Boys Varsity Basketball: Trinity Catholic Bests Staples 63-45

The FCIAC tournament got underway tonight with Staples losing to top-seeded Trinity Catholic 63-45 in a game played at Fairfield High.

Second ranked Bridgeport Central beat seventh-ranked McMahon, third-ranked Fairfield beat sixth-ranked Harding and fourth-ranked Norwalk beat fifth-ranked Danbury.

The FCIACs continue Tuesday with Trinity Catholic playing Norwalk and Bridgeport Central playing Fairfield.

Staples next places in the CIAC state tournament which begins on March 9. Matchups and locations will be announced next week.

Martha Stewart: "I am Hopeful and Optimistic I Will be Exonerated"

Westport's Martha Stewart, fresh from a courtroom victory, says she is pleased the judge has dismissed the most serious charge against her and is optimistic she will exonerated.

Stewart, who has maintained silence through her federal court trial in Manhattan, posted her remarks on her www. marthatalks.com Web site.

"As my trial nears its conclusion, I am hopeful and optimistic that I will be exonerated and able once again to devote my full attention to developing and promoting the creative home keeping ideas that so many loyal customers and supporters have come to rely on for inspiration in their own kitchens, gardens and craft rooms," she said.

"I'm pleased that the judge has dismissed the most serious of the charges against me, concluding that there is no evidence to support it."

The Web site pointed to the full text of the ruling Friday by Judge Miriam Goldman Cedarbaum dismissing the securities fraud against her.

Stewart added: "As part of my promise to keep you informed about key developments, my attorneys and I will continue to do our best to post relevant op-eds and items from the trial -- including the closing argument on my behalf scheduled for Tuesday, March 2 -- as soon as they become available."

In her decision, Cedarbaum wrote: "I have concluded that no reasonable juror can find beyond a reasonable doubt that the defendant lied for the purpose of influencing the market for the securities of her company."

Stewart still faces four criminal counts at the trial - conspiracy, obstruction of justice and two counts of lying to investigators. The judge declined to throw out any of the five counts against broker Peter Bacanovic.

The securities fraud count carried a potential prison sentence of 10 years and a $1 million fine.

The remaining four counts against Stewart each carry a sentence of five years and a $250,000 fine, though a conviction would carry a far lighter penalty under federal sentencing guidelines.

Closing arguments in the trial are scheduled to begin Monday and last well into Tuesday. The jury is expected to receive its instructions and begin deliberating on Wednesday.

Stewart's lawyers still must convince the jury that she was not lying to investigators when she told them in 2002 that she had no memory of being tipped that her friend Sam Waksal was selling his ImClone shares.

You Deserve a Cake Today

By Fran
WestportNow Consumer Correspondent
fran@westportnow.com

Let’s face it: we’ve made it this far through a yukky winter, stuck to our low-carb diets, paid through the nose for home heating oil, and had to bear daily doses of the Martha saga. Isn’t it time for a little pleasure?

Molly’s Sweet Eats two-layer chocolate cakes are $9.99 at Wild Oats. WestportNow. com photo
For most of us that means just one thing: a generous slice of rich, gooey, chocolate cake. Better yet, buy a whole cake. You might even have some left over for the Oscars on Sunday evening.

My 11-year-old-son’s own personal favorite is Trader Joe’s 7-inch Handmade Chocolate Ganache Torte. To die for – and a bargain to boot at $5.99.

Here’s what you’ll find around town. Adding "Happy Birthday" is free -- with the exception of HayDay, which will charge you an additional $2.50 for an inscription.

Price of an 8-inch double layer chocolate cake (unless otherwise noted):
Great Cakes offers five types of layer cake with 14 choices of fillings and 15 choices of icing. But does anyone choose anything but chocolate, really?WestportNow. com photo

Trader Joe’s (7-inch) $5.99
Shaw’s (7-inch) $8.99
Wild Oats $9.99
Stew Leonard’s $11.99
Stop & Shop $13.99
Great Cakes $18.95
HayDay $23.99 + $2.50 for an inscription
Chef’s Table $24

Ice Cream Cakes

Ben & Jerry’s $15.99
Carvel Ice Cream $16.99
Baskin Robbins (9-inch) $24.99

Saturday, February 28, 2004

9 a.m. - noon - Town Clerk's Office - Special Saturday hours for voters to apply for an absentee ballot for Tuesday's Democratic presidential primary

Westport Assessor's Office Releases Updated Reval "Model"

The Westport Assessor's office today released an updated version of the "model" being used to determine values in the 2003 property assessment.

The document contains technical changes to the version released earlier this week, according to Deputy Assessor Kevin Murowsky.

He said they include adding a breakdown of "style" variations that the assessors use in making their assessment.

The three-page schedule, available here as a PDF document, essentially is a roadmap that appraisers use in making judgments about properties, taking into account such variables as age, location, and property features.

Murowsky said he anticipated a revised 2003 property assessment list to be completed over the weekend.

It will reflect changes made as a result of interviews with residents as well as a spot review of whole streets and neighborhoods around town, according to First Selectwoman Diane Goss Farrell.

Martha Stewart Trial: Judge Drops Most Serious Charge

The federal judge overseeing the trial of Westport’s Martha Stewart today dropped one of the most serious charges against her-- securities fraud.

