July 2009 archives

Two weeks ago, when CBC Ottawa first broke the news of Rogers decision to no longer take PBS programming from WPBS in Watertown, reporter Kate Porter spoke to a company spokesperson. The spokesperson told her that Rogers had thought long and hard about the decision to air the Detroit PBS affiliate in Ottawa, rather than the one from northern New York. But it told her the decision was final. Well we here at the Ottawa Blog predicted an onslaught of angry viewers writing to Rogers. And an onslaught is what Rogers got. Today it changed its mind. Rogers customers in Ottawa will continue to get WPBS in Watertown. Thing is, one wonders why Rogers couldn't see this one coming? Maybe the folks at Rogers believe there's no such thing as bad publicity.

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This from Alistair Steele...

So Larry O'Brien will hear his fate a week earlier than everyone expected. The news broke late yesterday afternoon (actually, the first anyone heard of it was on the "Zero Means Zero" blog just after 3 p.m. Hmmmm....) Justice Douglas Cunningham had set August 12 as the verdict date. It will now be August 5th. So is this good news or bad news for the mayor? What does it all mean? Likely very little. According to one of O'Brien's defense lawyers, Vince Clifford, the change came at the request of the court, and such requests typically have more to do with the judge's schedule than anything else. In other words, don't read too much into it. On another note, the verdict will be delivered in the larger, grander court room 37 instead of the more modest court room 36.

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This from the Ottawa blog's moderator...Andy Clarke...

There's been lots of discussion around here the past couple of days about the reaction to the incident in Kanata on Sunday morning where five cyclists were injured. Reading the comments section below the original web article on the incident, reminded me in a way of the dog debate -- you know the one that pits dog owners who want Fido to be able to run free, and without restraint, versus those who believe that any dog off its leash is trouble waiting to happen. There is very little middle ground in that debate. And reading the comments attached to the bike story, there appeared to be very little middle ground between drivers and cyclists. After a while, the comments section basically degenerates into a mutual recrimination session between the two, each taking shots at the other side for the transgressions the other side apparently routinely commits.
So there was lots of talk about that, and what it meant. I wanted to write something up for the blog commenting on the comments. But it was a struggle. And so for a different perspective I turned to the imaginative brain that belongs to CBC Ottawa web journalist Kerry MacGregor. Kerry can consistently be counted on to deliver a different take on events of the day. She suggests that this is one of those instances where our own perspectives change depending on what we're doing. When we're driving, we curse those cyclists who we believe are taking up too much of the road. When we're cycling, we rail against aggressive drivers who don't give us enough room. When we're walking, we're prepared to be pissed off at both -- drivers who are in too much of a rush to turn right against the light, or cyclists who think the sidewalk belongs to them. Her point is that all those feelings can be expressed by the same person. I'll admit that I occassionally cycle on a sidewalk to cut the wrong way down a one-way street on my bike, but if I see someone else do it, I think..."look at that idiot". What do you think? Is there any middle ground here? We'd like to hear your thoughts.

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This from reporter Chad Pawson...

Russian hockey star Alexei Kovalev put a Ottawa Senators jersey over his head for the first time this morning. He was introduced to the media by Senator's General Manager Bryan Murray at Scotiabank Place. He was surrounded by school-children wearing Senators jerseys. There was also Justin Payer, the first fan to buy a Sens jersey with Kovalev's number 27 on the back. Kovalev stood with Murray at the podium and took questions about helping the Senators return to their form of two years ago. That's when the team made it to the Stanley Cup finals. He says he wants to be the "spark" that the team is missing. He also says he would like to see Dany Heatley remain a Senator. Kovalev is 36 years old, but says he still has a lot of hockey left to play. He says he'd like to play until he's 50 years old. However, as he walked through the basement of the building from the media room to his stall in the dressing room to pose for photographs, I couldn't help but notice a stiffness to his left leg. He seemed to walk with a slight limp, like his left knee was sore. Here's hoping it's only a little lactic acid from his latest round of golf.

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This from Nick Gamache...

A couple of months ago, I worked on a story about the controversy surrounding a new street in Ottawa. Some residents of a new development off the Vanier Parkway weren't (and still aren't) happy with their street name: Madeleine Meilleur Private. Madeleine Meilleur is the Liberal MPP for the area. Officials at the city of Ottawa say Meilleur's name was put forward, and given her contribution to the area over the years, naming a street in her honour only made sense. Some residents disagree. They told me at the time it was unacceptable to name a street after a serving politician. Some of them are still hoping the city will change the name. A friend of mine recently sent me a picture from a small town near Montmagny, about an hour east of Quebec City. I know the street sign has nothing to do with me. At least I hope not, because if it does, I missed the unveiling ceremony! The street was probably named after one of my ancestors... but still, makes a young reporter think...

