a very different version of that July 12 meeting between Kilrea and O'Brien. At every step, Kilrea's response: "That's incorrect."
Now onto Lisa Macleod...
After Joe Varner left his campaign, Kilrea threatened to work "night and day" on Liberal David McGuinty's campaign when Varner announced he was seeking the Conservative nomination in McGuinty's riding. He also endorsed Conservative MPP Lisa MacLeod's rival in Nepean-Carleton, and by his own admission voted Liberal for the first time in his life. MacLeod and Varner are married. What ever happened to "I hate Liberals" (the subject line of one of Kilrea's e-mails to O'Brien). Edelson: "You regarded them as traitors."
Here's Stephane Emard-Chabot's take on Baird's testimony...
...and what it means for the Crown.
Mr. Baird's testimony completely corroborated Mr. Kilrea's testimony of the discussion they had. Every single point was exactly the same. That will shore up Mr. Kilrea's credibility. The downside is there is no new evidence there was an offer made by O'Brien, and Mr. Kilrea's version is not enough to convict.
More on Chiarelli...
Edelson says Chiarelli told Kilrea he wouldn't impede his campaign against Alex Cullen in Bay Ward. Chiarelli and Cullen never were best of friends, at least in the council chamber. Kilrea can't seem to remember any of these conversations.
Supporting Chiarelli...
Edelson says Kilrea talked to Bob Chiarelli before the 2006 election to talk about getting an "enhanced position" on council if he won the council race in Bay ward. Kilrea says he sat down with Chiarelli only once, at the restaurant of the Embassy Hotel near City Hall. This was just a few days before Kilrea dropped out of the mayoral race. Kilrea says his endorsement of Chiarelli didn't come up. Instead, he says he first told Chiarelli the day he dropped out. Edelson says Chiarelli was reluctant to accept.
No normal channels...
Terry Kilrea didn't know anything about the normal application process for the parole board. He never submitted an application or a resume.
Lunch comes with a side of ultimatum
Back at 2. Justice Cunningham told the audience that court will adjourn at 3:30 today. He also made it clear to Michael Edelson that his cross-examination of Terry Kilrea will be finished by the time court adjourns this afternoon.
Job-searching...
Edelson is asking Kilrea about his efforts to seek other jobs: A Justice of the Peace and an adjudicator on a landlord-tenants tribunal. For the JP job, Kilrea approached other politicians, including Jim Watson and Bob Chiarelli for help and advice. It's starting to sound as though Chiarelli might be called as a witness.
He didn't get away entirely scot-free...
Turns out some lucky photographers got a snap of Baird getting into his car on Laurier after all, thanks to eagle-eyed Sun scribe Derek Puddicombe.
Baird's done...
Back from break, and Hutchison excuses Baird without re-examining him. As Baird leaves the court room, about 30 members of the media file out after him. Hutchison: "Should I take this personally?" Cunningham: "Was it something I said?" Baird gave the media the slip again, disappearing into the Crown's office, which must lead straight to the court house parking garage. Now Kilrea's back on the stand in a much emptier court room 36.
Hear Alistair's take...
on John Baird's morning testimony here.
Light rail rears its head...
Edeslon's asking Baird about the LRT funding controversy in 2006, when Baird was accused of interfering in the municipal election over his threat to pull the federal portion. He says he was "between a rock and a hard place" because of the awkward timing. We're getting a clearer account of the affair here than we did when a Parliamentary committee delved into it. Too bad that's not today's story
Attempting to clarify...
Baird says he was paraphrasing the e-mail chain with Kilrea, not describing the face to face discussion in his office.
Focusing in on the disparity...
Edelson is now reading from the transcript of Baird's first interview with police.
Big picture thinking...
Edelson is going about this in what we now know is his typical style: Detailed, meticulous and lengthy. Big Picture thought of the day: Unless Edelson is planning to show Kilrea fabricated everything, NONE of what we're hearing here today shows O'Brien didn't PRETEND to have influence over Baird. That, after all, is what the mayor is accused of here.
More on accountability...
Edelson is asking Baird about the usual process for an appointment to the parole board. It's extremely rigorous and complex...a far cry from the way Kilrea went about it. Also, the Accountability Act had been ushered through Parliament the month before the Kilrea e-mails, and the PM was pressuring his ministers to approve only "qualified appointments."
The Accountability Act...
It was common for Baird, as Treasury Board president, to hear from people about appointments. But he typically would forward them to cabinet for approval. Edelson is asking Baird about the Accountability Act, a large portion of which was designed to ensure "qualified appointments."
Hmmm...
Hutchison never challenged Baird on the discrepancy over the July 19th meeting. Why not? Will Edelson raise it?
Edelson's up...
Baird got a call from O'Brien in early 2007 warning him about the story about to appear in the Citizen. Edelson's turn now.
Did the issue arise?...
Baird on the whether the parole board issue arose at the meeting: "He did not raise it. Nor did I."
Step outside...
Hutchison wants to ask Baird how well he knew then-attorney general Michael Bryant. Edelson objected. Baird has been asked to step outside while they hash it out with the judge.
Up and running...
From Alistair...
I'm not suggesting a conspiracy theory, but Blackberry service went down the minute Baird entered the court room!.Testimony is thick and fast. Right now the Crown is asking Baird about the e-mail exchange with Kilrea on July 12.
Baird foils them...
From Alistair...
Baird has eluded the cameras: He's waiting in a room outside 36. He must have come in through the parking garage.
Lots of interest...
Cory O'Kelly chimes in...
More cameras here than at any point since day one. Baird is expected for spend the morning in the witness box. Kilrea could be back after lunch.
See and hear...
Cory O'Kelly and Alistair Steele's wrap on Wednesday's testimony here.
Baird in the witness box...
Alistair Steele has his Blackberry at the ready...
So the big question today: What, if anything, did John Baird and Terry Kilrea say to each other about the parole board offer when the two men met on July 19, 2006? After the confusion of last week, Baird finally has a chance to set the record straight. Either way, Baird is going to have to explain a discrepancy. If the issue didn't arise during the meeting, why did he tell police in his first interview that it did, and why is Kilrea insisting it didn't? And if it did come up, what was with the statement his office issued insisting it didn't? We'll know soon. Expect interest in today's testimony to rival or surpass opening day. The cameras are already gathering, and it's not even 9.
May 20, 2009
Adjourned for the day...
John Baird is in the witness box Thursday starting at 10 a.m. They're not done with Terry Kilrea yet, but he gets a break as another player in this drama takes centre stage.
Another suggestion for Mr. Edelson...
Impatience from the bench. Edelson was going off on tangents.