The action came after media organizations reported that proposed instructions to the jury that the judge shared with lawyers Thursday night still contained the charge, according to a person briefed on the draft document.

Jury deliberations will begin next week on the remaining charges against Stewart and her former stockbroker, Peter Bacanovic.

Judge Miriam Goldman Cedarbaum had made clear she had doubts about the validity of the charge, which carried a possible 10-year prison term.

The charges Cedarbaum left intact against Stewart included conspiracy, obstruction of justice, and two counts of lying to investigators.

Each count carries a possible maximum prison term of five years.

The judge declined to throw out any of the five charges against Bacanovic.

"I have concluded that no reasonable juror can find beyond a reasonable doubt that the defendant lied for the purpose of influencing the market for the securities of her company," Cedarbaum wrote.

There was no immediate reacton from Stewart who was in conference with the judge on her instructions to the jury.

The media learned of the judge's ruling in a 23-page opinion distributed by court officials.

Cedarbaum issued her decision just as lawyers began meeting with her to hammer out instructions she will give the jury when it begins deliberations next week.

Closing arguments in the trial are scheduled to begin Monday, with deliberations expected to begin Wednesday.

Stewart and Bacanovic are accused of lying to investigators about why Stewart sold 3,928 shares of ImClone stock on Dec. 27, 2001, just before it dropped on a negative government review of the ImClone cancer drug Erbitux.

The securities fraud count accused Stewart of trying to prop up the stock price of her company six months later by issuing false public statements about why she sold ImClone stock.

Stewart at the time stood to lose $30 million for every dollar the stock dropped.

The securities-fraud charge focused on three statements in 2002 - one on June 6 by her lawyer, and two on June 12 and June 18 by Stewart herself.

Each time, the $60 agreement was given as the reason for Stewart's stock sale.

Stewart's lawyers said she was just trying to clear her name, but the government contended that she was spreading a lie with deliberate purpose.

The judge conceded that Stewart had a motive - her heavy investment in her own company - to deceive investors. But she said the government had not sufficiently shown an intent by Stewart to defraud investors.

"Here, the evidence and inferences the government presents are simply too weak to support a finding beyond a reasonable doubt of criminal intent," the judge wrote.

Stewart's lawyers still must convince the jury that she was not lying to investigators when she told them in 2002 that she had no memory of being tipped about Waksal.

The government's star witness in the trial was Douglas Faneuil, the former Merrill Lynch & Co. assistant who claims he gave Stewart the tip about Waksal on orders from Bacanovic, his boss.

Stewart's personal assistant also testified that Stewart ordered her to change a computerized record of a phone message Bacanovic left for her on the day she sold ImClone stock - then ordered the assistant to change it back.

Martha Stewart Trial: Media Wants Juror Names

Media organizations covering the trial of Westport's Martha Stewart today asked the judge overseeing the trial to release the names of the jurors in the case when they deliver their verdict.

A federal appeals court has ruled U.S. District Judge Miriam Goldman Cedarbaum was wrong to bar reporters and the public from watching jury selection last month.

Cedarbaum has not indicated whether she will release the names.

But a letter to the judge from 17 media outlets said jurors' names are routinely released after trials - and that interviews of former jurors benefit the judicial system.

"They promote informed discussion of the jury system, generate public confidence that deliberations are conducted fairly, and enhance performance by jurors," the six-page letter said.

In other high-profile trials, including the O.J. Simpson murder trial, reporters have been allowed to question jurors at the courthouse after the verdict, the letter said.

Jurors are expected to begin their deliberations next Wednesday in the trial of Stewart and stockbroker Peter Bacanovic, who are accused of conspiring to lie about why the homemaking expert sold 3,928 shares of ImClone Systems stock in 2001.

The trial was in recess today. Closing arguments are scheduled for Monday and Tuesday.

The media also asked for access to a conference on Friday in which the judge and lawyers will work out the wording of the instructions Cedarbaum will give to the jury.

The judge has indicated she will hold the session, called a charging conference, in her private robing room.

In blocking reporters from jury selection, Cedarbaum said she was acting to preserve a fair trial. She said jurors may have been less forthcoming about possible biases in the case if they knew reporters were in the room.

But the 2nd U.S. Circuit Court of Appeals called the media "a vital means to open justice" and said the celebrity status of a defendant is not sufficient reason to keep the public out.

The appeals court decision came weeks after jury selection was complete. Media lawyers have said the decision is important in setting precedent for future high-profile cases.

The 17 media groups include The Associated Press, the major television networks and cable-news channels, parent companies of New York newspapers, and other wire services.

Farrell Preparing for Formal Announcement in March

While most eyes are focused on next week's Connecticut Democratic primary, Westport First Selectwoman Diane Goss Farrell is quietly trying to get voters to think about the battle for Congress in November.

"Diane Farrell for Congress" stickers have begun circulating among Westport Democrats. WestportNow.com photo

Farrell filed papers Jan. 13 to begin to raise funds to challenge Rep. Christopher Shays, a 16-year Republican veteran, for his 4th District seat.

At the time, she said she planned to make a formal announcement within a month and would be traveling throughout the district listening to and sharing her concerns and hopes with fellow residents.

A source close to Farrell said that announcement has been put off until sometime in March after the March 2 presidential primary.