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Our arts reporter Kate Porter is working on a story today about a new location for the national Science and Technology Museum. It's been reported in a couple of places that the old Domtar site along the Ottawa River is under consideration. Bloc MP Richard Nadeau appears to be the source for that suggestion. But Kate's reporting suggests M. Nadeau may be getting a little ahead of himself. Plans for a new museum are indeed afoot. But the folks at Science and Tech appear to want a building that symbolizes the museum's raison d'etre, and it's not clear a heritage site along the Ottawa River does that. At the very least, it appears to be a little early in the process to be suggesting that space is where the museum will end up. We'd like to hear your thoughts on where a new Science and Technology museum should go, and what it should be. And stay tuned to CBC Radio Ottawa for more on the story.

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Reporter Kate Porter spoke to Rogers earlier today. It says it thought long and hard about the decision to air the Detroit PBS affiliate in Ottawa, rather than the one from northern New York. But Rogers says the decision is final. All in a Day will have a full interview with the both the president of the Watertown PBS affiliate, Tom Hanley, and the program director, Lynn Brown, about the Rogers decision just after 4 this afternoon. WPBS is expecting a lot of support from its Ottawa area viewers. It sounds like Rogers is prepared for the onslaught. What do you think of the decision?

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Ottawa at Six reporter Cory O'Kelly is working on a great story. We'll let him pick up the tale...

We got a call from a viewer letting us know that cable giant Rogers is informing customers in Ottawa this week that come August 18th it will drop the PBS affiliate in upstate New York -- known to many in this area as WNPE/WNPI -- and replace it with a PBS station from Detroit. Why does this matter? Well WPBS in Watertown holds a unique place in the hearts of Ottawa Valley TV viewers. For more than 35 years, Ottawa area viewers have been supporting the station with donations of thousands of dollars annually. A lot of the programming available on the station -- British imports like the soap EastEnders, or comedies like "As Time Goes By" -- are geared towards, and supported by, the Ottawa area audience. Here's how important Ottawa is to the northern New York PBS station. I spoke to program director Lynn Brown this morning. We were supposed to do a phone interview. Instead, she was at a border crossing on her way to Ottawa to do in-person interviews with CBC Ottawa. She says the WPBS station in northern New York cannot afford to lose its Ottawa viewers. As for a response from Rogers, it's struggling to find someone to speak to us on-camera. It told WPBS that the decision to take the Detroit PBS station is a result of "streamlining". As well, Rogers didn't bother to inform WPBS in Watertown of its decision. The station got Rogers on the blower only after it was informed of the decision by an Ottawa area viewer.
CBC Ottawa will have more on this story throughout the day. Stay tuned.

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The newsdesk can be a lonely place at 4:30 in the morning. Other than security guards and cleaners, pretty much your only conversations are by telephone with fire and police to check-in on overnight events. This morning I made my usual call to the fire department, only to be told that they were at that very moment responding to a fire just two blocks east of our studio. The popular 73 North restaurant on Sparks Street near Metcalfe was on fire. So what better way to report on a morning story than to trot over with a small portable camera and cover the scene. Here's some of the action. The details: officials say the fire started in the kitchen; damage estimated at $100,000.

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This from Alistair Steele, who's blogging from the last council meeting before September...

So much for Shannon Tweed Day. Both that day, and this one, may soon be days Acting Mayor Doug Thompson will want to forget. On his first day on the job as Acting Mayor, the Osgoode councillor told the Ottawa Sun he's proclaiming July 15th Shannon Tweed Day in honour of the former Playboy Playmate and current partner of Kiss bassist and shameless self-promoter Gene Simmons. That's the day Kiss is playing Bluesfest, and Tweed, who once called Ottawa home, is coming here to party. Not so fast, Mr. Thompson. Some of his colleagues on council have reacted with outrage. Perhaps the former "actress" is not the best role model for young women, they're saying. Not to mention what some of the other people who have earned their own days will think. I just asked Jan Harder if Acting Mayor Thompson "misspoke". "Ya think?" she replied. Pressures mounting on Thompson to rescind the gesture.

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will have to wait five more weeks until he hears his fate.

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on Wednesday August 12th.