Justice Cunningham: "Mr. Edelson, how is this helping me?"
He gently suggested Edelson move on, which he has done.
More email stuff...
Seems there's a lot of missing correspondence. Kilrea e-mailed John Baird on the morning of July 12, 2006...the day he met with O'Brien. Mysteriously, the e-mail was sent at 10:40, the time Kilrea has said under oath he and O'Brien were sitting on the patio at 700 Sussex. The subject had nothing to do with the parole board, but with the "O-Train." Kilrea thanks Baird for "clarifying" the federal funding issue in a TV interview the night before. He also quotes something the prime minister said about law and order (Edelson called this a "sucking up e-mail.") Baird replies: "Bob seems to be starting to feel the heat!" He's talking about Bob Chiarelli.
When Terry met John...
What did Kilrea want to meet Baird about? He said in an e-mail he had a "big decision" to make. Kilrea says he was trying to decide whether to stay in the race and risk losing his job over the problem he was having with the Attorney-General's office (his employer). He says he also "wanted to know if the appointment was on the up and up." But he says when they did meet, they didn't discuss the issue at all.
Back again...
Now Edelson has moved on to Kilrea's July 18 meeting with pollster Dmitri Pantazopoulos. More mystery phone calls...Kilrea can't remember any of them.
More on the calls...
There were another three phone calls on July 13th, in addition to what Edelson is calling O'Brien's "I screwed upl" call. Yet Kilrea can't remember what any of them were about. Kilrea has also told the court O'Brien said Baird was "pissed off" about the way the thing had been handled. In fact, those words don't appear anywhere in previous statements. Edelson to Kilrea: "You have a way of misunderstanding, misapprehending, or twisting what people say to you."
More "ouch"
Edelson on Kilrea's sometimes baffling answers to his questions: "We're not making this up as we go along Mr. Kilrea, are we?"
Missing phone calls?
Were there missing phone calls? Kilrea has only ever mentioned one call, on the afternoon of July 12, 2006. Phone records show there were three more between 3:15 and 5:16. The first and the last were from O'Brien's cell to Kilrea's. The middle two were from Kilrea's home to O'Brien's cell. Edelson: "What were those calls about?" Kilrea can't recall the conversations.
More on the parole board...
Edelson has just pointed out that among all the e-mails seized by police, there is "not a word to Mr. O'Brien about the parole board issue." Most of the messgages between Kilrea and O'Brien dealt with a problem Kilrea was having with his employer, the Ministry of the Attorney General.
Hear, hear...
Alistair Steele's wrap on Wednesday morning tesitmony here.. We're taking an early lunch today.
We're in the "crux" of it now.
Now Edelson is on to Kilrea's e-mails to Baird. After his July 12th call from O'Brien, Kilrea messaged Baird: "I have just been advised about an appointment with the National Parole Board. I have been told to contact you and give you a heads up." Baird's reply, seven minutes later: "Sorry.....what does this mean?"
More from Alistair...
Edelson: "Mr. O'Brien never represented to you in any way, shape or form that he, Mr. O'Brien, had any influence over John Baird." According to Kilrea's various statements, O'Brien had told him, on John Reynolds' advice, to contact Baird about the appointment.
What's in a "queue"?
What is a "queue" anyway? Kilrea says when O'Brien first told him his name was in one for a parole board job, he thought it meant "a list." Edelson has edified him: of course, a queue is a "lineup." Not quite sure why the definition is so important, but mysteriously, Kilrea told police and Crown in his March 2009 interview he was "fifth in the queue" for a PB job. Where did that come from?
Back from break...
Edelson is quoting from various media interviews Kilrea gave in the fall of 2006 in which he said no one had approached him with an offer, he didn't consider his meeting with O'Brien a bribe, and he "couldn't be bought."
Break time...
We're getting a longer than expected break. The lawyers have been summomed to judge's chambers, we believe to discuss scheduling. Justice Cunningham is planning to break early for lunch today, so our morning's coming to a close.
Kilrea's idea?
Edelson to Kilrea: "You were the one, according to your own testimony, to name a federal appointment or federal job, and named it to be the National Parole Board."
Who first mentioned the parole board?..
In testimony, Kilrea's said O'Brien asked him "What if my team found you other employment?" Kilrea answered "Well, that's federal." Then Kilrea mentions the parole board. Again, it was Kilrea who first raised the possibility of a federal appointment.
We appear to be getting closer...
In his April 2007 interview with police, Kilrea said O'Brien asked "What if something could be done for you?" Kilrea replied "I'm not looking for anything. I'm hoping to win the election." No specific mention of a parole board appointment. In his affidavit four months earlier, it was Kilrea who first mentioned the parole board, and O'Brien who said: "What if I can make that happen?"
Is the "meat", the "crux"?
Edelson: "Let's examine the meat of the issue..." The alleged parole board offer.
Other details...
Edelson has now moved on to other details. He's clearly trying to show that Kilrea's story "evolved" over the course of his various accounts between the December 2006 affidavit and present.
More inconsistencies...
...according to Edelson, other inconsistencies are: Kilrea told the court O'Brien told him he represented "a problem," and that some "high-placed Conservatives" were behind O'Brien's bid. Those terms don't appear in Kilrea's affidavit or statements to police.
The word of the day is...
The "Word", as it shall henceforth be known, has now been uttered some 20 times. Edelson is pointing out there were two different versions of Kilrea's story: In March 2009 he told police O'Brien had threatened to (the word) him directly. In court he said O'Brien told him he and his friends "could have just (the word)" Kilrea. In both the affidavit and in his first police interview, Kilrea didn't mention the word at all.
Cue the Watergate references once more...
Oh dear...Edelson is asking Kilrea about that word..."ratf**k." Edelson notes it didn't appear in Kilrea's affidavit. Kilrea says he doesn't recall hearing the word prior to July 12th, 2006. While all this is going on, the court room is full of visiting high school students. Quite the education!
Entourage lite...
We're off. Edelson is asking Kilrea about the "substance" of his first meeting with O'Brien. O'Brien's entourage is noticably smaller today. For the first time since this trial began, his wife Colleen is not at his side.
An early start...
Alistair Steele is back blogging today...
Terry Kilrea's sixth day on the witness stand begins at 9:30. That's half an hour earlier than usual...a sign that Justice Cunningham wants to move things along? It'll mean an even longer day for Kilrea. One of my colleagues has described this as an "endurance test." Only Edelson knows where the finish line is.
See and hear....
Cory O'Kelly's and Alistair Steele's wrap-ups on Tuesday testimony here.
More questions about Kilrea's credibility...