But the two-term Westport chief executive nevertheless has been busy raising funds and talking with party leaders and voters.

In addition, "Diane Farrell for Congress" bumper and lapel stickers have begun circulating among Westport Democrats.

Update 2/29/04:A fundraiser for the Westport Democratic Town Committee was told the Farrell announcement will be made March 15 at 8 a.m. at Oscar's Delicatessen in Westport to be followed by appearances elsewhere in the district.

Staples Swimmers Celebrate 500th Meet

The Staples boys 500th swim meet Wednesday (they lost to Darien 112-74) was the occasion for a reunion of former Staples swimmers. Among them ( l to r): Mike Laux, Matt Johnson, one of the team's original three coaches, Rich Rollins, now a Bedford Middle School math teacher, retiring this June, who coached both Staples boys and girls for more than 25 years--not at the same time, Joe Brophy; Mike Krein; Rob Nathan; and Jake Gulick, who was team captain in 1977. Bob Knoebel is partially hiden. Emily Laux Roche for WestportNow.com

Boys Varsity Basketball: Staples Falls to Brien McMahon 69-59

The Staples boys varsity lost their regular season finale Wednesday night to Brien McMahon 69-59 to finish 15-5 overall and 12-5 in the FCIAC.

The JV team won 62-50 to finish 17-3 overall and 13-3 in the FCIAC.

The FCIAC tournament begins Saturday at Fairfield High. The seeds will be determined after the results of all of the final games are tabulated.

Thursday, February 26, 2004

7 p.m. - Town Hall Room 201 - Planning & Zoning Commission Work Session

Farrell Among 20 Democratic Mayors and First Selectmen Backing Kerry

Westport First Selectwoman Diane Goss Farrell was among 20 Democratic mayors and first selectmen from across Connecticut endorsing Massachusetts Sen. John Kerry today.

Hartford Mayor Eddie Perez said Kerry is the party's best shot at taking back the White House and bringing more jobs, education funding and better health care to the state.

"He is the best Democratic candidate that can take on George Bush and get our economy moving again," Perez said.

Connecticut has lost 48,000 jobs, including 34,000 manufacturing jobs, since George Bush took office, said Perez.

He initially supported Sen. Joe Lieberman, D-Conn., but shifted to Kerry after Lieberman dropped out of the nomination race.

Farrell also backed Lieberman initially and was among Connecticut supporters who traveled to New Hampshire to campaign for him there.

In addition to Perez and Farrell, also announcing their support for the Democratic front-runner were mayors John Fabrizi of Bridgeport, Tim Larson of East Hartford, Patrick Tallarita of Enfield, Dennis Popp of Groton, Carl Amento of Hamden, Tom McBride of Newington, John DeStefano of New Haven, Alex Knopp of Norwalk, Dannell Malloy of Stamford, Owen Quinn of Torrington, Jonathan Harris of West Hartford, Ray Morin of Wethersfield, and Donald Trinks of Windsor.

Also, First Selectmen Kenneth Flatto of Fairfield, Herb Rosenthal of Newtown and Raymond Baldwin of Trumbull; and First Selectwomen Peggy Katkocin of New Fairfield and Susan Dyer of Norfolk.

Connecticut will hold its primary on March 2, also known as Super Tuesday, along with California, Maryland, Georgia, Massachusetts, New York, Ohio, Rhode Island and Vermont.

Kerry is not expected to appear in Connecticut before Super Tuesday but his wife, Theresa Heinz-Kerry, is scheduled to visit Greenwich and Stamford on Sunday.

Farrell: As Many as 1,000 Property Notices May Go Out

Westport First Selectwoman Diane Goss Farrell told today's brown bag lunch she estimates as many as 1,000 notices regarding property assessments might go out next week as a result of a review of the 2003 assessments. But she left unclear how many might indicate changes. "Everyone who raised a question will get a notice," she said, adding,"They're not cherry picking -- they are looking at whole streets all over town." She said a revised assessment list will be published identifying properties where assessments have changed. (CLICK PHOTO TO ENLARGE). WestportNow.com photo

Martha Stewart Trial: Defense Rests

Lawyers for Westport's Martha Stewart rested their case today without putting her on the stand. They called only one witness during a defense that lasted less than an hour.

Courtroom sources said they expected closing arguments will take place next Monday and Tuesday with the judge charging the jury Wednesday after which it will begin deliberations.

The lone defense witness was Steven Pearl, a lawyer who testified about notes he took during a February 2002 interview in which the government claims Stewart told a series of lies about the day she sold her stock in ImClone Systems.

The session is an important part of the government's case, and the defense sought to use Pearl's testimony to raise questions about what Stewart was asked during the questioning - her first interview with investigators.

One accusation is that Stewart falsely claimed she did not know whether there was a record that stockbroker Peter Bacanovic had left her a message on Dec. 27, 2001, the day she sold the ImClone stock.

But Pearl's scribbled notes show Stewart may have been responding instead to a question about what time Bacanovic called her that day.

Under cross-examination by prosecutors, Pearl admitted his notes were incomplete, and that there may have been a question about the message log that he did not write down.

Referring to his notes and a memo he prepared after the interview, Pearl said: "Neither one is a verbatim transcript."

There was no court reporter or tape recorder in the interview, and the government relied on the notes of an FBI agent who was present to charge Stewart with lying.

