Judge Drops Most Serious Count Against Martha Stewart

Posted on February 27, 2004

In a surprising show of good sense, U.S. District Judge Miriam Goldman Cedarbaum threw out the absurd securities fraud count against Martha Stewart, writing, "Here, the evidence and inferences the government presents are simply too weak to support a finding beyond a reasonable doubt of criminal intent." If you will recall, that count was based on the ludicrous assertion by the government that by saying she was innocent of the charges, Ms. Stewart somehow committed securities fraud.

There are four counts left for the jury to consider: conspiracy, obstruction of justice, and two counts of lying to investigators. The case will likely go to the jury on Wednesday of next week. I have no idea what the jury is going to do and I must admit I'm a bit nervous about it.

Will the jury have the legal acumen to understand that she's being charged with only the "laundry list" charges that prosecutors usually tack on to an indictment in addition to the real charge, like insider trading (which she was not charged with)? Will they fall for Douglas Faneuil's outrageous performance on the stand where he acted out the events, imitating the voices and mannerisms of Martha and Peter Bacanovic? (Apparently, when he wasn't picking up guys in bars, snorting coke or drinking to all hours, he was studying to be a stand-up comic and celebrity impersonator). Tune in next week to find out.

Free Martha!