Now Edelson is going over the summary of Kilrea's statement to police in April 2007. Neither then nor in his March 2009 interview did he say "high-placed Conservatives" were behind O'Brien's alleged offer, which is what he stated under oath earlier in the trial.
The "crux" gets closer...
Finally, we're getting to Kilrea's account of that first meeting with O'Brien. Right now Edelson is reading from the transcript of Kilrea's pre-trial March 2009 interview with police. In it, Kilrea says "I can't remember everything."
Still on the affidavit
Edelson is pointing out the differences between the various drafts of Kilrea's affidavit. Each draft contains what Edelson calls "a multitude of changes." For example, there's no mention of Kilrea's meeting with pollster Dmitri Pantazopoulos in the first draft. In other cases, dates are simply left blank until the final version.
More on the afffidavit
Edelson says it was "reckless" of Kilrea to swear the affidavit without cross-checking e-mails and phone records to verify simple details like dates. We now know the affidavit is rife with small errors, including the date of Kilrea's first meeting with O'Brien. However Kilrea is standing by everything else in his statement.
Back from break...
Back from a short break, and Edelson is questioning Kilrea about the affidavit he drafted with lawyer John Westdal in December 2007.
Still smarting...
Edelson just asked Kilrea whether he'd describe Bay Ward rival Alex Cullen as "anti-development."
"Alex Cullen is anti-everything that's good," Kilrea answered. Guess he's not quite over the beating he took on election night!
Back to Kilrea's credibility
Edelson is clearly returning to the issue of Kilrea's credibility. He's just shown that Kilrea was twice in breach of the Municipal Elections Act by the end of his 2006 mayoral campaign. Now Edelson's asking where the "loot" came from for Kilrea's campaign for city councillor.
Oh that elusive "crux"
And we're back. Edelson is still hammering away at Kilrea's campaign finances. Where's the "crux"?
What was Baird's office thinking?
Alistair ponders...
Why did John Baird's office put out a statement last Thursday saying Baird and Terry Kilrea never discussed an appointment to the National Parole Board on July 19, 2006 when the police transcript of the interview shows that they did? The transcript of the May 4, 2007 interview with police reads that Baird said "Terry Kilrea brought this issue of the parole board during the meeting". Later, Baird went on to say that Kilrea had first raised the issue in an email, and then at the meeting "we had a bit more of a substantive discussion about it". In a second interview with police in October 2007, Baird said he didn't believe the subject of the parole board appointment came up. It's Baird who appears to be contradicting himself. It will be interesting when he appears in the witness box.
Hear Alistair's wrap on Tuesday...
...morning testimony here.
Back to the testimony...
Edelson is asking Kilrea about his fundraising strategy during his 2006 campaign. Kilrea told police even to run a "frugal" campaign he needed to raise $100-150,000. And that was just to "keep going." Kilrea only raised $30,000...not even close.
Posed in good faith...
Justice Cunningham says Edelson's questions to Kilrea last Thursday were posed in good faith, and were therefore "not inappropriate" based on Baird's two statements to police. Kilrea is back on the stand.
More from Alistair...
Hutchison isn't actually claiming the issue didn't come up at all during the Baird-Kilrea meeting...just not in the detail Edelson is claiming. Therefore, says Hutchison, Edelson's line of questioning to Kilrea last Thursday was unfair. Justice Cunningham is about to take a brief break to ponder all of this.
Hutchison on the second interview...
Hutchsion is also dwelling on that second interview, where he says Baird is "unequivocal" in his denial that the Parole Board issue arose during the July 19th meeting. "It never came up in the meeting where he met with me," Baird told police in October 2007.
A second interview...
In a second interview with police (in October 2007) Baird told investigators the Parole Board issue did not arise. Two interviews, and apparently, two versions of the July 19th meeting. Edelson points out that Kilrea had brought up the appointment in e-mails a week before the meeting. He says it's reasonable to think that the issue would have at least come up when the two men met face to face.
Reading from the transcript...
Edelson is now reading from the transcript of Baird's interview with police, which appears to support the idea that the Parole Board issue at least came up during the July 19th meeting in Baird's office.
Edelson responds...
Edelson is arguing he made the assertions in good faith, and so had every right to cross-examine Kilrea on evidence he believed at the time to be true. He is not admitting yet that he misinterpreted Baird's statement.
We're officially underway...
Crown prosecutor Scott Hutchison is beginning with an objection about Edelson's comments to Kilrea last week. He's asking the judge to decide on the apparent discrepancy between what Baird told police and how the police summary has been interpreted.
A new face in the crowd...
A new addition to O'Brien's group: communications person Lindsay Valente. Along with the rest of the mayor's staff, she's out of work during the trial.
And so it begins again...
O'Brien and his entourage have entered court room 36. Kilrea has been asked to remain outside the court room. We're awaiting Justice Cunningham.
Week two of testimony is set to begin...
Alistair Steele and Cory O'Kelly are back in courtroom 36 to hear testimony in the trial of Larry O'Brien. Here's Alistair's first blog entry of the week...
The O'Brien trial resumes in 30 minutes, and the first witness -- Terry Kilrea -- is still on the stand. Defence lawyer Michael Edelson is expected to wrap up his cross-examination today. But before he does that, he'll have to address what happened after the court adjourned last week. On Thursday night, John Baird's office issued a statement correcting something Edelson said in court: Namely, that when Baird and Kilrea met in July, 2006, they discussed the Parole Board offer. Kilrea says they didn't...on that he's been consistent. If Edelson made a mistake, it'll no doubt be embarrassing...but not fatal to his case, according our legal analyst, Stephane Emard-Chabot.
We're hearing OPP Detective Sargent Brian Mason will be called next to the witness stand. Then we're expecting Baird. That could happen as early as tomorrow, but more likely Thursday. Of course with the unpredictable nature of this trial, I'm going out on a real limb here...
An update on the Bob Guertin story...
This from Nick Gamache...
Someone in the mayor of Gatineau’s office calls it a “kiss and make up session”. Marc Bureau met with Quebec’s Municipal Affairs minister Nathalie Normandeau on Friday. The minister was in town for a meeting of the Quebec Union of Municipalities. That visit took place only a few days after the minister scrapped a controversial 28 million dollar deal to renovate the aging Robert-Guertin arena. The city thought the deal respected public-private partnership rules, but it didn’t. The minister also said the city should have put out a call for tender, but didn’t. Mayor Bureau was disappointed – really disappointed – when he found out about the minister’s decision. Bureau thought he had a good deal. He also thought (because his city manager told him) that other cities had reached similar agreements elsewhere in Quebec. Bureau said he wanted to get some answers from Normandeau. According to officials in his office, the meeting went well, the air was cleared, and both Normandeau and Bureau appear ready to work together again…
Or is that a loud, and potentially resonating whimper...