Lawyers for Bacanovic also rested their case today. They called five witnesses over three days.

The government claims Stewart sold her 3,928 ImClone shares because she was tipped that ImClone CEO Sam Waksal was frantically trying to unload his own stake. A negative report about an ImClone cancer drug soon sent the stock tumbling.

Stewart and Bacanovic claim they had made a plan before Stewart sold to get rid of the shares if ImClone's stock price fell below $60. Prosecutors say it was simply a cover story.

U.S. District Judge Miriam Goldman Cedarbaum has yet to rule on motions from both defendants urging her to dismiss the charges in the case. She has indicated it is unlikely she will throw out all charges.

Wednesday, February 25, 2004

10:30 a.m. - Town Hall Room 102 - International Hospitality Committee
Noon - Town Hall Room 309/307 - Citizens Brown Bag luncheon
5:30 p.m. - Staples High School, Room 516 - School Building Committee Staples Subcommittee
7 p.m. - Town Hall Room 309/307 - Board of Selectmen
7 p.m. - Staples High School Library - Board of Education budget work session with Board of Finance
7:45 p.m. - Town Hall Room 201 - RTM Finance & Public Works Committees
8:15 p.m. - Town Hall Room 201A - RTM Public Works Committee

Westport Property Transfers Feb. 16-20, 2004

Property transfers as reported by the Westport Town Clerk's office for the period Feb. 16-20, 2004:

Kimberly M. Hynes to Christopher M. and Carla P. Baylis, 17 Davenport Ave., $550,000.

Leon C Hirsch to R. and J. At Michele Lane LLC, 1 Ford Road/Michele Lane, $865,000,

Leonard and Sara Beth Egol to Lisa and Franklin Canosa, 3 Sandy Hill Terrace, $739,000.

Westport Property Assessment "Model" Made Available

The "model" used by the firm hired to carry out Westport's controversial 2003 property assessment has been made available at the office of the town assessor.

"It's there and anyone can get a copy," said First Selectwoman Diane Goss Farrell today.

Residents had been pressing Farrell for access to the valuation schedule since a Feb. 3 meeting by the Representative Town Meeting (RTM).

At that meeting, John Ryan, head of J. F. Ryan Associates, the firm which carried out the assessment, told questioners that the model was the key to residents' property values.

"All of the sales here in Westport were used to construct the model that we applied via the computer to estimate what your house would likely sell for," he told the meeting.

When several residents asked to see a copy of the model, Ryan replied that it would be made available at the assessor's office after some refinements had been made.

"We had to tweak it as we reviewed the assessments," he told WestportNow today.

The three-page schedule, available here as a PDF document, includes formulas for "total market value," "total living area," and values assigned under the heading "Unit prices – Main Building & Attachments."

There is also a column labeled "Grade," a "Westport Residential Depreciation Schedule" and a "Westport Residential Site Schedule."

The last schedule includes columns labeled "average," "good," and "waterfront."

Ryan and Kevin Murowsky, deputy assessor, acknowledged that the document is difficult for the layman to understand.

They said, however, that it is essentially a roadmap the appraisers use for making judgments about Westport properties, taking into account variables such as age, location, and property features.

Both men said it was inevitable that "anomalies" would creep into the assessment list because 2003 was a statistical revaluation, meaning that physical inspections were not made of all properties.

Many residents have complained that some properties were over assessed while others were under assessed.

Complicating the calculations was the fact that about 1,700 properties for which building permits had been issued since 1998 had not been updated for the 2003 assessment process.

Ryan said his staff has found that a number of properties cited by residents as being undervalued, for example, were among those where improvements had been made but the assessment card had not yet been updated.

Martha Stewart Trial Update: Neither Stewart nor Bacanovic Will Testify

It had been expected but became official today – neither Westport's Martha Stewart nor her co-defendant in their stock fraud trial, broker Peter Bacanovic, will testify in their own defense.

Stewart's attorney, Robert Morvillo, made the decision about Stewart after it became apparent that Bacanovic would not testify.

With the trial winding down, Morvillo said he intends only to call a couple more witnesses, including, if the judge permits, a memory expert who would testify why Stewart was unable to remember some details of her ImClone stock sale.

Courtroom observers said final prosecution and defense arguments in the trial could begin later in the week or the judge might put them off until next Monday and Tuesday.

That would allow the jury to hear them together without interruption of the weekend.

Meanwhile, Stewart's business manager today backed up a contention by Stewart's lawyers that their client likely based statements to investigators about a suspect stock sale on information she was given by others.

Heidi DeLuca testified that six days before Stewart was to be interviewed by investigators she reminded her boss that Bacanovic had long wanted to sell the ImClone stock if the share price fell below a certain threshold.

DeLuca said Stewart asked her, "What do you remember about ImClone?" and she replied, "I remember Peter wanted to set some kind of bottom price of $60 or $61."

Stewart's lawyers maintain her conversation with DeLuca was fresh in their client's mind days later when she was questioned by investigators about the sale of nearly 4,000 shares of the biotech company.

Stewart told the investigators during the interview that she sold her ImClone stock because of a pre-existing deal with Bacanovic to unload the shares when the price fell to $60.

