Judge denies new trial for Drew Peterson, sentencing begins

Drew Peterson’s sentencing hearing is underway this afternoon after Judge Edward Burmila denied his request for a new trial.

Peterson, 59, was convicted last fall of drowning his third wife, Kathleen Savio, in her bathtub. The former Bolingbrook police sergeant faces 20-60 years in prison.

Savio’s sister Anna Marie Savio-Doman read a statement as the sentencing hearing began.

“My loss of my baby sister is beyond words. There will be no more birthday parties, backyard gatherings, holiday celebrations or other family activities to share,” she said. “The laughter, hugs, guidance, advice, sense of security and those opportunities to say, ‘I love you’ are forever gone.

“One of the hardest things for me is knowing the pain and fear that Kathleen must have suffered at the time of her murder. The horror and betrayal she must have felt when she realized that someone she had trusted and loved more than anything was actually killer her. I wonder if she could feel her heart breaking when she thought about leaving her two boys forever. The helplessness she must have felt knowing she was going to die.

“I have to say it hurts a lot. I hope it gets better, but I am not confident it will get better. I still talk to her. I hope she can hear me.”

Prosecutors have said they plan to argue that Peterson also killed his fourth wife, Stacy, who went missing in 2007, in asking for the maximum sentence. They also indicated that Peterson’s second wife and estranged oldest son could testify.

Defense attorneys had argued their client deserved a new trial because former lead attorney Joel Brodsky’s inept performance violated Peterson’s right to a fair trial. But Burmila denied their motion earlier this afternoon after two days of arguments.

"It was clear to the court from the very beginning that Mr. Brodsky was out of his depth," Burmila said. But the judge noted that Peterson was represented by five other attorneys. "Each of these attorneys brought something to the table."

As they entered the courthouse this afternoon, Peterson’s attorneys had expressed confidence they would be granted a new trial. Attorneys David Peilet and Steve Greenberg said their arguments regarding ineffective counsel and conflict of interest were powerful reasons to grant a new trial.

“I’m not much of a prognosticator, but if we don’t get a new trial here, we’ll get one from the next court,” said Greenberg.

The hearing on a motion for a new trial began Tuesday and centered primarily on Brodsky's trial decision to call Wheaton divorce attorney Harry Smith, who represented Savio in her bitter divorce fight with Peterson and also fielded a call from Stacy about her divorce options shortly before she vanished.

Smith testified at trial that Stacy had asked him if the fact that Peterson killed his third wife could be used as leverage in a divorce.

Several jurors said after trial that the testimony convinced them of Peterson's guilt. There was no physical evidence tying Peterson to Savio's death, which was initially treated as an accident.

“It was an awful decision,” defense attorney Steve Greenberg argued in court. “It ruined the case -- we brought out the worst possible evidence, and the best evidence for the state.”

The defense also argued that media licensing contracts -- that included a movie and book deal – meant Brodsky had a conflict of interest in seeking the best possible outcome for Peterson in the case.

The unorthodox defense motion included several odd moments, including Brodsky taking the witness stand to be questioned by his former defense team nemesis Steve Greenberg. Brodsky sued Greenberg for libel earlier this month. Later, the defense tried to call Will County State’s Attorney James Glasgow to the witness stand, but the judge would not allow it.

On Wednesday, Brodsky had a roughly five-minute conversation with Stacy Peterson’s sister Cassandra Cales. Cales declined to talk about the conversation.

“We were just discussing how to make sure that her sister Stacy isn't forgotten after Drew goes away,” Brodsky said.

mwalberg@tribune.com
sschmadeke@tribune.com

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Sony seeks head start over Microsoft with new PlayStation

NEW YORK (Reuters) - Sony Corp said it will launch its next-generation PlayStation this year, hoping its first video game console in seven years will give it a much-needed head start over the next version of Microsoft's Xbox and help revive its stumbling electronics business.

The new console will have a revamped interface, let users stream and play video games hosted on servers, and allow users to play while downloading titles as well as share videos with friends. Its new controller, dubbed DualShock 4, will have a touchpad and a camera that can sense the depth of the environment in front of it.

Sony, which only displayed the controller but not the console, said on Wednesday the PlayStation 4 would be available for the year-end holiday season and flagged games from the likes of Ubisoft Entertainment SA and Activision Blizzard Inc, whose top executives also attended the glitzy launch event.

It did not disclose pricing or an exact launch date.

