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Martha's defense rests
Lawyers call just one witness; case could go to the jury after closing arguments Monday and Tuesday.
February 27, 2004: 6:57 AM EST

NEW YORK (CNN/Money) - Testimony in the Martha Stewart obstruction of justice trial ended Wednesday with the case's biggest star not taking the stand.

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Martha Stewart's former broker, Peter Bacanovic, will not testify in his defense. CNNfn's Mary Snow reports.

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Attorneys for both Stewart and her former stockbroker and co-defendant, Peter Bacanovic, rested their cases Wednesday morning. Neither testified in the trial -- the most closely watched case so far involving corporate executives accused of wrongdoing. The prosecution rested its case Friday.

U.S. District Judge Miriam Goldman Cedarbaum said she expected jury deliberations to begin next week. Cedarbaum may also rule on a defense motion to dismiss some of the charges.

Closing arguments are scheduled for Monday and Tuesday, after which the case will go to the jury.

The final witness for Stewart's defense was Stephen Pearl, an attorney for Stewart when she answered questions from investigators in 2002. Pearl testified about what Stewart told investigators about a phone call she received from Merrill Lynch on Dec. 27, 2001, the day she sold nearly 4,000 shares of ImClone Systems stock.

Stewart, the founder and former CEO of Martha Stewart Living Omnimedia (MSO: Research, Estimates), and Bacanovic are charged with lying to cover up the real reasons for her sale of ImClone stock that day.

Prosecutors contend Bacanovic ordered his assistant to tip Stewart that ImClone founder Sam Waksal, also a friend of Stewart, was trying to sell all of his shares. Stewart then sold her stock in the biotech company.

But the defendants deny any coverup and say they had an arrangement to sell Stewart's ImClone stock if the shares fell to $60.

In his testimony, Pearl said the question Stewart was asked during the interview with regulators was whether she knew what time Bacanovic had called on Dec. 27 -- not whether he called. She replied she did not know, according to Pearl.

The defense said Pearl wrote down both questions and answers in his notes from the meeting with investigators; an earlier prosecution witness, FBI agent Katherine Farmer, admitted writing only the answers in her notes.

Under cross-examination by prosecutors, Pearl admitted his notes weren't verbatim.

Meanwhile, lawyers are waiting to see if the judge will dismiss some of the charges against Stewart, including a securities fraud count that carries a maximum prison term of 10 years.

The securities fraud charge, which the judge has called novel, accuses Stewart of using her proclaimation of innocence as a move to mislead investors in her company, Martha Stewart Living Omnimedia.

Related Links
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Stewart's Employment Agreement at Martha Stewart Living Omnimedia Inc.
Court Ruling Dismissing 'Selective Prosecution' Defense
Superseding Indictment (U.S. v. Stewart and Bacanovic)

Most of Tuesday's testimony revolved around Stewart's business manager, Heidi DeLuca, who said she'd reminded her boss -- just days before Stewart was going to be interviewed by investigators -- that Bacanovic had long wanted to sell Stewart's ImClone stock if the share price fell below a certain threshold.

On Monday DeLuca testified that in early November 2001, Bacanovic told her he "felt he would set a floor price of $60 or $61 just in case the stock continued to fall, as a safeguard," and that he planned to talk to Stewart about it.

It was the first testimony backing the explanation Stewart and Bacanovic gave for her sale of ImClone shares a day before negative news about the company sent the stock tumbling.

Winding down?

Waksal is serving a seven-year prison term after pleading guilty to securities fraud.

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Ironically, the drug that led to the insider trading scandal in 2001 when its application was rejected, Erbitux, was recently approved to treat certain forms of cancer.

Douglas Faneuil -- Bacanovic's former assistant -- has testified that Stewart told him to sell her ImClone stake after he revealed, at Bacanovic's behest, that Waksal was selling.

Stewart could face up to 30 years in prison while Bacanovic could be sentenced to 25 years if convicted on all counts, according to the U.S. Attorney's office.

The prosecution rested its case Friday after a close friend cast doubt on testimony damaging to Stewart and the judge heard dismissal arguments.  Top of page


-- from CNNfn's Allan Chernoff and staff and wire reports




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Most stock quote data provided by BATS. Market indices are shown in real time, except for the DJIA, which is delayed by two minutes. All times are ET. Disclaimer. Morningstar: © 2018 Morningstar, Inc. All Rights Reserved. Factset: FactSet Research Systems Inc. 2018. All rights reserved. Chicago Mercantile Association: Certain market data is the property of Chicago Mercantile Exchange Inc. and its licensors. All rights reserved. Dow Jones: The Dow Jones branded indices are proprietary to and are calculated, distributed and marketed by DJI Opco, a subsidiary of S&P Dow Jones Indices LLC and have been licensed for use to S&P Opco, LLC and CNN. Standard & Poor's and S&P are registered trademarks of Standard & Poor's Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC. All content of the Dow Jones branded indices © S&P Dow Jones Indices LLC 2018 and/or its affiliates.