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American Morning
Jury Selection Process Begins Today in Martha Stewart Case
Aired January 06, 2004 - 07:15 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.
BILL HEMMER, CNN ANCHOR: Today in New York City in a courtroom today the process of selecting jurors in the Martha Stewart case begins. She's accused of securities fraud, obstruction of justice and making false statements in connection with her sale of ImClone stock.
And Jeffrey Toobin, our senior legal analyst, is here to talk about it.
Nice to see you, "Mr. Senior."
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Hello.
HEMMER: The recipe for picking a jury, former prosecutor, what do you look for in a case like this?
TOOBIN: I think it's easier from the prosecution perspective. Prosecutors look for what they almost always look for, which are employed, stable, middle-class, maybe lower middle-class people, postal workers, Con Edison workers, utility workers -- people who have a stake in the system, uncomplicated lives, people who don't want to hear elaborate explanations and excuses.
HEMMER: That's true. In white collar crime and that's true in violent crime?
TOOBIN: It's true pretty much across the board. Those are pretty much true across the board.
HEMMER: So, if you are defending Martha Stewart, what are you looking for?
TOOBIN: That's a tougher question, because a lot of the usual rules might not apply here. She is such a polarizing figure. You can't say there is one race that favors her, or even one gender. Women are by far her major customers for Martha Stewart Living, for all of her products, but a lot of women can't stand her. So, I think it's a tough call.
I think the prosecutor is going to be looking for -- I'm sorry -- defense lawyers are going to be looking for more educated people, people who see the complexity of her situation, who think that she might be a victim. I think liberal Democrats will be more favorably disposed towards Martha Stewart.
HEMMER: Really?
TOOBIN: Yes, I think they'll be looking for that. HEMMER: I read a few things that you said yesterday -- black women will love her? Will believe her?
TOOBIN: That's just a hunch I have.
HEMMER: Why?
TOOBIN: You know, black women are often sympathetic to people they feel are victims of government misconduct -- government overreaching, police misconduct. I have a feeling that -- I think African-American women will admire the way Martha Stewart pulled herself up by her bootstraps and is now being pursued over a relatively obscure, minor, complicated case. But that's just a hunch. I don't have...
HEMMER: When it comes to white collar crime, when it comes to communicating to jurors, there are challenges there that you don't find in other normal cases, violent crimes and...
TOOBIN: And especially in a case like this one, because, you know a lot of times this case is referred to as the "insider trading case." She has not...
HEMMER: Which it isn't.
TOOBIN: Which it is not. She has been investigated for insider trading, but the government made a strategic decision not to charge her with insider trading in a criminal case. So, the defense will have the argument, here, you're accusing us of covering up a transaction that you concede is legal. Those concepts are hard to assimilate just at first. So, I think it's going to be difficult for the jurors to even understand what this case is about, much less decide guilt or innocence.
HEMMER: We've got a big checklist. Well go through it again in two hours, OK?
TOOBIN: January...
HEMMER: I've got more here.
TOOBIN: Yes, January 20, opening statements.
HEMMER: You got it. Thanks, Jeff. I enjoyed it.
TOOBIN: All right.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
Case>
Aired January 6, 2004 - 07:15 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Today in New York City in a courtroom today the process of selecting jurors in the Martha Stewart case begins. She's accused of securities fraud, obstruction of justice and making false statements in connection with her sale of ImClone stock.
And Jeffrey Toobin, our senior legal analyst, is here to talk about it.
Nice to see you, "Mr. Senior."
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Hello.
HEMMER: The recipe for picking a jury, former prosecutor, what do you look for in a case like this?
TOOBIN: I think it's easier from the prosecution perspective. Prosecutors look for what they almost always look for, which are employed, stable, middle-class, maybe lower middle-class people, postal workers, Con Edison workers, utility workers -- people who have a stake in the system, uncomplicated lives, people who don't want to hear elaborate explanations and excuses.
HEMMER: That's true. In white collar crime and that's true in violent crime?
TOOBIN: It's true pretty much across the board. Those are pretty much true across the board.
HEMMER: So, if you are defending Martha Stewart, what are you looking for?
TOOBIN: That's a tougher question, because a lot of the usual rules might not apply here. She is such a polarizing figure. You can't say there is one race that favors her, or even one gender. Women are by far her major customers for Martha Stewart Living, for all of her products, but a lot of women can't stand her. So, I think it's a tough call.
I think the prosecutor is going to be looking for -- I'm sorry -- defense lawyers are going to be looking for more educated people, people who see the complexity of her situation, who think that she might be a victim. I think liberal Democrats will be more favorably disposed towards Martha Stewart.
HEMMER: Really?
TOOBIN: Yes, I think they'll be looking for that. HEMMER: I read a few things that you said yesterday -- black women will love her? Will believe her?
TOOBIN: That's just a hunch I have.
HEMMER: Why?
TOOBIN: You know, black women are often sympathetic to people they feel are victims of government misconduct -- government overreaching, police misconduct. I have a feeling that -- I think African-American women will admire the way Martha Stewart pulled herself up by her bootstraps and is now being pursued over a relatively obscure, minor, complicated case. But that's just a hunch. I don't have...
HEMMER: When it comes to white collar crime, when it comes to communicating to jurors, there are challenges there that you don't find in other normal cases, violent crimes and...
TOOBIN: And especially in a case like this one, because, you know a lot of times this case is referred to as the "insider trading case." She has not...
HEMMER: Which it isn't.
TOOBIN: Which it is not. She has been investigated for insider trading, but the government made a strategic decision not to charge her with insider trading in a criminal case. So, the defense will have the argument, here, you're accusing us of covering up a transaction that you concede is legal. Those concepts are hard to assimilate just at first. So, I think it's going to be difficult for the jurors to even understand what this case is about, much less decide guilt or innocence.
HEMMER: We've got a big checklist. Well go through it again in two hours, OK?
TOOBIN: January...
HEMMER: I've got more here.
TOOBIN: Yes, January 20, opening statements.
HEMMER: You got it. Thanks, Jeff. I enjoyed it.
TOOBIN: All right.
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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