Sony's announcement comes amid industry speculation that Microsoft Corp is set to unveil the successor to its Xbox 360 later this summer. The current Xbox 360 beats the seven-year-old PlayStation 3's online network with features such as voice commands on interactive gaming and better connectivity to smartphones and tablets.

But all video game console makers are grappling with the onslaught of mobile devices into their turf.

Tablets and smartphones built by rivals such as Apple Inc and Samsung Electronics Co Ltd already account for around 10 percent of the $80 billion gaming market. Those mobile devices, analysts predict, will within a few years be as powerful as the current slew of game-only consoles.

"It looks good and had a lot of great games but the industry is different now," Billy Pidgeon, an analyst at Inside Network Research, said of the new PlayStation.

"It'll be a slow burn and not heavy uptake right away."

MIGRATION TO MOBILE

Console makers will also have to tackle flagging video game hardware and software sales, which research firm NPD group says have dropped consistently every month over the last year as users migrate to free game content on mobile devices.

PlayStation 4 will have an app on Android and Apple mobile devices that connects to console games and can act as a second screen, Jack Tretton, President and CEO of Sony Computer Entertainment of America, said in an interview.

"Playstation 4 ... really connects every device in the office and the smartphone and the tablet out there in the world," Tretton said.

The console, which has been in development for the last five years, will have 8 GB of memory and will instantly stream game content from the console to Sony's handheld PlayStation Vita through a feature called "Remote Play," the company said.

"What Sony is banking on is the ease of the use of this system," Greg Miller, PlayStation executive editor at video game site IGN.com, said.

After six years, Sony PlayStation sales are just shy of Xbox's 67 million installed base and well behind the 100 million Wii consoles sold by Nintendo Co Ltd, according to analysts.

Tretton said it would be a big undertaking to manufacture and distribute the console in Sony's four major markets by the end of the year, adding that it would be a "phased rollout" that starts before the end of the year.

Sterne Agee analyst Arvind Bhatia predicted Sony would probably get a couple of million units of the PlayStation 4 out by the 2013 holiday season and 7 million or 8 million out a year later.

Sony also announced a strategic partnership with video game publisher Activision Blizzard to take its Diablo III game to the PlayStation 4 and PlayStation 3 consoles.

Activision's upcoming sci-fi shooter game "Destiny" in development by its Bungie Studio will also be available on PlayStation consoles.

(Editing by Gary Hill, Bernard Orr and Edwina Gibbs)

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David Gregory re-ups as 'Meet the Press' host

NEW YORK (AP) — NBC News says David Gregory has re-upped as host of "Meet the Press."

The network shared few details Thursday, describing the new deal as "a long-term commitment."

Gregory called it "a great vote of confidence from NBC."

He said his first four years in the moderator's chair passed quickly. He added: "It feels like we're just getting started."

The 42-year-old Gregory began as host of the Sunday morning public-affairs program in December 2008. He succeeded the late Tim Russert.

Before that, Gregory was chief White House correspondent during the presidency of George W. Bush. Gregory joined NBC News in 1995.

Gregory is only the 10th permanent host of "Meet the Press," which is the longest-running program on network television. It premiered in 1947.

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United takes Dreamliner off schedule until June

The All Nippon Airways Dreamliner 787 arrives at Mineta San Jose International Airport. (Gary Reyes/San Jose Mercury News/MCT / January 22, 2013)

Staff and wire report

1:35 p.m. CST, February 21, 2013

The parent company of United Airlines says it is taking the Boeing 787 off its schedule through June 5 for all but one of its routes.

United Continental Holdings Inc. said it still plans to use the 787 on its flights between Denver and Tokyo's Narita airport starting May 12. It had aimed to start that route on March 31.

United, currently world's largest airline and the only U.S. customer for the 787, said the timing of that reinstatement will depend on resolution of the Dreamliner's current issues.

The 50 Dreamliners in commercial service were grounded worldwide last month after a series of battery-related incidents including a fire on board a parked plane in the United States and an in-flight problem on another jet in Japan. 

Sources told Reuters earlier this week that Boeing Co. has found a way to fix the battery problems that involves increasing the space between the lithium ion battery cells.

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Jackson Jr. admits life of luxury with campaign cash

Jesse Jackson Jr. pleads guilty to misusing campaign funds.

Former U.S. Rep. Jesse Jackson Jr. pleaded guilty this morning to conspiring with his wife, former Ald. Sandi Jackson, to siphon about $750,000 in federal campaign funds for the couple’s personal use, and could face years in prison.

