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In a casual, even light manner, Austin V. Campriello began the summation for the defense Tuesday in the trial of L. Dennis Kozlowski, the former Tyco chief executive officer charged with grand larceny, securities fraud and falsifying business records. Kozlowski, along with co-defendant Mark Swartz, Tyco’s former chief financial officer, is accused of taking more than $150 million in unauthorized loans and bonuses from the company. Throughout his summation, Campriello, a partner at Bryan Cave, repeatedly turned to a central theme. “Criminals act in criminal ways” was his favored refrain, and he listed numerous examples of actions taken by Kozlowski that did not reflect such criminal ways. A $19 million loan debt that Kozlowski reduced to $5 million, for example, reflected a lack of criminal intent, according to Campriello. “If you were going to steal, you would steal all the money,” he told the jury. That the records of the actions prosecutors say were illegal had been “openly recorded in Tyco’s books” also demonstrated a lack of “criminal ways,” Campriello said. “When criminals want to steal, they do it in a way to hide their tracks,” he said. Campriello, who is representing Kozlowski along with a team led by Stephen Kaufman, also spent a large part of Tuesday afternoon addressing specific allegations. His detailed discussion of numbers, by-laws, minutes and e-mails often appeared to leave the jury less than riveted. In one foray into the specifics of the accusations, Campriello said that the math supported Kozlowski’s extraordinary compensation. He described Kozlowski’s use of non-recurring gains — “one-shot deals where the company makes astronomical amounts of money” — in determining bonuses. Not all accounting techniques consider those gains when determining bonuses, Campriello stated, but four of the six other compensation committee members agreed with Kozlowski about their inclusion. “When you plug these gains into the formula, it generates exactly the kind of gains we’re talking about,” Campriello said. He often implied that he was perplexed that prosecutors even brought charges against his client. “To suggest that in some way, that this is a theft would be mind-boggling, but in fact, we are here,” he told the jury. Campriello displayed an easy manner with the jury, talking to them from the front of the jury box and often joking, which the panel appeared to appreciate. During one particularly long recitation, one juror appeared so ready for a recess that Campriello, before requesting a break, joked that the juror had reminded him it was time for one. Later, after he had resumed his summation, he said, “As we approach five o’clock, you can see I’m not always paying attention, so give me some sign.” Assistant Manhattan District Attorneys Owen Heimer and Ann Donnely are leading the prosecution team. This is the second trial for Kozlowski and Swartz. Manhattan Supreme Court Justice Michael Obus declared the first trial a mistrial last April after one juror, who had been identified by some newspapers as a holdout for acquittal, was contacted by an outside party. The retrial, also before Justice Obus, began in January. It is set to continue at 9:30 a.m. today, though Justice Obus noted that because of jury tardiness, the trial has yet to start on time. He also stated that the Thursday session will end at 4 p.m. so a juror can attend a Housing Court hearing.

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