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Hutchison has a completely different take on the subject of the e-mail conversation between O'Brien and Kilrea. "Why on earth would Mr. O'Brien be following up with John Baird on behalf of Terry Kilrea? The only issue on the table at that point is the question of an appointment."

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Hutchison says there's nothing in the evidence that would lead to the conclusion that there was any "forensic problem" with the e-mails. He points out the Edelson could have called Tim Tierney to the witness stand, but didn't either.

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Crown Scott Hutchison says his reply will take about 20 minutes.

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Edelson: "If you accept what Mr. O'Brien says in his statement, there is no offence." Edelson rests.

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We're still on the OPP interview. Edelson has pulled out a number of statements to support the idea that O'Brien was blindsided by the allegations.

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Edelson refutes Hutchison's claim that there's no concrete denial during the OPP interview. There are several points where he does indeed seem to be denying making an offer.

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Edelson on O'Brien's OPP interview, the only time we'll hear the mayor tell his version of the story during this trial: "He's not obtuse, he's not evasive...his language was colourful, but ultimately credible and reliable."

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Edelson is continuing his closing argument.

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Edelson accuses both Dimmock and union leader Sean McKenny of lying to protect their source, namely the "devious" Kilrea. Lunch break.

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On Kilrea's explanation that someone may have swiped the e-mails from his home computer during an open house: "That was a gob-smnacking whopper." More adjectives fly. "The inference is clear: Mr. Kilrea conveyed those e-mails to Gary Dimmock, and did it through his wife."

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Edelson's now revisiting the question of how Gary Dimmock at the Ottawa Citizen got those e-mails before the police did. I'm sure Det. Sgt. Mason, who's sitting in the front row, would like to know too.

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Never one to mince words, here's what Edelson really thinks of Terry Kilrea: "Vindictive, hypocritical, mean-spirited, profane...that's the Kilrea we're dealing with, that's an insight into the person. He's a mean-spirited hypocrite...Let's not forget he's also disingenuous, insincere, has secret motives, is devious, underhanded and circuitous." Oh yeah, he's also "dumb like a fox. He's street-smart...we know that without doubt." But what do you really think, Mr. Edelson?

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Edelson says John Reynolds' testimony supported O'Brien's version of events, not Kilrea's.

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Summing up his thoughts on McLeod's testimony, which the Crown yesterday called "central" to its case, Edelson says: "This by a long shot does not confirm what the Crown was saying...it's not evidence that should carry any weight with the court whatsoever."

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Justice Cunningham has just shown his first real sign of impatience. "I'm aware of that evidence." Edelson quickly moves on.

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Now Edelson is on to Lisa MacLeod. "Where's the evidence" that O'Brien was still "working on something for Terry" at the end of July? The court heard otherwise from Baird, John Reynolds and David Penner. "If this was the pretense of influence, if it was a sting operation, what was the point of telling Lisa MacLeod he was still working on it? It was not even on the horizon."

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take on Michael Edelson's detailed closing arguments on Tuesday morning here.

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Edelson has now set his sights on the testimony of political aide John Light one of the "building blocks" of the Crown's case. "This guy is a partisan player...he is involved in dirty tricks." Edelson says Light was bitter because he was first courted, then stood up by the O'Brien camp. Edelson completely dismisses the testimony of the "trinity" of witnesses Light, Greg Strong and Thom Bennett. "This is all chatter, this is political chatter, this is rumor, this is gossip, nothing more, nothing less."

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Edelson is revisiting -- in fastidious detail -- Kilrea's version of his troubles with his employer -- the ministry of the Attorney-General. He's pointing out a series of clear contradictions in Kilrea's testimony. "One wonders what other lies he's capable of," Edelson says.

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Edelson is back on the e-mails. Police gave Kilrea's webmaster Tim Tierney a week's notice that they were coming to search his hard drive. Edelson says the day before police showed up at his door, Tierney manipulated the e-mails, gathering the pertinent ones into a single file. He had been asked not to touch them. Kilrea has referred to e-mails between himself and Baird which never materialized. "The integrity of the e-mails remains in question to some degree. Those questions have never been answered."

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Back for more of Edelson's thorough summation in a bit.

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Edelson says the discussion at the Tim's meeting was really about Kilrea's assets, like his website, and not about the parole board offer. He says that was Det. Sgt. Mason's impression when he interviewed Kilrea.

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Edelson is fond of referring to key events in short form: the "I screwed up call," the "in the queue conversation"...and of course, the infamous "Tim's meeting" between O'Brien and Kilrea.

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Edelson's now on Kilrea's account of his meeting with Dmitri Pantazopoulos, an account that the pollster contradicts at practically every turn.

