NEW YORK (CNNfn) - Martha Stewart's attorneys tried to score points against government prosecutors Monday, arguing in court that information regarding charges against Stewart's was leaked before a grand jury handed out the indictment.

Robert Morvillo, lead defense council, pointed to media reports stating that Stewart would not face a criminal insider trading charges and asked the judge to have the government investigate.

Prosecutor Michael Schachter argued there was no need for investigation stating because there were no leaks from the government. He added that defense attorneys knew in advance Stewart would not be facing a criminal insider trading charge, and pointed out that defense attorneys were cited as sources in some of the articles.

Judge Miriam Cederbaum asked prosecutors for details of what the grand jury was told about the charges against Martha Stewart and said she would make a final decision after receiving that information.

Morvillo said in court he was trying to establish prejudice by the grand jury that approved the indictment against Stewart.

Morvillo added that if he were able to establish prejudice he might ask to have the indictment to be thrown out.

Martha Stewart faces criminal charges including obstruction of justice, conspiracy, making false statements and security fraud relating to her sale of ImClone Systems (IMCL: Research, Estimates) stock. She has pled not guilty.

Her trial is scheduled to begin January 12.