Too many prospective jurors in the case involving Westport’s Martha Stewart wrongly think she is charged with insider trading, her lawyer complained to the judge, according to transcripts released today.
In the transcripts from the closed-door jury selection process, Robert Morvillo said Wednesday that U.S. District Judge Miriam Goldman Cedarbaum shared blame for the misunderstanding because of her own choice of words, according to an AP account.
The judge replied that she would make sure the jury is properly informed.
Stewart is charged with obstruction of justice and securities fraud—but not insider trading—over stock she sold in 2001.
In the transcripts, which cover the first two days of juror questioning, the judge appears to have given up on finding 12 people completely unfamiliar with Stewart, zeroing in on those who say they can be fair despite heavy pretrial publicity.
During the first day of questioning, Cedarbaum asking potential jurors whether they can decide the case solely on the evidence.
Cedarbaum has fretted publicly about the volume of news coverage, and many potential jurors appear to be vaguely familiar with the case, if only its celebrity defendant.
“I mean, it’s been impossible to totally not hear about the case,” one potential juror told the judge, according to the transcript. “It has been everywhere.”
The judge followed up: “And you have no problem following exactly the judge’s statement of the law?” The juror answered, “Right.”
The judge told the potential juror, a housewife and former lawyer, that she may wind up on the jury, depending in part on whether she can find someone to watch her 13-year-old child.
The trial continued to attract attention outside the courthouse as well. As Stewart arrived this morning, she smiled, waved and gave a thumbs-up to supporters who held placards that spelled out “SAVE MARTHA” in pastel letters.
Stewart, 62, is accused of lying to the government and her own shareholders about why she sold ImClone Systems stock in late 2001, just before it plummeted on a negative government review of an ImClone cancer drug.
Hundreds of people have filled out jury questionnaires, and the judge is asking many of them follow-up questions this week, in front of Stewart and co-defendant Peter Bacanovic, in private sessions.
In the transcripts, Morvillo told the judge Wednesday, “I am asking the court to correct the misimpression that many jurors have, which is in part fostered by your honor saying that this is a securities fraud case.”
“I will see to it that the jury does not believe that there is a charge of insider trading,” the judge answered.
The judge is said to want about 50 jurors for the next phase, when lawyers can voluntarily strike them one by one if they believe they might lean toward the opposing side.
i can’t beleive that you are not printing the truth about martha being railroaded, is it because you are afraid of the powers that be and have no spine, or does it sell more newspapers to print what appeals to the morons. at best this case is a misdemeanor, business equivlent of jaywalking, and it is hard to believe that she is guilty given the facts at hand. maybe you should investigate jim comey, and why people like lay bushes buddy, and at least a dozen others aren’t being prosecuted, people who bankrupted older folks pention funds. martha bought stock at around 70 and sold at 60 how do you report that she made money on the deal.
thomas maksin
For so many people, Martha’s “the woman you love to hate” because of her success, her perfect lifestyle, and her emphasis on “doing things well”. The fact is, she’s done nothing really wrong here. She bought stock in a friend’s company. Said stock lost more than 10% of its value, so she sold it. Duh. So would anyone else. Was she supposed to hold on to it until it was worthless?