Government lawyers say no such agreement existed, arguing that Stewart sold the stock after she was tipped by the stockbroker's assistant that the biotech company's founder was dumping his shares.

Prosecutors maintain Stewart and Bacanovic were worried the trade was illegal and lied to cover it up in a criminal conspiracy.

They are charged with the criminal conspiracy and Stewart is further charged with securities fraud.

Morvillo, Stewart's attorney, has indicated that DeLuca's testimony will be one of the key elements of his defense.

"This information, right or wrong, was given to Ms Stewart five days before she went before the government," Morvillo told the judge on Monday in arguments about how much of DeLuca's testimony would be allowed.

"She (Stewart) remembered the conversation ... she reiterated part of that memory to the government."

Westporters Have New Commercial Jet Service Airport Choice: New Haven

Westport and other area air travelers will soon have a new airport choice for commercial jet service -- for the first time since 1996, commercial jet service is returning to Tweed-New Haven Airport.

Delta Air Lines announced today that beginning May 27, one of its Delta Connection carriers, Comair, will fly three daily round-trip jet flights between Tweed and Delta's Cincinnati/Northern Kentucky International Airport hub.

Delta Connection will be the first new airline to serve New Haven since United, United Express and Continental Express all pulled out in 1996.

"This is a huge milestone for the city and the region," Tweed-New Haven Airport Authority Chairman Lawrence DeNardis said.

Delta will add its Cincinnati service to US Airways Express existing turboprop service to Philadelphia.

The Delta service will be on 40-seat Bombardier Canadair regional jets, according to Joe Kauffmann, Delta Connection-Comair director of corporate marketing and communications.

Mayor John DeStefano Jr. and Bruce Alexander, Yale University vice president for New Haven and state affairs, said the deal was sealed after businesses guaranteed $1.9 million in revenues for the airline, an effort that Alexander led.

"What it does is, for the first time in nearly a decade it provides jet service to a major hub," DeStefano said. "It puts Tweed in a place where it can be a meaningful factor in supporting business."

SWPRA Announces Transportation Plan Listening Sessions

The South Western Regional Planning Agency (SWRPA) announced today it will host public meetings to receive input for the region’s long-range transportation plan covering the 2004-2030 time period.

The meetings will be held March 2 from 11 a.m. to 12:30 p.m. and again from 4:30 p.m. to 8 p.m. at the agency offices, 888 Washington Boulevard – 3rd Floor in Stamford.

Comments also may be submitted electronically to prosi@swrpa.org. or mailed to the attention of Sue Prosi, senior transportation planner, at 888 Washington Boulevard – 3rd Floor, Stamford, CT 06901.

Information about South Western Region Long Range Transportation Plan is available at SWRPA’s Web site at: www.swrpa.org.

Martha Stewart Trial: Stewart's Manager Portrays ImClone as Small Matter

The stock fraud trial of Westport's Martha Stewart heard testimony today from her business manager that the sale of ImClone shares was small potatoes compared to other matters Stewart had on her plate.

Heidi DeLuca, who worked in the Westport office of Stewart's media company, said she oversaw millions of dollars in Stewart's personal and corporate accounts and played down the sale of almost 4,000 shares of ImClone and its much smaller value.

The intent by the defense was to show that because of the relatively smaller amount involved in ImClone, it was not unusual for Stewart not to be able to recall with clarity every detail about the sale.

Meanwhile, it was not clear as testimony in the trial resumed today whether Judge Miriam Cedarbaum would throw out the most serious charge against Stewart -- securities fraud -- which accuses her of deceiving investors in her media conglomerate.

The judge has called that charge "novel" and "the most problematic" of the five counts each against Stewart and her former stockbroker, Peter Bacanovic.

The government contends Stewart sold her ImClone stock after Bacanovic ordered his assistant to tip her that ImClone founder Sam Waksal was frantically trying to unload his holdings.

On Monday, DeLuca said Bacanovic had talked of selling off ImClone shares weeks before the stock dropped.

DeLuca's testimony would seem to undercut prosecution claims that selling shares of ImClone at $60 was a cover story.

DeLuca said a conversation she had had with Bacanovic took place on Nov. 8, 2001, about a month and a half before Stewart sold her shares of ImClone.

During today's testimony, DeLuca said she reminded Stewart in January 2002 that her broker wanted her to unload ImClone Systems stock at $60 or $61.

Heidi DeLuca placed the conversation with Stewart on Jan. 29, 2002. Stewart gave her first interview to investigators in the ImClone probe six days later.

Lawyers for Stewart and Bacanovic are trying to show Stewart was giving her best recollection when she told investigators she and Bacanovic had arranged to sell ImClone at $60.

The government claims Stewart actually sold on Dec. 27, 2001, because she was tipped that Waksal was selling, and that the $60 plan was a cover story, devised after investigators started looking into the sale.

DeLuca's testimony supports the key element of the defense - that Stewart and her co-defendant, Bacanovic, had a pre-existing plan to sell her 3,928 ImClone shares.

On Monday, DeLuca testified that Bacanovic expressed a desire to get rid of the shares in a conversation on Nov. 8, 2001.

"He told me he felt ImClone was a dog," she said. "He felt he could set a floor price of $60 or $61 just in case the stock continued to fall, as a safeguard."