Sandi Jackson was scheduled to plead guilty this afternoon to a single charge of tax fraud tied to the same allegations that the couple repeatedly tapped the ex-congressman’s campaign fund, used the money for personal use and then made fraudulent campaign and tax disclosures to cover up the misconduct.

Documents filed with Jackson Jr.'s plea agreement state that in January 2006, Jackson Jr. personally opened a bank account under the name “Jesse Jackson Jr. for Congress," and the following year withdrew $43,350 he used to buy a gold Rolex watch.

Between 2007 and 2011, he withdrew more than $14,000 to pay down personal credit cards, prosecutors stated. Between 2005 and April 2012, he was using campaign funds to fund a life of luxury, according to the documents.

“These expenditures included high-end electronic items, collector’s items, clothing, food and supplies for daily consumption, movie tickets, health club dues, personal travel and personal dining expenses,” the court filing states.

About 3,100 personal purchases were made on campaign credit cards, totaling $582,772.58, prosecutors said.

They included more than $4,000 on a cruise and $243 at a Build-a-Bear workshop. “Records from Best Buy reveal that defendant purchased multiple flat-screen televisions, multiple Blu-Ray DVD players, numerous DVD’s for his Washington, D.C. home,” the records state.

Prosecutors said $60,000 was spent on restaurants, nightclubs and lounges; $31,700 on personal airfare; $16,000 on sports clubs and lounges; $17,000 on tobacco shops; $5,800 on alcohol; $14,500 on dry cleaning; $8,000 on grocery stores and $6,000 at drug stores.

In one of the more exotic purchases, Jackson used campaign funds in the spring of 2011 to pay a taxidermist in Montana $7,058 for two mounted elk heads to be shipped to his office in Washington. This was the beginning of an FBI sting, according to court documents.

A year after the purchase, the taxidermist was asked to buy the elk heads back or provide the names of people who might buy them or build storage containers for them. This led to an undercover FBI agent offering to pay $5,300 for the heads. The money was to be wired to Jackson’s personal bank account, the documents state.

"Sir, for years I lived in my campaign," Jackson Jr. told U.S. District Judge Robert Wilkins. "I used monies that should have been used for campaign purposes, and I used them for myself personally, to benefit me personally.  And I am acknowledging that that which the government has presented is accurate."

As he entered the courtroom this morning, Jackson Jr. gave his wife Sandi a peck on the cheek and took his seat. At one point he stepped from the defense table and shook hands with a lead FBI agent in the case, Tim Thibault, who was seated with government prosecutors.

Jackson Jr. spoke softly during the hearing and sometimes dabbed his eyes with a tissue. When asked by Wilkins how he would plead, Jackson answered: “I am guilty, your honor.”

Pressed by the judge on whether he was freely entering the plea, the former congressman acknowledged he had been under psychiatric care but said he had not been treated for addiction to alcohol or narcotics.

Asked whether he understood what was happening, he answered, "Sir, I've never been more clear in my life."

Leaving the courtroom, Jackson Jr. told a reporter, "Tell everybody back home I'm sorry I let 'em down, OK?"

At a press conference following the hearing, Jackson Jr. attorney Reid Weingarten said Jackson's health problems contributed to his crimes.

"It turns out that Jesse has serious health issues," he said. "Those health issues are directly related to his present predicament. That's not an excuse, that's just a fact."

As part of the plea deal, the parties have agreed that sentencing guidelines call for a term of between 46 and 57 months in prison, but the sides reserved the right to argue for a sentence above or below that range for him when he is sentenced June 28.

After his release from an expected prison term, he might face three additional years of supervised release, or probation.

Also under the guideline range agreed to by Jackson Jr. and lawyers on both sides, what had been a maximum fine of $250,000 drops to one in the range of $10,000 to $100,000. In addition, he remains subject to a forfeiture of $750,000.

The judge said Jackson could be released before sentencing and ordered him to be processed by the U.S. Marshal's Service, surrender his passport and undergo drug testing while awaiting sentencing.
His attorney asked if Jackson Jr. could be allowed to travel back and forth from Chicago, saying he essentially lived in both places, and the judge agreed.

Jackson entered the anticipated plea in Act One of a two-part drama playing out in federal court not far from the House chamber where he served. Act Two is on tap this afternoon, when his wife, former Chicago Ald. Sandi Jackson, is expected to plead guilty to filing false tax returns.