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Edelson says the "I screwed up" conversation between O'Brien and Kilrea never happened. Rather, it's the product of Kilrea's habit of attributing his own thoughts to others. Mimicking Kilrea, Edelson told the court: "'That's the impression I got'...when you hear those words coming out of his mouth, your honour, you know he's not telling the truth."

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Edelson is now attacking the Crown's claim that the alleged offer was still on the table in late July. He points out that after that e-mail exchange about Kilrea's employment woes on July 17, Kilrea initiated every single conversation between the two men. Edelson says O'Brien's pollster Dmitri Pantazopoulos had by that time told O'Brien to cut off communication with Kilrea because the O'Brien campaign no longer needed him.

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With respect to the e-mail chain between Kilrea and Baird -- the one where Kilrea tells O'Brien he's set up a meeting with Baird and O'Brien replies: "Great!!!" -- Edelson says the two men were actually talking about Kilrea's troubles with his employer, not an appointment to the parole board.

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Edelson is dealing with the e-mail chain between Kilrea and John Baird. Again, Baird appears to know nothing about an appointment for Kilrea to the Parole Board.

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Terry Kilrea told police he e-mailed Baird to say he wasn't interested in an appointment. No such e-mail has been uncovered.

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About those e-mails, the "bedrock" of the Crown's case, Edelson says "there's a total disconnect between Kilrea's narrative...and what was in the e-mails." Kilrea had "a total failure of memory" about what was in those messages.

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coverage of yesterday's events available here.

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Alistair Steele is back blogging from the trial of Larry O'Brien.

Court is in session, and defence lawyer Michael Edelson is continuing his closing arguments with the "in the queue" phone call, and Terry Kilrea's various versions of it.

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Until 930 a.m. tomorrow. Edelson is expected to wrap by end of day.

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Edelson is now focusing on what he calls "the heart of darkness"...the alleged offer. Under oath, Kilrea offered three different versions of just what O'Brien said to him. "That's your credible, reliable witness," says Edelson.

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Edelson in going about his closing submissions in his typically detailed manner. He's pointing now to inconsistencies in Kilrea's testimony, focusing at the moment on the infamous "ratf**k" episode.

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Stephane Emard-Chabot notes that the opening statement to Edelson's closing argument was an hour and a half. He's just now starting in on the argument itself. It will take a while.

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They'll be back at it in courtroom 36 shortly.

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Edelson: "There was no quid pro quo...so long as Larry O'Brien has not been proven beyond a reasonable doubt to have assisted Terry Kilrea as part of a quid pro quo, there is no offence."

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Edelson asks why O'Brien would send Kilrea to see Baird about a parole board job, when Kilrea actually knew the minister better than O'Brien did. Why would he "pretend to have influence" with the one man who would reveal to Kilrea that that influence was just that...a pretense? "It makes no sense at its heart. It's absurd."

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Edelson says at the end of the July 12 meeting, it was Kilrea who "unilaterally" introduced the subject of a) an appointment to the parole board, b) a federal appointment, and c) an appointment to the National Parole Board.

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Every once in a while, someone in the court room forgets to turn of the ringer on his or her cell phone. Very embarrassing, and judges don't like it. Even more embarrassing when it happens to a lawyer in the middle of his closing submissions, as it just did to Michael Edelson. To make matters worse, he couldn't seem to figure out how to turn it off. To lighten the mood, he told the judge: "It's my wife, and she won't give up!"

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But what does Edelson really think of Kilrea's testomony? It was also evasive, inconsistent, obtuse, false and untrue...and at least half a dozen other adjectives.

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As Hutchison predicted, Edelson is attacking Kilrea's credibility. He says Kilrea is "unreliable and not credible." On the credibility of witnesses, Edelson is referring to a text edited by none other than his "friend," Scott Hutchison.

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Edelson repeats it was Kilrea, not O'Brien, who raised the issue of the National Parole Board, and he says the evidence proves it.

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Edelson: "There is no evidence before you of any actual exercise of influence."

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Michal Edelson is on his feet.

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Hutchison urges the judge to find O'Brien guilty. Lunch break. Edelson's turn at 2:15.

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Hutchison admits he hasn't proved O'Brien had any influence, but he has presented evidence to show O'Brien PRETENDED to have that influence.

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Hutchison calls Kilrea "an inherently credible witness...an even-tempered, candid, honest witness who did his best to tell you the truth." So what about his occasional self-contradictions or evolving versions? Hutchison says they're "more likely to sound like the ring of truth than they do the thud of deceit" because only people who aren't telling the truth tell exactly the same story every time.

