Martha's lawyer fears jurors don't understand charges

Martha Stewart’s lawyer fears that jurors at her share fraud trial might mistakenly believe the billionaire domestic goddess is charged with insider trading.

Robert Morvillo twice raised the issue with New York Judge Miriam Goldman Cedarbaum this week between interviews of potential jurors, according to transcripts released last night.

“These jurors are coming in here. Many of them have written the same thing, thinking that she has been charged with criminal insider trading,” Morvillo said .

The judge replied: “I will see to it that the jury does not believe that there is a charge of insider trading.”

Stewart is accused of lying to investigators and misleading investors in her own company about why she sold 3,928 shares of ImClone Systems stock in 2001, just before it plummeted on a negative government review of an ImClone drug.

The government says she was tipped that ImClone founder Sam Waksal was trying to sell his shares.

Waksal has admitted getting advance word of the government decision and pleaded guilty to insider trading. But Stewart was never accused by the government of personally knowing about the government report.

The judge has begun each day of juror interviews by addressing potential jurors as a group in open court. Each day, she lists the charges against Stewart and former stockbroker Peter Bacanovic, but she does not mention insider trading.

A jury of 12 is expected to be seated Monday at the earliest.

The judge had cleared about 40 jurors after yesterday’s session, near the 50 she wants to proceed to the final round of jury selection.

Lawyers hope the judge will approve the final 10 today, and they will winnow that pool to a final jury of 12 and six alternates on Monday. Opening statements could be Tuesday.

Stewart appeared upbeat as she arrived at the federal courthouse in Manhattan, smiling widely, waving twice and giving a thumbs-up sign to seven supporters.

The fans – shouting, “Go Martha! Innocent!” – carried placards that spelled out “SAVE MARTHA! In pastel colours, and some brandished silver kitchen utensils like whisks, slotted spoons and spatulas.

Finding a pool of about 50 jurors from which to select the final 12 has proved a delicate, deliberate process, the transcripts show.

Many potential jurors have heard about the case in the media. The judge appears inclined to let jurors with vague knowledge of the case on the jury, provided they assure her they can be fair and judge the case on the evidence.

One juror was excused from service on Wednesday, a transcript shows, after telling the judge – and Stewart, who is sitting in on the interviews – media coverage had influenced her “a lot”.

“I don’t think that I would be fair,” the woman said. ”I think I would be - I am not even trying to be impartial. I think she is guilty.”

The media are relying on transcripts of the juror interviews because the judge has barred reporters and the public from watching the process, even though it is usually conducted in open court.

Seventeen media organisations, including The Associated Press, claim the ban violates the public’s right to monitor the judicial process. They are appealing the decision – mostly for the purpose of setting precedent for future cases – at a hearing scheduled for Monday.

The government urged the federal appeals court to uphold the judge’s decision.

Prospective jurors would likely feel inhibited upon realising that the full force of national – if not international – press attention was directed, even for a matter of minutes, exclusively at them,” the government wrote.