Alistair Steele reports...
So late yesterday John Baird's chief of staff, Chris Froggatt, issued a statement about Edelson's claim in court that Baird and Kilrea had discussed the Parole Board appointment at their July 19, 2006 meeting. Edelson told the court Baird told police the issue had come up, but Kilrea wasn't qualified. Here are the pertinent lines from the investigators' own account of their interview with Baird:
"(Baird) stated that he received an e-mail from Terry Kilrea about the issue of a federal appointment to the National Parole Board. Terry Kilrea went to see him in his office at the House of Commons.
Baird told Kilrea that he didn't know anything about this.
Kilrea then sought advice as to whether or not he should continue running in the 2006 Mayoral race.
He said that Kilrea brought up the issue of the National Parole Board appointment and that he couldn't honestly recommend him for the position because he didn't think he had the capacity for the job."
Last night Froggatt issued a statement saying Edelson's assertion was "incorrect." Froggatt says: "The police statement is clear. The issue was never discussed during the meeting between Mr. Baird and Mr. Kilrea. The comments Mr. Edelson attributed to Mr. Baird were made to the police and not made to Mr. Kilrea.".
It's important to note that we have yet to see the full transcript of the interview between the police and John Baird. That interview happened May 4, 2007 in Baird's constituency office. Based on the precis of the interview found in the information the police submitted to obtain a search warrant, it's easy to see how the information from police could have been misinterpreted. But presumably Edelson has read the full transcript of the interview. If he's read it incorrectly, it's an embarrassing stumble for Edelson. After all, Kilrea was adamant yesterday that he and Baird hadn't discussed the appointment. On that point he's been consistent. But we won't know what exactly Baird said to police in that May 4th meeting -- or whether what he said is open to interpretation -- until the full transcript is revealed.
For more on this, click here.
May 14, 2009
They're done for the week...and it ends with a bang...
Day four in the witness box for Terry Kilrea is over. It ended with a cliffhanger. Michael Edelson grilled Terry Kilrea about his July 19, 2006 meeting with John Baird. Kilrea says over the course of the hour long meeting, the issue of an appointment to the National Parole Board never came up. But Edelson says Baird told police it did, and that Kilrea was not qualified for the job. Edelson: "If you're wrong about the July 19th meeting, then we have to question whether you are right about any of this". The cross-examination resumes Tuesday at 10 a.m.
The questioning continues...
Edelson is suggesting Kilrea used to work on his campaign while on the job.
More displeasure from the Judge
Justice Cunningham has once again registered his displeasure with the pace of the cross-examination. Edelson says he's trying to show how Kilrea "deliberately twisted" the facts to benefit his campaign. He promises to speed things up, but we're no nearer the "crux" (see Cunningham's comments yesterday).
More problems...
Now Edelson is moving on to Kilrea's problem with his employer, the Attorney General. Kilrea hadn't sought proper approval to run, and his superiors told him to "cease and desist." Kilrea says that would have meant the end of his campaign. As e-mails to Baird and O'Brien later showed, Kilrea suspected Bob Chiarelli and his fellow Liberals were behind it.
Where's the "crux"?
Crown Scott Hutchison has just objected that Edelson's going "pretty far afield from what this case is about." Edelson is now attacking Kilrea's campaign policy on homelessness. Kilrea claimed at the time homelss people should be "removed." Edelson is trying to point out that Kilrea didn't know the law. Justice Cunningham is becoming impatient.
More...
Baird and fellow MP Pierre Poilievre had also agreed to attend fundraisers for Kilrea. They never happened.
Introducing...John Baird
Edelson is now on to the relationship between Kilrea and John Baird. In 2005 Baird, who was seeking the federal Conservative nomination, attended a rally for Kilrea's anti-bilingualism group Peoples Voice. Baird's picture was on Kilrea's campaign web site. And Kilrea has "Rusty B's" private e-mail address. "It seems your relaionship with John Baird grows stronger and stronger as the months go by."
An old friend drops by
For the first time since the trial began, a city councillor has dropped by court room 36. Doug Thompson is sitting in the back row.
Back to the emails...
Edelson is presenting e-mails from Kilrea's campaign workers to show Kilrea wasn't terribly concerned about getting his facts straight in policy announcements and news releases. "You didn't give a damn. Sounds to me like you're the 'prove me wrong guy.'"
More email talk...
Edelson wants to know why most of Kilrea's e-mails to O'Brien in July, 2006 had to do with his troubles with his employer, the Attorney General. No mention of a money offer or a job on the Parole Board. And why were none of the e-mails between Kilrea and Baird on the subject of the appointment copied to O'Brien?
Back from break...
Edelson is asking Kilrea whether he was surprised the story went so big. Kilrea says he was.
Short break
Just before the break, Edelson was suggesting Kilrea had lied to his own lawyer: That he failed to tell Russ Molot it was his common law partner DIna Koukis who had handed the affidavit over to McKenny. Edelson is slowly but surely paining a picture of a coverup by Kilrea, who Edelson says "hid behind his wife" so he could enjoy "deniability" when questions about the various leaks arose.
Hear Alistair's wrap on the morning testimony...
of day four here.
And on it goes...
Edelson says Kilrea "lit the match" by tipping off Dimmock that McKenny had the affidavit. He says Kilrea was "part of an arrangement, hiding behind (his) wife yet again" so he could say it was she, not he, who wanted the story out there. He says McKenny had no motive to make up the story about Kilrea directing him to his wife to pick up the document. Kilrea is denying everything.
More on the affidavit
Edelson is hammering away, trying to show that Kilrea sent McKenny to his wife, who McKenny told police gave him the affidavit. Edelson says Kilrea told McKenny exactly where she worked, and gave him a physical description of her. Kilrea maintains: "I stayed out of it."
More from Alistair Steele...
Edelson is getting back to how Sean McKenny got the affidavit. McKenny told police Kilrea had offered to let him see it.
An interesting take...
Edelson is now showing examples of interviews Kilrea did in the press and with police where he insisted he was "not the complainant" and had "no animosity" towards O'Brien. It was Sean McKenny of the ODLC who passed the affidavit on to police.
Oops...
Kilrea has just told the court he went home last night and asked his wife about their home computer. He says she reminded him they got a new one in Jan. 2007 because their old one -- the one that would have had the e-mails on it -- "crapped out." Problem is, his wife may be called as a witness, and he shouldn't have been discussing evidence with her. His statement is inadmissible.