Jackson Jr. entered a negotiated plea of guilty on one felony count of conspiracy to commit false statements, wire fraud and mail fraud. Prosecutors say he spent campaign contributions to buy luxury items, memorabilia and other goods.

As the Jacksons arrived at federal court in Washington, D.C. this morning, neither responded to questions from reporters. The two stepped out of a black SUV, and Sandi Jackson walked ahead of her husband, carrying a satchel. Jackson Jr. looked up when reporters shouted questions but said nothing and looked down as he went into the building.

Minutes later, his father, the Rev. Jesse Jackson Sr., and other family members walked through the front entrance of the courthouse, their arms linked together.

Jackson Jr., 47, was in the House of Representatives for 17 years until he resigned last November. Sandi Jackson, 49, was a Chicago alderman from 2007 until she stepped down in January. Both are Democrats.

Jackson Jr. began a mysterious medical leave of absence last June for what was eventually described as bipolar disorder. Though he did not campaign for re-election, he won another term last Nov. 6 while being treated at the Mayo Clinic in Minnesota. He left office two weeks later, saying he was cooperating with federal investigators.

Married for more than 20 years, the Jacksons have a 12-year-old daughter and a 9-year-old son. The family has homes in Washington and on Chicago’s South Side.

Washington defense attorney Stan Brand, the former general counsel of the House of Representatives, said Tuesday that Jackson Jr.’s case involved the largest sum of money he’s seen in a case involving personal use of campaign money.

“Historically, there have been members of Congress who either inadvertently or maybe purposefully, but not to this magnitude, used campaign funds inappropriately,” he said.

Earlier this morning, Judge Wilkins disclosed that he had a past link to Jackson Jr.’s father. But both prosecutors and the Jackson defense waived any attempt to transfer the case, the judge noted in a court memorandum.

Wilkins wrote that he has no interest or bias in the case, but disclosed the following:

“In 1988, while a law student, Judge Wilkins served as a co-chair of Harvard Law School students supporting the presidential campaign of Rev. Jesse L. Jackson, Sr., and on October 24, 1988, Judge Wilkins introduced Rev. Jackson when he came to speak at a campus event supporting the presidential candidacy of Governor Michael Dukakis. On March 21, 1999, while an attorney, Judge Wilkins appeared as a guest on a show hosted by Rev. Jackson on the CNN network entitled ‘Both Sides with Jesse Jackson’ to discuss a civil rights lawsuit in which Judge Wilkins was a plaintiff. Judge Wilkins believes that he has spoken to Rev. Jackson only on these two occasions, and he does not believe that he has ever met or spoken to the two defendants in these cases.”

kskiba@tribune.com

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Twitter begins integrating advertising software

SAN FRANCISCO (Reuters) - Twitter Inc said on Wednesday it is opening up its platform to third-party advertising management software, taking another step to establish its ad-based business model ahead of an initial public offering.

The ads application programming interface, or API, would allow advertisers to connect their existing ad management software to their Twitter account to automate ads on the micro-messaging platform.

Twitter said that it would begin by integrating with ad software by Adobe Systems Inc, Salesforce Inc, Hootsuite, SHIFT and TBG Global.

"With the Ads API, marketers now have more tools in their arsenal to help them deliver the right message, to the right audience, on the desktop and on mobile devices — all at scale," Twitter product manager April Underwood wrote in a blog post.

Under pressure to show growing revenues, Twitter in recent years has ramped up its ad-serving capabilities while building a sales staff to woo corporate marketers. The firm said last year it would allow marketers to target Twitter users based on a profile of their perceived interests and by location.

Twitter makes money every time a user clicks or retweets a "promoted" message paid for by an advertiser. The new API would allow great automation for advertisers, who previously had to manually write every promoted tweet.

In 2013, Twitter's ad revenues are expected to grow nearly 90 percent to $545 million, according to eMarketer which noted that Facebook Inc experienced similarly rapid growth after opening its API to advertisers in 2011.

(Reporting By Gerry Shih; Editing by Bernard Orr)

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Armstrong won't interview with USADA

AUSTIN, Texas (AP) — Lance Armstrong won't do a tell-all interview under oath with the U.S. Anti-Doping Agency to reveal everything he knows about the use of performance-enhancing drugs in cycling.

USADA officials had told Armstrong he must speak with them if he wanted to reduce his lifetime ban from sports. Under their offer, Wednesday was the deadline for him to agree to the interview.

Armstrong attorney Tim Herman said that, after two months of negotiations, the cyclist refused participate in a process designed "only to demonize selected individuals."

