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Coffey Talk: Martha's Mess
Aired June 19, 2003 - 06:21 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Martha Stewart's lawyers are gearing up for her trial that's still probably months away, but Stewart is due back in federal court today for a routine hearing. She has pleaded not guilty to securities fraud and obstruction of justice. Stewart's lawyers are expected to ask the charges against be dropped. Stewart faces five federal charges that carry possible prison time.
Time for a little "Coffey Talk" now. Live on the phone from Miami, our legal analyst, Kendall Coffey. The topic, of course, Martha Stewart.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, Carol. Good morning.
COSTELLO: This hearing is called a status conference. It's a time when lawyers set a schedule for filing motions and things like that. Why does Martha Stewart have to appear in person?
COFFEY: Well, it's a standard requirement when someone is released prior to trial. A lot of times, judges are pretty liberal about it. It's a discretionary thing with a judge, but some of them are sticklers. And if she is to be treated like everybody else, it's not surprising that a judge would expect her to be there, although it's certainly not the kind of photo-op that Martha Stewart would have been looking for.
COSTELLO: You know, you have to wonder if they'll sneak her into the courtroom, because I understand security is going to be very tight.
COFFEY: Security will be massive. They'll try to do it as quietly as possible, but there is going to be reporters and members of the public posted everywhere around the courthouse. It's going to be tough.
COSTELLO: OK, the actual trial is still months away, but tell us, what are the most important pretrial issues that attorneys will be dealing with?
COFFEY: Well, I think certainly the attorneys are going to file some motions, most of which will be routinely denied. But there could be something interesting on this securities fraud charge, where the government says in effect that by declaring her innocence through public statements, even in individual sessions with investors, that that constituted a form of securities fraud, unprecedented charge, and that may get some papers and motions and a ruling by the judge. COSTELLO: So, along -- well along similar lines, she has that Web site and she proclaims her innocence on the Web site, and she claims to have 55,000 supporters. Will that carry any positive weight?
COFFEY: Well, I think it's fascinating in the sense that she is trying to get her message out, not only to customers and investors, but also to potential members of the jury. And so far -- I mean, it's much too early to tell how it's going to play out. But while most people in New York, according to a recent poll, thinks she's guilty, that's to be expected. The United States of America has brought the charges. Forty-six percent, according to a recent poll, say she has suffered enough. And my sense is she is not doing badly with the PR, and only time will tell.
COSTELLO: Yes, with her stock price as well. That will be a good sign for us to know. Kendall Coffey, many thanks -- talking to us live on the phone from Miami this morning.
COFFEY: OK, thank you, Carol.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
Aired June 19, 2003 - 06:21 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Martha Stewart's lawyers are gearing up for her trial that's still probably months away, but Stewart is due back in federal court today for a routine hearing. She has pleaded not guilty to securities fraud and obstruction of justice. Stewart's lawyers are expected to ask the charges against be dropped. Stewart faces five federal charges that carry possible prison time.
Time for a little "Coffey Talk" now. Live on the phone from Miami, our legal analyst, Kendall Coffey. The topic, of course, Martha Stewart.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, Carol. Good morning.
COSTELLO: This hearing is called a status conference. It's a time when lawyers set a schedule for filing motions and things like that. Why does Martha Stewart have to appear in person?
COFFEY: Well, it's a standard requirement when someone is released prior to trial. A lot of times, judges are pretty liberal about it. It's a discretionary thing with a judge, but some of them are sticklers. And if she is to be treated like everybody else, it's not surprising that a judge would expect her to be there, although it's certainly not the kind of photo-op that Martha Stewart would have been looking for.
COSTELLO: You know, you have to wonder if they'll sneak her into the courtroom, because I understand security is going to be very tight.
COFFEY: Security will be massive. They'll try to do it as quietly as possible, but there is going to be reporters and members of the public posted everywhere around the courthouse. It's going to be tough.
COSTELLO: OK, the actual trial is still months away, but tell us, what are the most important pretrial issues that attorneys will be dealing with?
COFFEY: Well, I think certainly the attorneys are going to file some motions, most of which will be routinely denied. But there could be something interesting on this securities fraud charge, where the government says in effect that by declaring her innocence through public statements, even in individual sessions with investors, that that constituted a form of securities fraud, unprecedented charge, and that may get some papers and motions and a ruling by the judge. COSTELLO: So, along -- well along similar lines, she has that Web site and she proclaims her innocence on the Web site, and she claims to have 55,000 supporters. Will that carry any positive weight?
COFFEY: Well, I think it's fascinating in the sense that she is trying to get her message out, not only to customers and investors, but also to potential members of the jury. And so far -- I mean, it's much too early to tell how it's going to play out. But while most people in New York, according to a recent poll, thinks she's guilty, that's to be expected. The United States of America has brought the charges. Forty-six percent, according to a recent poll, say she has suffered enough. And my sense is she is not doing badly with the PR, and only time will tell.
COSTELLO: Yes, with her stock price as well. That will be a good sign for us to know. Kendall Coffey, many thanks -- talking to us live on the phone from Miami this morning.
COFFEY: OK, thank you, Carol.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