DeLuca said she was discussing the matter with Bacanovic because she was handling the transfer of Stewart's ImClone shares from another bank to Merrill Lynch & Co., where Bacanovic worked.

Stewart and Bacanovic are accused of repeatedly lying to investigators about the circumstances of the ImClone sale. They are charged with conspiracy and obstruction of justice, among other counts.

The testimony Monday came as Stewart got support from Bill Cosby, who wore sunglasses as he sat next to her daughter in the courtroom. Asked by reporters why he showed up, Cosby said: "I'm here for a friend."

Earlier Monday, a former lawyer for Douglas Faneuil, Bacanovic's assistant and the government's star witness at the trial, took the stand and bolstered key elements of Faneuil's testimony.

With the trial winding down, it appeared more unlikely that either Stewart of Bacanovic would testify in their own defense.

A spokeswoman for Stewart told reporters today that it was "highly unlikely" she would testify.

Tuesday, February 24, 2004

10 a.m. - Town Hall Room 309 - Arts Advisory Committee
2 p.m. - Town Hall Room 309 - Police swearing-in ceremony
7:30 p.m. - Town Hall Auditorium - Zoning Board of Appeals
7:30 p.m. - Town Hall Room 201- RTM Environment Committee
7:30 p.m. - Town Hall Room 309 - Architectural Review Board

Boys Varsity Basketball: Staples Beats New Canaan 65-59

The Staples Wreckers beat the New Canaan Rams 65-59 in overtime tonight at New Canaan as sophomore Brian Levine scored 19 points and senior John Baumann had 17.

Matt Cook also had 17 and Joe Forbes had 10 points in the win. It was the first time all year Staples had four players in double figures.

Staples improves to 15-4 overall and 12-4 in the FCIAC.

The JV won by 22 (16-3) (13-3) and the Freshmen won by 9 (9-9 and 7-8). The final game of the regular season is Wednesday at Brien McMahon in Norwalk.

The FCIAC tournament begins on Saturday at Fairfield High School.

Depending on the results of the final day of games, Staples could be seeded anywhere from third to seventh.

Martha Stewart Trial Update: Business Manager Backs $60 Sale Story

The business manager for Westport's Martha Stewart testified today that her broker thought ImClone Systems Inc. was "a dog'' and wanted her to sell the stock six weeks before she unloaded her shares.

The testimony supports Stewart's claim that she did not unload her ImClone stock because of "a secret tip'' company founder Sam Waksal was dumping his shares, as prosecutors contend.

The government says Stewart and Peter Bacanovic, her Merrill Lynch & Co. broker, conspired to hide the reason she sold a day before ImClone announced that regulators had rejected the company's new cancer drug.

Heidi DeLuca, a business manager for both Stewart and her company, Martha Stewart Living Omnimedia Inc., offered jurors an explanation for her boss's stock sale that is consistent with defense claims of a prior agreement to sell when ImClone dipped below $60.

DeLuca said Bacanovic raised the prospect of Stewart getting rid of her ImClone shares as early as Nov. 8, 2001.

"He told me he felt ImClone was a dog,'' DeLuca said. Bacanovic wanted to set a sale price of $60 or $61, she said, "just in case the shares continued to fall, as a safeguard.''

Stewart and Bacanovic are on trial in Manhattan federal court for obstruction of justice, accused of lying to investigators about why she sold about 4,000 ImClone shares.

The defendants both claim Stewart had a pre-existing sell order for ImClone. Prosecutors contend that's a cover story concocted to hide the fact that she was alerted to the Waksals' trading.

ImClone shares had sold for as high as $73.83 at the close of trading on Dec. 5, 2001. On Dec. 27, when Stewart sold her stock, the closing price was $58.30.

The following day, after the U.S. Food and Drug Administration rejected ImClone's application for Erbitux, a drug for treating colon cancer, shares fell $3.05 to $55.25.

The FDA approved Erbitux on Feb. 12. ImClone and its partner, Bristol-Myers Squibb Co., said they will begin shipping the drug Tuesday.

ImClone shares rose $1.45 today to close at $41.35 in New York Stock Exchange composite trading.

Even before Bacanovic criticized ImClone in November 2001, Stewart was willing to sell her shares, DeLuca said.

When Bristol-Myers made a tender offer for ImClone in October 2001, Stewart offered to sell all 5,000 shares in her personal account, DeLuca testified.

"She told me to tender all of them,'' said DeLuca, who has been employed by Martha Stewart Living since 1999 and also handles Stewart's personal accounts.

Bristol-Myers bought 21.43 percent of ImClone's stock through the tender, leaving Stewart with 3,928 shares.

Also in October 2001, Stewart sold more than 50,000 ImClone shares her company held in an employee pension account, DeLuca said.

Stewart alone is also accused of securities fraud for making false public statements professing her innocence.

Prosecutors say her comments were designed to insulate her company from the trading scandal and prop up its share price.

She faces 10 years in prison if convicted.

This morning, a former lawyer for Douglas Faneuil, an aide to Bacanovic and the government's main witness, said he never told his client to lie to federal investigators, dealing a setback to defense efforts to discredit the brokerage assistant.

Faneuil testified that under orders from Bacanovic, he told Stewart that Waksal was selling all his ImClone stock, then sold all her shares and lied about it to investigators.

Within days of Stewart's sale, Merrill alerted regulators to her trade and those by the Waksals.