Armstrong said previously he is willing to participate in an international effort to clean up a sport that is based mostly in Europe.

USADA chief executive Travis Tygart said the agency had expected Armstrong would agree to talk and would be "moving on" without him.

"Over the last few weeks he has led us to believe that he wanted to come in and assist USADA, but was worried of potential criminal and civil liability if he did so," Tygart said. "Today we learned from the media that Mr. Armstrong is choosing not to come in and be truthful and that he will not take the opportunity to work toward righting his wrongs in sport."

For more than a decade, Armstrong denied using performance-enhancing drugs. But last year, USADA released a report that detailed extensive doping on his seven Tour de France-winning teams and stripped him of those titles. Armstrong then admitted last month in an interview with Oprah Winfrey that he doped to win those races.

He still faces several legal challenges.

Armstrong was the subject of a two-year federal grand jury investigation that was dropped a year ago without an indictment, but the Department of Justice is still considering whether to join a federal whistle-blower lawsuit filed by former Armstrong teammate Floyd Landis.

Armstrong also has been sued by a Dallas-based SCA Promotions to recover more than $12 million in bonuses. And he has been sued by The Sunday Times in London to recover a libel judgment that Armstrong won against the paper.

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Obama admin. tackles colonoscopy confusion

WASHINGTON (AP) — The new health law requires that most insurance plans cover all costs for preventive care, including colon cancer screening.

But it didn't turn out to be that simple.

Many patients ended up with a bill when the doctor performing the colonoscopy removed precancerous growths known as polyps. Why the bill? Because a preventive screening had turned into a procedure.

Now the Obama administration is trying to straighten out the confusion: Polyp removal is part of preventive care, and therefore free of charge to the patient.

Health plans also must cover an expensive genetic test for breast cancer if a woman's doctor orders it. And the lowly aspirin for heart trouble is covered too, if prescribed.

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Jane Lynch to star on Broadway in 'Annie'

NEW YORK (AP) — Jane Lynch has something to be gleeful about — she's about to make her Broadway debut.

The "Glee" star said Wednesday she'll be replacing Tony Award-winning actress Katie Finneran as the evil orphanage matron Miss Hannigan in the current revival of "Annie."

"I'm so thrilled I can't see straight," the actress said by phone from her home in Los Angeles. "It's a preposterous fantasy come true."

Lynch, a veteran of Chicago's Steppenwolf Theatre Company, will play Miss Hannigan for eight weeks, from May 16 through July 14. Finneran will depart to film a new NBC comedy series with Michael J. Fox.

"It's a real joy for me to step into her shoes, which are large and scare the hell out of me," said Lynch. "But it's good to be scared. It's good to jump off a cliff."

Lynch will star opposite Lilla Crawford in the title role and Anthony Warlow as Daddy Warbucks. The music by Charles Strouse with lyrics by Martin Charnin contains gems like "You're Never Fully Dressed Without a Smile," ''Tomorrow" and "It's the Hard Knock Life."

Lynch has an Emmy and Golden Globe for playing the track-suited, glee-club-hating cheerleading coach Sue Sylvester on "Glee." Her film credits include "Wreck-It Ralph," ''Three Stooges," ''The 40 Year old Virgin" and "A Mighty Wind."

She said she knows "every breath of this musical," having grown up listening to the cast album with her mother. She recalls seeing the film in the mid-1980s and adoring Carol Burnett, who played Miss Hannigan.

Lynch finds it funny that she'll go from playing a TV teacher who is fond of random acts of terror to a gin-swilling orphanage head to calls her charges "brats," denies them hot mush and threatens "your days are numbered."

"I do a lot of mean people," she said. "I'm the sweetest person you'll ever meet but I do have a fascination with that kind of cruelty that comes from a very, very soft place."

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Online: http://www.AnnieTheMusical.com

___

Follow Mark Kennedy on Twitter at http://twitter.com/KennedyTwits

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Office Depot to buy OfficeMax

Office Depot to buy Office Max as an attempt to compete with Staples.

Office Depot Inc. and Office Max Inc. have agreed to merge in a $1.17 billion stock transfer, the companies announced Wednesday, ending nearly two hours of confusion about whether a deal had been reached.

Officials at Naperville-based OfficeMax and Office Depot declined to say who would lead the combined company nor where it would be located when the "merger of equals" is completed, likely by the end of the year.

After some confusion early Wednesday, when a draft press release was posted prematurely on the website of Boca Raton, Fla.-based Office Depot's, both companies issued a joint statement at around 8:30 a.m. CT announcing the planned merger. 

