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CNN Live At Daybreak
Coffey Talk: Martha Stewart Trial
Aired February 18, 2004 - 06:44 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: Let's get back, just a bit, to the trial of Martha Stewart. Just how is it looking from a legal standpoint? Well, we've got just the person to answer that question.
Time for 'Coffey Talk' right now. Our legal analyst Kendall Coffey joining us live from Miami.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning -- Carol.
COSTELLO: So what about the judge's ruling regarding those telephone records?
COFFEY: Well good news for Martha Stewart. The prosecution had been arguing that timing is everything with respect to record -- some phone calls between Martha Stewart and Peter Bacanovic. Judge says timing isn't all that much if you don't know what was actually said. And because conspiracy theory usually requires a whole lot of circumstantial evidence theory, going to make it tougher for prosecutors, not by any means fatal, but it's going to be just that much more difficult for them to connect the dots.
COSTELLO: Douglas Faneuil, the broker's assistance who testified, his friends will be allowed to testify. What are they expected to say?
COFFEY: Well what they are going to address is the contention of the defense, basically Faneuil fabricated much of what he said because he made a deal with the prosecutors. But once he started getting into bed with the prosecutors, he started reading from the script. And what the judge has said consistently with the rules of evidence is that because Faneuil may have said, in his own words, some of the same things that he later said to prosecutors to his own friends, that that evidence will be allowed, in effect, to corroborate and support Faneuil in light of the later attacks on the credibility of his testimony.
COSTELLO: OK, let me ask you a tough question, how is it looking for Martha Stewart so far?
COFFEY: It's looking like she is going to need to take the stand. The government's case, by and well, despite some recent evidentiary setbacks, has gone well for them.
COSTELLO: So you think she will take the stand? COFFEY: I think she probably will. And it's not going to be an attack, attack, they are all lying, they are all out to get me kind of testimony. I think what we would see is a kinder, gentler Martha Stewart who says look, I can be abrupt, I can be difficult. I don't always really explain things as well as I should, but here is what I really meant in some of the critical conversations, not that everybody else was a liar, but maybe not clearly explained and maybe a failure to communicate.
COSTELLO: Well that should be a circus day in court if she does indeed take the stand.
COFFEY: That will be quite a day.
COSTELLO: All right. Kendall Coffey live from Miami.
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 February 18, 2004 - 06:44 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Let's get back, just a bit, to the trial of Martha Stewart. Just how is it looking from a legal standpoint? Well, we've got just the person to answer that question.
Time for 'Coffey Talk' right now. Our legal analyst Kendall Coffey joining us live from Miami.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning -- Carol.
COSTELLO: So what about the judge's ruling regarding those telephone records?
COFFEY: Well good news for Martha Stewart. The prosecution had been arguing that timing is everything with respect to record -- some phone calls between Martha Stewart and Peter Bacanovic. Judge says timing isn't all that much if you don't know what was actually said. And because conspiracy theory usually requires a whole lot of circumstantial evidence theory, going to make it tougher for prosecutors, not by any means fatal, but it's going to be just that much more difficult for them to connect the dots.
COSTELLO: Douglas Faneuil, the broker's assistance who testified, his friends will be allowed to testify. What are they expected to say?
COFFEY: Well what they are going to address is the contention of the defense, basically Faneuil fabricated much of what he said because he made a deal with the prosecutors. But once he started getting into bed with the prosecutors, he started reading from the script. And what the judge has said consistently with the rules of evidence is that because Faneuil may have said, in his own words, some of the same things that he later said to prosecutors to his own friends, that that evidence will be allowed, in effect, to corroborate and support Faneuil in light of the later attacks on the credibility of his testimony.
COSTELLO: OK, let me ask you a tough question, how is it looking for Martha Stewart so far?
COFFEY: It's looking like she is going to need to take the stand. The government's case, by and well, despite some recent evidentiary setbacks, has gone well for them.
COSTELLO: So you think she will take the stand? COFFEY: I think she probably will. And it's not going to be an attack, attack, they are all lying, they are all out to get me kind of testimony. I think what we would see is a kinder, gentler Martha Stewart who says look, I can be abrupt, I can be difficult. I don't always really explain things as well as I should, but here is what I really meant in some of the critical conversations, not that everybody else was a liar, but maybe not clearly explained and maybe a failure to communicate.
COSTELLO: Well that should be a circus day in court if she does indeed take the stand.
COFFEY: That will be quite a day.
COSTELLO: All right. Kendall Coffey live from Miami.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