Details about the emails...
in question can be found here.
More on the Baird emails...
Kilrea has admitted he "must have had a copy" of the e-mails before they were first published in Feb. 2007.
We were beginning to feel left out...
But as day four begins, Edelson asks Kilrea about an interview he did with the CBC about e-mails between him and Baird. In the interview, Kilrea says he remembers the e-mails, but didn't give them to the Citizen. Kilrea says he doesn't recall the interview though.
Looking ahead to day four
This from Alistair Steele
Day four for Terry Kilrea in the witness box beckons. We're expecting Michael Edelson to wrap up his line of questioning on how the story about O'Brien's alleged offer got into the press. Yesterday he suggested it was Terry Kilrea who leaked the details to the Ottawa Citizen. Later today we're expecting Edelson to get to the "crux" of the case, as Justice Cunningham asked him to yesterday -- that is the meetings between Kilrea and O'Brien in the summer of 2006.
Watch Cory O'Kelly's wrap...
on day three of Terry Kilrea's testimony here.
May 13, 2009
Day is done
The day ends with a story of a tall grey haired woman and an accusation from Michael Edelson that Gary Dimmock was trying to protect Kilrea about where the Baird-Kilrea emails came from. Back 10 a.m. Thursday.
The Baird connection
How did e-mails between Kilrea and John Baird get to Gary Dimmock at the Citizen? Kilrea says "I did not give the e-mails to Gary Dimmock." He says his wife didn't give them to Dimmock. But he never asked his webmaster Tim Tierney - in whose computer the e-mails were stored - whether he handed them over. His only suggestion: That during an open house when he was trying to sell his home, one of the prospective buyers swiped them from his own computer.
Hear Alistair Steele's take on day three...
of Terry Kilrea's testimony here.
A meeting in chambers.
Judge and counsel are meeting in chambers. Says Stephane Emard-Chabot: "That's really odd." Could they be discussing the plodding pace of the cross-examination?
Another name floated...
Now Edelson is asking Kilrea about his relationship with Ottawa and District Labour Council president Sean McKenny. Kilrea says the day the story came out, McKenny called him to warn him he'd "go through hell" and offer union support. Kilrea says he did not deliver a copy of the affidavit. He says McKenny asked him for one, but he told him no.
More on the affidavit
Kilrea's now talking about the process of compiling the affidavit. He visited lawyer John Westdal's office "two or three times" to review drafts.
How the story got out...
Edelson's trying to determine how the story got out. A Sun reporter was on it first, but his editor killed it before it got very far. Kilrea says he then called Dimmock, who he once drove home from a hockey game, to ask if anyone else had been sniffing around. Kilrea told him, "Let me know so I can give you the correct facts." When he was interviewed by the police Kilrea denied he sought out a reporter. It looks like Edelson wants to show that Kilrea was eager to get the story out.
Is this the "crux"?
Edelson is now getting into Kilrea's dealings with Citizen reporter Gary Dimmock.
Another name comes up
Former city councillor Shawn Little's name has come up. Little endorsed Kilrea in his failed bid for Bay Ward. At one point that summer Kilrea told his campaign to remove Little's name. A few weeks later he planted a large sign on Little's lawn, where they posed for a photo op.
Follow the email trail
Edelson has shown Kilrea an e-mail showing his campaign was going after Chiarelli donors. Now he's showing e-mails suggesting he was going after O'Brien's campaign as well.
We're back...
and Justice Cunningham begins with some advice for Edelson: "Perhaps we've spent enough time on peripheral issues, perhaps it's time we got at the crux of the case." Edelson promises that will happen this afternoon.
And now an update on that quirky clock...
...the one in courtroom 36 that was running fast. It's been replaced. The new one works just fine, according to Cory O'Kelly, who deserves much credit for getting it fixed.
Lots of threads...
Alistair says there are a lot of threads out there from today's cross-examination so far. It will be interesting to watch how Michael Edelson spools them back in this afternoon when court resumes at 2:15.
More Nixonian references...
Edelson is trying to show that Kilrea was not only aware of, but took an active role in, his team's "dirty tricks" campaign during the waning days of his mayoral campaign.
Gotcha...over and over again?
Edelson's favourite saying. "Alright, let me show you something that may refresh your memory." Followed by an article or e-mail that contradicts everything Kilrea just said under oath, using Kilrea's own words.
The Landowners endorsement...
After Kilrea dropped out, the Carleton Landowners endorsed O'Brien. A few minutes ago Kilrea said their endorsement was important, but that after he left the race it was "their business." But in an e-mail after they switched their endorsement, Kilrea agreed the Landowners were "f**king idiots." In the e-mail, Kilrea added their support was "worth nothing." Edelson called that "the height of political hypocrisy," called Kilrea's attempt to explain the discrepancy "an abject lie," and siad Kilrea made the remarks because he was "angry" the group had endorsed O'Brien. "That's what this is all about," Edelson says.
Straight shooter
Michael Edelson is grilling Terry Kilrea about his relationship with the Carleton Landowners Association. During the 2006 campaign, the rural rights group endorsed Kilrea's bid for mayor. Kilrea was photographed with the group's leader, shouldering a shot gun. The de-amalgamation group called Kilrea "a straight shooter."
On that other matter...
Both Kilrea and the Citizen have waived any privilege they had vis a vis Westdal's notes on the affidavit. A transcription of those notes will soon be provided. The cross-examination has resumed.
Listen to Stephane Emard-Chabot's take...
on what's happening in court this morning, here.
Still adjourned
This issue must be very important to the lawyers. The adjournment has been extended by another 30 minutes.
More on what's being discussed...
Here's Stephane Emard-Chabot on the significance of what's happening right now:
"There appear to be documents in posession of the Citizen which neither side has seen. The legal question is whether those documents are protected by solicitor-client privilege. To answer that question the court must determine the relationship between Kilrea and the lawyer who drafted the affidavit, John Westdal ."
Here's the issue...
Crown, Scott Hutchison is telling the judge about the problem: It has to do with the lawyer who presided over Kilrea's affivadit for the Citizen. Crown and defence want clarification of that lawyer's exact role. Hutchison is proposing clearing it up out of court with Kilrea, then reporting back to the judge. 20 minute break.
An interesting sidebar...
Edelson and Hutchison were meeting with Canwest lawyer Rick Dearden. Has there been some issue with blogging and twittering from court room 36?
Strap yourself in...
Day three of Terry Kilrea's testimony is set to begin. Alistair Steele is manning his Blackberry...
We're expecting Edelson to zero in on Kilrea's meetings with O'Brien. I wonder how detailed Kilrea's recall will be today. Edelson has told reporters they'll want to be here today.