Faneuil's first lawyer was called as a defense witness today, as an attorney for Bacanovic sought to show that the former broker's aide had engaged in a pattern of lying.

Jeremiah Gutman, who represented Faneuil in 2002 while the Securities and Exchange Commission was investigating possible insider trading of ImClone shares, said, "I told him he should not lie.''

Faneuil testified earlier this month that he had already lied about Stewart's ImClone trade in a Jan. 3, 2002, telephone interview with the SEC, and it was after that he decided to hire Gutman.

The lawyer initially advised him to come forward and tell the truth, he said, though at a later session, Faneuil said, Gutman told him he had met with a Merrill lawyer who said the firm had reached a deal with the government about the ImClone probe.

Faneuil testified that Gutman told him, "Merrill Lynch would hand over the Waksals on a silver platter in exchange for the government's looking the other way on the Martha Stewart situation.'' Faneuil said his lawyer told him to "lay low,'' rather than come forward and tell the truth to the SEC.

Merrill has denied any deal was reached with the government over the ImClone trades.

In his testimony today, Gutman said he told Faneuil in January 2002 that he had spoken with Merrill lawyer David Marcus, who said a deal was in the works.

"He told me he was working on making a deal, and the deal involved getting all Merrill Lynch people off the hook and letting the chips fall where they may,'' Gutman testified.

Gutman said he told Faneuil at their first meeting "to tell the truth.''

Bacanovic's lawyer, Richard Strassberg, then asked Gutman whether he later told Faneuil to lie.

While denying he did, Gutman acknowledged that he warned Faneuil that if he told "a different story'' to the SEC, he'd be "sticking his neck out'' and could be charged with a crime.

Gutman said he suggested that Faneuil invoke his Constitutional right against self-incrimination.

Faneuil started to cry, saying he was afraid of "merciless, moral-less people,'' Gutman said. From his testimony, it wasn't clear who Faneuil was referring to.

Earlier today, U.S. District Judge Miriam Goldman Cedarbaum advised lawyers that she'd reserve her decision on whether to dismiss some of the charges

Survey: Westport Ranked 22nd in $1 Million Plus 2003 Real Estate Sales

A survey by Coldwell Banker Real Estate Corp. found Westport ranked 22nd in the nation last year in the sale of luxury homes valued at $1 million or more.

An announcement said Westport sales in the category for the company totaled $172.3 million.

The only other Connecticut community in the top 75 was Greenwich at No. 31 with $153.18 million.

In 2003, Coldwell Banker affiliates sold 13,816 luxury homes priced over $1 million, up 24 percent from 2002, the company said.

Los Angeles led the list with $629 million in luxury sales, followed by San Francisco, Malibu, Newport Beach, Pacific Palisades, and Santa Monica.

California towns and cities accounted for 18 of the 25 top luxury home markets on the list. Only Boca Raton, Fla., Boston, and Chicago among non-California locations bested Westport.

Full text of the news release is available here.

A recent report by William Raveis Real Estate showed the average sales price of Westport homes jumped 13.9 per cent in 2003 over 2002 -- to $1,129,580 compared to $995,227.

The average list price in 2003 was $1,393,338 compared to $1,316,395, an increase of 5.8 percent.

The number of sales dropped from 494 to 423 or 14 percent in the period. Days on the market increased from 72 to 82 or 13.9 percent.

The number of listings in 2003 was 823 compared to 737 in 2002, up 12.2 percent, the company said.

Westport Public Schools: Help Wanted

If you are an experienced educator and want to work in the administrative area of the Westport public schools system, this may be your time.

As town bodies debate a new education budget that calls for a more than 7 percent increase, the school system has put out the help wanted sign for at least five senior administrative positions, four of which could pay more than $100,000 per year.

"Each position has opened as a result of either a retirement, acceptance of a position in another school district, or reorganization plan as approved by the Board of Education in the past," Schools Supt. Elliott Landon told WestportNow.

An advertisement appearing in select newspapers this weekend sought an assistant principal at Staples High School with a salary range of $105,251-$112,880; a special education department chair with a salary range of $98,156- $105,249; and a social studies department chair with a salary range of $98,156-$105,249.

Also sought, a guidance department chair with a salary range of $53,138- $97,814, and a vice principal at Bedford Middle School with a salary range of $105,251-$112,880.

Educators have described the market for school administrators as tight, especially in the New York suburban area.

In addition to an advertisement for the Westport positions, Sunday's New York Times included ads for similar positions in Norwalk, Poughkeepsie, N.Y., Uniondale, N.Y., and Manhasset, N.Y.

Martha Stewart Trial: Judge Holds Off Any Decision on Charge Dismissal

The federal judge in the stock fraud trial of Westport's Martha Stewart said today she will reserve decision on an application by the defense to dismiss part of the charges against her.

U.S. District Judge Miriam Goldman Cedarbaum had appeared particularly interested in the possibility of throwing out the securities fraud count against
Stewart.

It accuses her of deceiving investors in her media conglomerate,
Martha Stewart Living Omnimedia.

"I reserve decision on all the motions to dismiss," Cedarbaum told the court after hearing arguments from lawyers for Stewart, broker Peter Bacanovic and prosecutors.

She said she needed more time to consider the motions and asked attorneys to provide some past court decisions that might help her make her ruling.

