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Opening Statements Scheduled to Begin in Martha Stewart's Trial

Aired January 27, 2004 - 06:53   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.


FREDRICKA WHITFIELD, CNN ANCHOR: Opening statements are scheduled to begin in Martha Stewart's trial just over three hours from now.
Our legal analyst, Kendall Coffey, joins us from Miami with some perspective.

All right, good to see you -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Well, good morning, Fredricka.

WHITFIELD: Eight women, four men, is this a jury that in some part may be favorable to Martha Stewart?

COFFEY: Well, I think whatever may be Martha Stewart's recipe for acquittal, that there's just been a pinch of good news seasoning with the selection of this jury. Her perfect juror is going to be a woman in the working world who's had to swim upstream in male infested waters. Eight women jurors, a number of them working women, pretty good news overall for Martha Stewart's defense team.

WHITFIELD: Now, this whole proceeding is beginning with the judges making -- setting some ground rules which really just kind of take a stab at some of the defense tactics, doesn't it?

COFFEY: Well, yes and no. I say yes because certainly the judge is limiting their ability to come out and say hey, why is Martha being prosecuted and we haven't had any charges against the CEOs of Enron and welcome. On the other hand, Fredricka, that's fairly typical. If you're pulled over for speeding, you can't tell the officer that someone else was driving 10 miles an hour faster.

WHITFIELD: Now, among those to testify, which could be pretty critical for the prosecution, an assistant to Peter Bacanovic, who is also up for these conspiracy charges.

You know, why is this such a critical potential witness?

COFFEY: Well, this is critical because this is a cooperator who is going to directly contradict Martha Stewart. He's going to say that in the same conversation when she said she wasn't told anything at all about the Waksal trades and instead it was strictly this $60 stop loss order, Fanueil is going to say not so. And if the jury believes Fanueil, she's going to get convicted. So it's going to be critical for the defense to try to tear him apart, show that he's a lying rat who's willing to sell out his boss and his former client in order to get a tap on the wrists deal from the federal authorities.

WHITFIELD: Now, the seated jury will, for the first time, get its first real look as opening statements begin of Martha Stewart.

How important is it that her demeanor, that her style really be looked at before she even enters that courtroom?

COFFEY: They will be watching her the whole time. And she's in a position where she can't sort of turn herself overnight into somebody who shops at Kmart. She's got to travel successfully in what she is, a symbol of elegance. And one of the things that happens, yes, they're listening to the witnesses, yes, of course they're listening to the judges. But during the course of the trial, a jury keeps looking over at the defense to decide does he or she look guilty. And, of course, if she takes the stand, then everything will center on that and this could become, in effect, a one witness trial -- does the jury or doesn't the jury believe Martha Stewart in her own testimony?

WHITFIELD: Kendall Coffey in Miami, thanks a lot.

COFFEY: Thanks, Fredricka.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




Trial>


Aired January 27, 2004 - 06:53   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: Opening statements are scheduled to begin in Martha Stewart's trial just over three hours from now.
Our legal analyst, Kendall Coffey, joins us from Miami with some perspective.

All right, good to see you -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Well, good morning, Fredricka.

WHITFIELD: Eight women, four men, is this a jury that in some part may be favorable to Martha Stewart?

COFFEY: Well, I think whatever may be Martha Stewart's recipe for acquittal, that there's just been a pinch of good news seasoning with the selection of this jury. Her perfect juror is going to be a woman in the working world who's had to swim upstream in male infested waters. Eight women jurors, a number of them working women, pretty good news overall for Martha Stewart's defense team.

WHITFIELD: Now, this whole proceeding is beginning with the judges making -- setting some ground rules which really just kind of take a stab at some of the defense tactics, doesn't it?

COFFEY: Well, yes and no. I say yes because certainly the judge is limiting their ability to come out and say hey, why is Martha being prosecuted and we haven't had any charges against the CEOs of Enron and welcome. On the other hand, Fredricka, that's fairly typical. If you're pulled over for speeding, you can't tell the officer that someone else was driving 10 miles an hour faster.

WHITFIELD: Now, among those to testify, which could be pretty critical for the prosecution, an assistant to Peter Bacanovic, who is also up for these conspiracy charges.

You know, why is this such a critical potential witness?

COFFEY: Well, this is critical because this is a cooperator who is going to directly contradict Martha Stewart. He's going to say that in the same conversation when she said she wasn't told anything at all about the Waksal trades and instead it was strictly this $60 stop loss order, Fanueil is going to say not so. And if the jury believes Fanueil, she's going to get convicted. So it's going to be critical for the defense to try to tear him apart, show that he's a lying rat who's willing to sell out his boss and his former client in order to get a tap on the wrists deal from the federal authorities.

WHITFIELD: Now, the seated jury will, for the first time, get its first real look as opening statements begin of Martha Stewart.

How important is it that her demeanor, that her style really be looked at before she even enters that courtroom?

COFFEY: They will be watching her the whole time. And she's in a position where she can't sort of turn herself overnight into somebody who shops at Kmart. She's got to travel successfully in what she is, a symbol of elegance. And one of the things that happens, yes, they're listening to the witnesses, yes, of course they're listening to the judges. But during the course of the trial, a jury keeps looking over at the defense to decide does he or she look guilty. And, of course, if she takes the stand, then everything will center on that and this could become, in effect, a one witness trial -- does the jury or doesn't the jury believe Martha Stewart in her own testimony?

WHITFIELD: Kendall Coffey in Miami, thanks a lot.

COFFEY: Thanks, Fredricka.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




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