It's a wrap...
I don't know whether Terry Kilrea is a drinking man, but he could probably use a strong one right now.
Back to Alistair...
Edelson continues with his line of questioning about what he's calling Kilrea's "hypocrisy"...his propensity for complaining about imagined transgressions by his rivals, despite his own habit of contravening election rules. Kilrea is having an easy time with some details, and a harder time with others. Edelson: "Do you have a memory of convenience, Mr. Kilrea? Spotty amnesia?"
A Reynolds sighting...
This from Cory O'Kelly...
The former Conservative MP and co-chair of the Conservative 2006 election campaign, John Reynolds, was spotted on the Hill today. Asked if he's in town to testify at the trial, Reynolds wouldn't comment.
Turning the tables
Edelson is now focusing on Kilrea's own questionable practices regarding election rules. Kilrea had a web site, business cards, and a promise for campaign ads before the 2006 campaign period. He was warned at the time he was in breach of the Municipal Elections Act. In the end Kilrea never ran the ads. Break time
More from Alistair...
Edelson has just pointed out that on three seperate occasions, Kilrea threatened in the press to lodge official complaints or even lodge legal action against political rivals for minor - or in at least one case, entirely imagined - transgressions. Yet when O'Brien allegedly made his offer to "bribe" Kilrea in July 2006, Kilrea remained silence for months.
And they're back...
So is Alistair Steele on his Blackberry...
Michael Edelson is grilling Kilrea about a conversation he says Kilrea had with his lawyer Russ Molot about suing city councillor and political rival Alex Cullen over comments he made suggesting Kilrea had accepted some sort of deal to drop out of the mayoral race and back Bob Chiarelli. Kilrea says he has no recollection of that conversation.
"Lunch break..."
...must be Terry Kilrea's two favourite words. Just before the break, Edelson was trying to get at why, with all Kilrea's apparent dislike of Bob Chiarelli, he backed him in 2006 after he dropped out. "What was in it for you personally?" That's a question many have been asking.
Another addition to O'Brien's coterie...Gordon J. Hunter.
Back at it, and the spotlight still shines on Terry Kilrea...
Edelson is back at it. It looks like he's trying to portray Kilrea as an aggressive political operator who was not above hurling insults, propogating half-truths and cashing in on rumours during his two attempts at the mayoralty. He's also just accused Kilrea of lying under oath. Kilrea claimed he never spoke to John Baird about the north-south light rail project. But Edelson just showed him two newspaper articles that clearly state otherwise. Kilrea says his campaign spoke to Baird, not he, Terry Kilrea. Edelson calls that "splitting hairs with an axe." Either way, Kilrea's going to look like he was't telling the whole truth, either to the court today or to the public in 2006.
Seeking spiritual guidance?
Another member of O'Brien's circle of friends arrived just before the break...the famous Father Joe, who presided over the mayor's wedding to Colleen last summer.
Ouch
"Coward, liar, puppet, clown, coward..." Just some of the words Edelson says Kilrea used to describe Bob Chiarelli during his campaigns. Kilrea says he doesn't consider them to be "personal attacks." Edelson: "So you won't mind, if over the course of your testimony here, I call you a liar."
Kilrea under pressure...
Kilrea says he was never one to "shun the media." Edelson replies, "Oh that's obvious. There are probably 300 articles in which your name is mentioned." Chuckles from the pews.
Questions about accuracy
Edelson is still questioning the accuracy of the affidavit. He's using examples from media interviews that Kilrea did in early 2007, where Kilrea, again and again, stands by the accuracy of his affidavit. He also said in those interviews that as a peace officer, he understood the "ramifications" of swearing a false when. You can see where Edelson is going here, now that he's established the inaccuracy of the dates.
A question of dates
Alistair continues...
Edelson says Kilrea knew there was a problem with the dates of the O'Brien meeting, but didn't tell anyone until he met with the Crown and OPP two years later. Kilrea swore the affidavit anyway. He now says "the dates may have been a week out." Edelson's questioning is unrelenting.
More from Alistair...
Edelson is grilling Kilrea about the affidavits that he regularly swears as a peace officer. He's getting Kilrea to agree that accuracy is crucial when it comes to dates and other details. Now he's zeroing in on the affidavit that began this whole process. Kilrea seems unsure about some of the details in that sworn statement.
Is there anyone left at 111 Lisgar?
Recently retired city clerk Pierre Page just sat down in the row behind Gibbons, right beside the city's former security chief Bob Gauvreau.
An update on that quirky clock in courtroom 36
From Cory O'Kelly...
It's determined to get more than its 15 minutes. It's still running fast. Now there's talk they'll have to bring someone in from North Bay to take a look at it.
More from Alistair...
Dave Gibbons, the mayor's former staffer who was dismissed for disguising his identity on a radio call-in show, is sitting two rows behind O'Brien. Justice Cunningham is allowing him to remain in the court room -- even though he was interviewed by investigators -- because he hasn't been subpoenaed. Although Edelson just told the judge he can't promise Gibbons won't be.
The players enter the arena
Terry Kilrea has just taken his seat. O'Brien is sitting in his usual spot with family and friends. Attendance in court room 36 is relatively sparse today.
A heads-up from Edelson.
This from Cory O'Kelly...
Defence lawyer Michael Edelson has been very quiet so far when passing through the media throng on his way into court. Today however, he was positively verbose. He told the assembled multitudes that things "should be even more interesting today." Stay tuned...
Day two and Kilrea's back on the stand shortly
Alistair Steele is back blogging...
Day 2 of Terry Kilrea's cross examination begins in 30 minutes. If yesterday's performance is anything to go by, he's in for another long day. Is today the day Michael Edelson goes in for the kill, or will he string him along a little longer? O'Brien has just made his entrance through the side door. No sign of Kilrea yet.
May 11, 2009
Adjourned for the day
The court wraps for the day at 10 minutes to five with Terry Kilrea still on the stand. He'll be back there tomorrow morning when court resumes.
More on ratf**king
According to Wikopedia...ratf**king is an American slang term for political sabotage or dirty tricks. It was first brought to public attention by Bob Woodward and Carl Bernstein in their book All the President's Men.
Heading towards the two hour mark on Kilrea's cross-examination
This from Cory O'Kelly...
Kilrea's feeling the long day on the stand. At one point while Michael Edelson continues his long cross-examination about the minutae of Kilrea's 2003 campaign, Kilrea stifles a yawn. Edelson asks Kilrea if he's boring him..."we could take a break, you could go lie down in bed." The Crown objects.
The cross-examination continues...