Cedarbaum made the statement at the beginning of the day's proceedings in a Manhattan courthouse.

After 21 witnesses and 14 days of testimony, the prosecution in Stewart's trial has rested and the defense has taken over.

Meanwhile, sources told The Wall Street Journal that lawyers for Stewart and her stockbroker co-defendant are leaning not to have them testify in their defense.

Stewart and Bacanovic are charged with lying to investigators about what prosecutors said was a secret stock tip that prompted Stewart to sell her ImClone Systems Inc. shares on Dec. 27, 2001.

Government lawyers say Bacanovic ordered his Merrill Lynch assistant, Douglas Faneuil, to warn Stewart that ImClone's founder was dumping his shares and that she immediately traded on the confidential tip.

A former lawyer for Faneuil, who gave perhaps the most damaging testimony to date against Stewart and Bacanovic, was called to the witness stand today by defense lawyers hoping to poke holes in Faneuil's testimony.

But Jeremiah Gutman, an 80-year-old civil rights lawyer, backed up his former client's account of events, saying Faneuil was afraid of telling investigators what he knew about the ImClone sale.

Gutman also testified that a Merrill Lynch lawyer told him at one point during the investigation that the brokerage was working out a deal with prosecutors so that no staff would face charges relating to ImClone.

He said the lawyer informed him that the "deal would involve getting all the Merrill Lynch people off the hook and then letting the chips fall where they may."

Also today, a defense ink expert testified Bacanovic used at least three different pens on a worksheet of Stewart's portfolio on which the notation ``(at)60'' appears next to a listing for her ImClone stock.

The government contends Bacanovic added the notation to make the $60 agreement seem legitimate.

But the expert, Albert Lyter III, said the ``(at)60'' appears to have been made with the same pen as a small dash that appears next to a listing for Apple Computer stock.

Monday, February 23, 2004

11:30 a.m. - YMCA -- Probate Judge Kevin O'Grady addresses Y's Women
2 p.m. - Kings Highway School Cafeteria - Food Service Advisory Committee
8 p.m. - Staples High School Library -- Board of Education, discussion School Start Time Committee

Hot Roast Chicken for a Cold, Cold Night

By Fran
WestportNow Consumer Correspondent
fran@westportnow.com

Sorry to say, I am not a food critic. So when WestportNow readers occasionally write asking me to critique restaurants or food items, I’m at a loss. Tasting is just not my thing. (I always welcome comments from readers, however.)

Costco chickens: my absolute favorite. WestportNow. com photo
But when Southport resident Dave Fishman wrote recently to say that he and his wife often pick up roasted whole chickens for dinner on the way home from their jobs in Westport, he posed a challenge that was right up my alley.

Rotisserie chickens have been a longtime favorite of mine – although none will ever stack up to those incredible hot roast chickens I grew up on from Williams’ Barbecue on Broadway and 86th Street.

So here is my own survey of rotisserie chickens around Westport. Chickens are approximately three pounds and have no sauce or coating, unless otherwise noted.

One caveat: get them while they’re hot! It makes all the difference.

In order of my own personal preference:

Fran’s Absolute Favorite
Costco Wholesale $4.99: My hands-down favorite, believe it or not, is also the lowest priced. Costco’s hot Kirkland brand rotisserie chickens are flavorful, moist, and stay that way hours later and even – gasp – reheated. I was once a snob about buying food in a wholesale club. No more.

A Very Close Second
HayDay $7.99 A flavorful roast chicken rubbed in oil and fresh herbs. A tad less moist than Costco’s, and a bit salty. But surprisingly well-priced for HayDay. I have to say that the new owners are truly making an effort to make the store more democratic and offer food items other than those only a hedge fund manager can afford.

HayDay's roast chicken was a very close second. WestportNow.com photo

A Surprising Third
Shaw’s Supermarket $5.99 This one surprised me. Although their rotisserie chicken was a very weird unappetizing grey color and a slightly artificial injected-with-something flavor, the chicken was moist and juicy. But not out of the question.

A Distant Fourth
Both Stop & Shop’s $4.59 and Stew Leonard’s $4.99 chickens offer the same mass-produced, practically tasteless roast chickens. Unless you buy one right out of the roaster and speed home, they turn dry fairly quickly, too. Grab some ground sirloin and make yourself a burger instead.

What a Disappointment
Wild Oats $7.99. From the day this natural foods emporium opened (OK, yes, I crossed that picket line because the big rat annoyed me) I have been buying and enjoying Wild Oats organic rotisserie chickens. But they must have changed suppliers because the last few I’ve tried have been dry, dry, dry, although flavorful. What’s up guys?

Food for Thought’s organic Bell & Evans free range roast chickens are priced at $3.99 per pound, with a typical chicken costing about $9 -- almost identical in taste and dry, dry, dryness to the chickens at Wild Oats. While you’re slathering mayo on it to make it moist enough to eat, at least you’ll have the satisfaction of knowing it’s organic.

No Data Available
Gold’s $12 chickens have not been available for several weeks now, since their chicken warmer is “off-line,” according to a counterman – meaning, out for repair. At that price, they can take their time. If you’re going to splurge, let it be corned beef. It doesn’t get any better than Gold’s. But that’s for another Fran’s List.