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Hutchison: "There are a lot of adjectives that come to mind when one thinks of Terry Kilrea. Machiavellian schemer isn't one of them." He says Kilrea would have to be "some kind of genius" to have come up with a story that was later corroborated by objective evidence. He says where O'Brien's story makes sense is where it matches Kilrea's; where it breaks down is where is strays from Kilrea's version of events.

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on morning events in the trial of Larry O'Brien here.

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He's now on the evidence of John Light, who testified that in early August 2006, Tory fundraiser Thom Bennett told him "Terry's going to be out of the race" and that Kilrea was being "offered something."

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Hutchison says if all he had were the phone calls ans e-mails, he'd have a "good" case. But he has more. "I have a sitting member of the Ontario Legislature who came to this court, swore on a bible, and said she met with Larry O'Brien (in late July, 2006)...and she is clear that when the issue of Mr. Kilrea came up, Mr. O'Brien said "we're talking to Terry about an appointment"...How on earth can that statement to Lisa MacLeod be squared with the claim that this was a dead issue on July 12th?" Hutchison says this is "nothing less than an admission" by O'Brien. He says MacLeod's evidence is "absolutlely central. It is unanswered."

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Hutchison is continuing with his submissions, focusing again on the e-mails and phone calls that followed that first meeting.

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they'll be back at it in courtroom 36 shortly.

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Hutchison says if the story had ended with the first July meeting, the case would be a "difficult" one for the Crown. But it didn't. Now he's itemizing the phone calls and coversations that followed.

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In his closing argument, Hutchison has referred to the "big swinging dick contest" at least 10 times already. An attempt to embarrass the mayor here in the courtroom?

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Hutchsion on O'Brien's statement, "what if I can make that happen?"..."There's really only one way to read that. That's the start of the actus reus of the offence." The actus reus, of course, is the "guilty act."

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Hutchison points out it was O'Brien who called the July 12 meeting, with the express intent of getting Kilrea to drop out of the race. He says it's "perfectly consistent" to conclude O'Brien was offering Kilrea "something to go to...Terry Kilrea wasn't going to quit because Larry O'Brien sweet-talked him over coffee at 700 Sussex...O'Brien had to give him a reason to leave."

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Hutchison is both praising and distancing his case from Kilrea's testimony. He says obviously that evidence plays an important role, but "this case is not just about Terry Kilrea. There is underlying and surrounding his evidence, a matrix of corroborating and confirmatory evidence that should at the end of the day answer any issues my friend raises about Mr. Kilrea's credibility." He says that evidence is found in phone records, e-mails, and the testimony of John Light and Lisa Mcleod.

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Hutchison says O'Brien held out to Terry Kilrea that he had influence with the federal government and with John Baird, that he could help Kilrea get a job, and that he offered to exchange that assistance for Kilrea's withdrawl from the race. He says the phone calls and e-mails between O'Brien and others amount to negotiations.

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Hutchison says the evidence does establish beyond reasonable doubt the offences in question were committed.

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The defence calls no evidence.

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The issue they're clearing up now is the admissibility of testimony that arose from the lunch meeting between Terry Kilrea and Dmitri Pantazopoulos.

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Crown Scott Hutchison is starting this morning with some housekeeping issues. Meanwhile our eagle-eyed legal analyst noticed the Crown handing over what looked like closing submissions to OPP detectives in the front row. If true, it's a strong sign the defence is going to wrap it up without calling witnesses. The Crown would then go first with closing submissions, which could take a couple hours.

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Order, all rise.

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Justice Cunningham is uncharacteristically tardy this morning.

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in courtroom 36. Blogs and tweets will be slow today.

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O'Brien is in the court room, chatting with his lawyer Vince Clifford and his PR consultant Barry McLoughlin. The latter has done a very good job keeping a lid on things, so what happens this morning is anyone's guess.

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Alistair Steele is blogging from the trial of Larry O'Brien. Here's his first entry for today...

Today's the day O'Brien's defense team reveals their next move, and answers the question on everyone's mind: Will they call on their client to testify? That could be a risky move, because of course it opens the door for cross-examination by the Crown. It's also possible the defense will rest its case today, leaving Justice Cunningham to render a verdict based on the evidence thus far...again, a play not without risks. We'll know soon.

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It looks like we won't know until Monday what the defence in the trial of Larry O'Brien will do. Will the defence team call witnesses? Will they move directly to closing arguments? Stay tuned...

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