It was Edelson's turn to get the yuks as he prompted Kilrea to recall the field of opponents in the '03 election: "A neo-nazi, a man with a gambling addiction who wore a hard hat eveywhere, the guitar player from the Lafayette, and a couple of students." He's trying to establish that Kilrea was Bob Chiarelli's only viable opponent that year.
More from Alistair...
Now Edelson is grilling Kilrea on his job satisfaction and take-home pay. Again, not sure where he's going, but it's an interesting ride to watch.
I see now where it's going...
More from Alistair Steele...
I see it now. Edelson has established that Terry and Dinah are close, sharing all kinds of information during the campaign. Kilrea admits he would have consulted her about any big decision. Did she know about the calls, e-mails, etc.? More to come...
The cross continues...
Edelson is peppering Kilrea with questions about his common-law wife, Dinah. Not clear where he's going with this yet.
And the answer is...have at him sir.
More from Alistair Steele...
Hutchison has finished with Terry Kilrea. Now it's Edelson's turn. First question: "Mr. Kilrea, do you consider yourself to be a reasonable man?" Should be good...
Break's over
Break's over. Kilrea's testimony coming to an end. Not clear whether the judge will let Edelson at him this afternoon, or adjourn till tomorrow.
Another tidbit from Cory...
Russ Molot is Terry Kilrea's lawyer. Earlier this morning, he faced an unusual situation. The Crown asked him to leave the courtroom during testimony. I asked him about it later. He says he has some information that may be relevant, and he may be asked to testify. Unlikely, but a possibility.
Lunch for "Fore"
This from Cory O'Kelly..
We are recessed for lunch. Terry Kilrea stepped out of the courthouse and into a massive media presence. Asked how he thought it was going, Kilrea responded "it's a great day for golfing"
Kilrea says he considered the offer, and said no...
Terry Kilrea has just finished describing his second meeting with O'Brien, this time in a Tim Horton's parking lot in Bell's Corners. That's where Kilrea says he turned down the alleged offer.
Cory O'Kelly writes...
The highlight of the morning...Terry Kilrea providing more details about the meeting on July 12th on the patio of a restaurant at 700 Sussex. Kilrea says O'Brien offered to make an arrangement for Kilrea. O'Brien told him this was a courtesy meeting. Kilrea says O'Brien told him the people supporting O'Brien liked Kilrea, didn't want to see him hurt. Kilrea says O'Brien told him..."we could have rat-f**ked you". Audible gasps from some in the courtroom after that bit of testimony.
When Terry met Larry...more details emerge
Alistair Steele writes from inside courtroom 36...
Short break. Kilrea's account of the July 2006 meeting with O'Brien is far more detailed - and potentially damning - than previous versions. To be continued...
When Terry met Larry...
Terry Kilrea is about to start giving his account of the first meeting with O'Brien. The lawyers are quibbling over the dates of the phone calls and meetings between Kilrea and O'Brien.
Q line...
More from Alistair inside courtroom 36...
Scott Hutchison has established Kilrea's conservative ties. Now he's working on establishing Terry Kilrea's relationship with John Baird.
And now, on with the show...
Hutchison has just wrapped up his opening statement. Terry Kilrea is taking the stand. His testimony is underway.
More witnesses...
...Ditto John Light Lisa MacLeod and (see our "Cast of Characters"). Hutchison will no doubt add to the list
Opening arguments...
More from Alistair Steele...
Crown prosecutor Scott Hutchison is making his opening arguments. He's going over evidence he says shows O'Brien at least pretended to have influence with John Baird. He's referring to e-mails and phone calls. He's also confirmed he's going to call pollster Dmitri Pantazopoulos as a witness.
More from Alistair Steele...
O'Brien's defence lawyer Michael Edelson just arrived with so many documents it took an aid pushing a large cart to get them across the street to the court house. The mayor eschewed his customary grand entrance this morning, opting instead for a discreet side door arrival. Having given the media the slip, he's now waiting outside court room 36 with friends and family. He looks happy and relaxed.
The trial of Larry O'Brien really begins this morning...
Alistair Steele and Cory O'Kelly are at the Ottawa courthouse. This from Alistair...
This is the big one, folks. Sometime before noon today, Terry Kilrea is expected to take the witness stand in courtroom 36. He'll be sitting just a few metres from the man he's accusing of a serious crime, Larry O'Brien. Anyone hoping to hear Kilrea's testimony for themselves had better get here early...seats in the court room and in the overflow gallery are expected to fill up quickly.
May 08, 2009
Mike Patton: Not a "cool kid"
Cory O'Kelly writes...
Ran into the mayor's former front-man, Mike Patton today. Patton was also involved early on in Terry Kilrea's 2006 mayoral campaign. Patton said he'd not been supoenaed yet to testify. "All the cool kids have already been invited..." said Patton, a little wistfully -- or so it seemed to me. Remember though Mike, the dance isn't over yet. It's hardly even begun.
May 07, 2009
Alex Cullen tells CBC News he's not running....
in the marathon during Ottawa race weekend. He's apparently got foot problems.
May 06, 2009
A journalist's job is not all action and adventure...
This from Alistair Steele at city hall...
After getting a brief taste of the drama to come when Larry O'Brien's criminal trial starts up again next week, pulling transit commitee duty today seems like drawing the short straw. Especially since councillors are dealing with a transit tunnel proposal that's already been released. I'm not going to lie, it's dull stuff. Here's hoping it gets livelier when public delegations start a little later this afternoon.
Where have I heard this before?
Nick Gamache spent yesterday at Gatineau city hall, where he experienced a sense of deja vu...
The proposal was unsolicited.
The owner of the local major junior hockey is among the businessmen behind the deal.
And the city didn't put out a call for tender...
No, I'm not talking about Lansdowne Park.
What I'm talking about is another sports venue: the Robert-Guertin arena in Gatineau.
Just over a month ago, Gatineau mayor Marc Bureau called a special meeting of councillor on a Friday afternoon.
He told councillors the city's general manager had negotiated a deal with the Gatineau Olympiques to fix and upgrade the aging rink.
Councillors had two hours to review the deal before they had to vote on it.
The motion passed, but ever since, a group of councillors have been crying foul.
Yesterday, during comité plénier - the meeting before full council meetings - the issue came up again.
Councillors are asking questions about the 28 million dollar deal (some say the deal will actually cost the city 50 million). They are wondering what the cost/revenue breakdown for the city will be, and asking if they even gave the city manager the authority to negotiate with the Olympiques...
All that more than a month after the deal was signed!
Councillors who support the project say something should have been done with Robert-Guertin a long time ago, and they should be glad that serious local businessmen are ready to help.