"During the appropriated times ... our board will make the right decision,"  OfficeMax President and CEO  Ravi Saligram said of the location and leadership of the combined firm. "Now we're independent companies and we've got to go through lots of processes," he said.

On a conference call with analysts, Office Depot CEO Neil Austrian apologized for the announcement mishap on Wednesday morning.  "Our webcast provider inadvertently released our earnings in advance of schedule," he said.  We regret any inconvenience that this may have caused." 

Saligram and Austrian emphasized that the combination, which will create a company that will do roughly $18 billion in revenue, is a merger of equals.

"This [merger] will create a stronger, more global, more efficient competitor able to meet the growing challenges a rapidly changing industry," said Saligram. 

When combined, OfficeMax and Office Depot, the world's second and third largest office products companies by revenue, will still not eclipse the segment's largest business, Staples Inc.

The pair had combined revenue of about $18.5 billion in the last fiscal year. They expect to save about $400 million to $600 million per year within three years through layoffs, streamlining of back-office functions and combined advertising. They didn't provide details on how many workers would lose their jobs or the fate of OfficeMax's Naperville headquarters.

After days of speculation that a deal was close, a draft of a press release announcing the news was posted prematurely on Office Depot's website early Wednesday morning. More than an hour after it came out, there was still no mention of the merger on either company's website nor on the SEC or other investor websites. Sources cited by the New York Times Wednesday morning said negotiations were ongoing.

Thomson Reuters Corporate Services, which operates various investor relations websites including Office Depot's, took responsibility for the early publication.

"Unfortunately, Thomson Reuters incorrectly posted this morning's announcement of Office Depot's intention to merge with Office Max prior to its intended release," Lemuel Brewster, PR director - investors at Thomson Reuters, said Wednesday afternoon in an email response to an inquiry. "We regret this error and are taking all steps necessary to enhance our processes and controls to ensure this does not happen again."

Office Depot will issue 2.69 new shares of common stock for each outstanding common share of OfficeMax. At Tuesday's closing prices, the deal is valued at $13.50 per share, or $1.17 billion, based on 86.7 million shares outstanding as of Oct. 26.

After the merger is completed, Office Depot's board will consist of an equal number of directors chosen by that company and OfficeMax.

Although the actual announcement didn’t go as planned, the deal has been rumored for years as the struggling office supply sector deals with fickle consumers and businesses that are conserving costs and doing more online.

Analysts say they expect far less pushback from antitrust authorities for this deal than what Office Depot faced in the 1990s, when it tried to merge with Staples, given the changes in the office supply market since then.

Underscoring how tough that business has become, Office Depot reported a fourth-quarter net loss, hurt by a 6 percent decrease in comparable sales at its North American stores and a revenue drop at its unit that serves North American businesses.

Office supply retailers, which are often seen as reflecting overall economic health, have suffered as demand for their products fell in the years after the last U.S. recession led companies to cut spending.

They also face strong competition from the likes of Amazon and Wal-Mart Stores Inc in selling everything from pens and notebooks to furniture and break room supplies to government, businesses and individuals.

SMALL PREMIUM

The offer represented a premium of just under 4 percent to OfficeMax's $13 close. It was not immediately clear if that was enough to satisfy one of the company's largest shareholders, Neuberger Berman, which said earlier this week it would support a deal depending on the terms.

OfficeMax shares rose 9.2 percent to $14.20 in premarket trading. Office Depot was up 10 percent at $5.52, meaning that OfficeMax was still trading below the value of the bid.

The deal, considered long overdue by many on Wall Street, will also give Office Depot and OfficeMax a chance to save hundreds of millions of dollars by closing stores, cutting advertising costs and streamlining their supply chain.

Industry experts have long hoped Office Depot would join hands with OfficeMax to take on Staples, which boosted its international business and clout with suppliers by buying Dutch rival Corporate Express in 2008.

BB&T Capital Markets analyst Anthony Chukumba said the Office Depot-OfficeMax combination would help Staples, however.

"Clearly, you can't make this deal work unless you close a bunch of stores," he said. "Store rationalization is long overdue, and Staples will clearly benefit from just having fewer stores to compete with."

Staples has 39.9 percent of the U.S. office supply market, Office Depot 19.2 percent and OfficeMax holds 15.7 percent, according to Euromonitor International.

Tribune reporter Samantha Bomkamp and Reuters contributed.

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