November 3, 2004
The Latest on Martha Stewart
Attorneys for Martha Stewart filed the Brief.pdf in the Second Circuit, to appeal her conviction. Four issues are presented:
I. Whether, after a trial pervaded by allegations that Stewart had committed the uncharged crime of insider trading, the District Court erred by: (1) refusing to instruct the jury that it could not convict Stewart of insider trading and could consider evidence of uncharged conduct only for a limited purpose; and (2) barring Stewart from rebutting the Government’s allegations or explaining to the jury that she had not committed insider trading.
II. Whether the Government’s use of out-of-court testimonial statements by Stewart’s co-defendant to discredit a key defense witness and otherwise bolster its case violated the Confrontation Clause.
III. Whether the false testimony of a high-ranking Government official, known to several other Government officials and transparent to prosecutors, requires a new trial (or, at very least, an evidentiary hearing) under the “virtually automatic” reversal rule.
IV. Whether the District Court erred in refusing to convene an evidentiary hearing to consider direct and credible evidence that one of Stewart’s jurors made numerous false statements about his qualifications to sit on the jury.