Now that does sound familiar.
The courtroom clock gets its 15 minutes...
From Cory O'Kelly...
The clock in courtroom 36 is 15 minutes fast, which sometimes causes confusion for reporters, including this one. When I asked whether it could be fixed I was told "someone from Toronto fixes it". Really?
Adjourned for the day
The trial is over for the day. The judge will rule on hearsay evidence when the case reconvenes next Monday, May 11th.
The arguments begin...
This from Alistair Steele...
Crown lawyer Scott Hutchinson says conversations between Terry Kilrea and Larry O'Brien, Heather Tessier, Tim Tierney, John Baird, Dmitri Pantazopoulos, and a list of others should be admissible as evidence. He says without it it will be "impossible" for Justice Cunningham to understand the allegations. Defense lawyer Michael Edelson calls it an "unprecedented amount of hearsay" that makes up a "significant part of the Crown's case." For more on hearsay and this trial, go here.
Hearsay evidence
This from Alistair Steele...
Day 2 is just about to begin. Today lawyers for the Crown and defence will bring forward the hearsay evidence they're expecting will arise during the trial. Some hearsay is admissible, some is not. The lawyers will suggest some case law for the judge to consider, and he'll respond next Monday.
So too is Cory O'Kelly
Cory reports...
The mayor was silent again this morning as he passed through the throng. For the fashionistas following along, the mayor's suit this morning is light grey. The mayor's wife is wearing pastel green.
Alistair Steele is at the O'Brien trial today
Welcome to day two of the trial. Here's Alistair's first entry...
Larry O'Brien arrived at the courthouse around 9:40 this morning, his wife Colleen at his side. His lawyer Michael Edelson arrived a few minutes later. The media throng was there to greet them all
May 04, 2009
Blackberries are a go
This from Alistair Steele's Blackberry. The first "legal" post from within courtroom 36...
This is the first msg from the courtroom. It's allowed!
Cory O'Kelly adds...
Justice Douglas Cunningham calls allowing Blackberry and other texting devices inside the courtroom a "novel" issue. He refuses to put limits on their use, saying the possibility of confidential information being "tweeted" to the outside world is a risk he'll take. He also asks that the devices be used in as unobtrusive and quiet a manner as possible. Welcome to the brave new world...
Welcome to the Twittersphere.
Cory O'Kelly reports...
The participants in the trial of Larry O'Brien are now discussing the idea of letting Blackberries and other texting devices into the courtroom. Crown Scott Hutchison likes the idea of a 20 minute delay between the time the evidence is heard in court, and it's texted to the world. He cited an example. The PMO's director of appointments, Dave Penner, is on the list to testify. Hutchison wondered what would happen if Penner inadventently divulged cabinet confidentiality in court, and it made it to the "Twitter-sphere" with no way to reel the information back in once it's gone. A 20 minute delay would prevent that from happening, or so the Crown argues.
Alexander Graham Who?
This from Cory O'Kelly...
I wandered up to the court media room on the 4th floor of the courthouse. You can send wireless transmissions from the place, but strangely, you can't make a phone call from there. It's not hard-wired to do so.
So cameras are a no-go...what about Blackberries?
The court will now hear the Ottawa Citizen's application to allow Blackberries and other texting devices in the courtroom during the trial.
Application denied
Cory O'Kelly reports...
The CBC has had its application to have cameras in the courtroom during the trial of Larry O'Brien denied. Justice Douglas Cunningham called the application woefully late, and said to hear the argument would have delayed the trial for weeks, and possibly months. More to come...
For those of you following along at home...
They are now on break. In an earlier post, we told you how journalist Mark Bourrie had run into trouble when he took out a recording device in the courtroom. The judge has ruled that he can use the device as long as it's not for broadcast.
In response...
Cory O'Kelly reports...
In response, CBC lawyer Danny Henry says the case goes to the credibility of the last election. He tells the court everyone in this city has the right to know what happened to their vote, and whether this candidate (Larry O'Brien) is suitable for office in the future.
The defence speaks...
Cory reports...
Vince Clifford, co-counsel for Larry O'Brien, is getting his shots in now at the CBC for its "last minute" application on cameras in the courtroom.
Nick Gamache reports...
This from Nick Gamache at the courthouse...
The Crown just called the CBC application "extraordinary". The Crown argues the application to have cameras in the courtroom would have signficant consequences, and cannot realistically be dealt with in a short amount of time.
The Crown argues the CBC clearly doesn't understand the implications of its application if it thinks bringing it forward at the last minute (last week) was the best way to deal with the issue. Scott Hutchison says it's a "cruel irony" that the application disrupted preparation for the trial.
Cameras in the courtroom
Cory reports...
The first order of business is the CBC request to allow cameras in courtroom 36 for the duration of the trial. The Crown and the defence oppose the request.
Not guilty your honour
Cory files from outside the courtroom...
At 10:07, Larry O'Brien is formally arraigned. The charges are read out. A stern-looking Larry O'Brien pleads "not guilty, your honour".
The day's second kerfuffle
Journalist Mark Bourrie, who is working for Ottawa Magazine, is escorted from the courtroom after he takes out a recording device, he says he uses to take personal notes, and not for broadcast. At the moment, he's in discussion with some court personnel about whether he'll be allowed to use the device inside the courtroom.
The day's first kerfuffle
The Crown arrives inside courtroom 36 to find his seat taken by an overflow of lawyers in the room. Says Scott Hutchison to the unfortuntate lawyer... "You're in my spot, man".
The players arrive
O'Brien's lawyer, Michael Edelson just walked briskly past the assembled crowd. He's asked what kind of case will this be. "Time will tell" he replies. Shortly afterward the mayor arrives in a cream-coloured Chrysler with his wife, Colleen. He's wearing a navy suit. She's dressed in black. He doesn't say a word as he passes through the media throng. It would have been hard to hear him anyway over the noise of cameras clicking.
Waiting for O'Brien
O'Brien is expected to make the walk up to the courthouse in the next few minutes. Meanwhile, the doors to courtroom 36 where the trial will take place remain locked. There will be a real scramble for seats when they open. Included in that scramble will be some kids from a high school class in Embrun who are on a field trip to the courthouse, and want to get a taste of the trial.
Cory O'Kelly blogs from outside the courthouse...Hi Mom
Cory reports there's a real buzz outside the courthouse this morning. Between 50 and 60 reporters and camera people are outside waiting for the mayor's arrival. The group are a little over-excited. A one point a man in robes approaches and someone yells..."there's the judge". The guy replies..."I'm just a lawyer, but can I say hi to my Mom.".
