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American Morning
Jury Selection in Stewart Trial to Begin Today
Aired January 20, 2004 - 08:13 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: Martha Stewart comes face to face with potential jurors later today. Jury selection starts in that case. She's accused of securities fraud, obstruction of justice and making false statements, all in connection with her sale of ImClone stock about two years ago.
What kind of jurors are the prosecution and defense hoping to seat?
A good question for Jeffrey Toobin, outside this morning, downtown minority, outside the federal courthouse in lower Manhattan -- nice to see you, Jeff.
Hope you're staying warm out there.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi.
Oh, I'm trying, Bill.
Hi.
HEMMER: What do you make of this "New York Times" story this morning that says the legal team has been in focus groups at the end of last year? Does that strike you as unusual or not?
TOOBIN: No. Well, if for, with defendants who have a lot of money, focus groups are usually money well spent. And, you know, defense sources have told me that the results of those focus groups show that they want a well educated jury. They want people who are relatively savvy in the ways of finance and what the stock market is, how it works. They think the better the educated jury, the better luck it'll be for the defense. That's what they say the focus groups show.
HEMMER: Also, there's an article today in the "Washington Post" indicating there was a poll done recently that says there is a perception of guilt on behalf of Martha Stewart for those who were surveyed or polled, anyway.
If you're a defense attorney for Martha Stewart, does that concern you?
TOOBIN: It sure does. And, you know, after all most people who go to trial are ultimately convicted. And I think people know that. And that's why it's just so rough to be a defendant. You are starting with a legal presumption of innocence, but a real world presumption of guilt. And I think that poll reflects it and I think the real world reflects it. They don't pick people out of the phone book to arrest and try. And that's why it's really tough to be a criminal defendant.
HEMMER: One thing that will happen inside that courthouse behind you today is that the judge will actually sit inside of his chambers, we're told, and question jurors individually.
How common or not is that?
TOOBIN: It's very uncommon, actually. Judge Cedarbaum has, is treating this almost like a mafia trial or a terrorism trial where the jurors have to be protected from all public scrutiny. That is really not normally done in a white collar case. She says, Judge Cedarbaum says that she wants to protect jurors from any sort of scrutiny, wants them to be as candid as possible.
But I was very surprised to see jury selection be -- take place behind closed doors. But that's the way it's going to be, so this frosty sidewalk is about as close as I'm going to get to the action today.
HEMMER: Well, listen, do you think it's overly protective, Jeff?
TOOBIN: I do, actually. I think it's an unnecessary restriction. Jury selection is the time when real trial lawyers often say that's when cases are often won or lost. I think if it's a public trial, the public should see it. But the judge has the last word on that and certainly the opening statements, which should be later this week, they will, of course, be public, and I can't wait to see them.
HEMMER: Yes, listen, let me remind you what you told me about a week ago. You say, and quote now, "Jury selection is the most difficult, but also the most intriguing part of being a trial lawyer. You never really know what you're getting."
It sounds a little bit like a caucus goer, huh?
TOOBIN: It really does. And as we know from Iowa yesterday, predictions in trials, as in elections, don't always work out the way the so-called experts say.
HEMMER: Stay away from that.
Got it.
Thanks, Jeff.
Talk to you later.
Jeff Toobin from lower Manhattan.
TOOBIN: OK, see you later.
HEMMER: Thanks.
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 January 20, 2004 - 08:13 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Martha Stewart comes face to face with potential jurors later today. Jury selection starts in that case. She's accused of securities fraud, obstruction of justice and making false statements, all in connection with her sale of ImClone stock about two years ago.
What kind of jurors are the prosecution and defense hoping to seat?
A good question for Jeffrey Toobin, outside this morning, downtown minority, outside the federal courthouse in lower Manhattan -- nice to see you, Jeff.
Hope you're staying warm out there.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi.
Oh, I'm trying, Bill.
Hi.
HEMMER: What do you make of this "New York Times" story this morning that says the legal team has been in focus groups at the end of last year? Does that strike you as unusual or not?
TOOBIN: No. Well, if for, with defendants who have a lot of money, focus groups are usually money well spent. And, you know, defense sources have told me that the results of those focus groups show that they want a well educated jury. They want people who are relatively savvy in the ways of finance and what the stock market is, how it works. They think the better the educated jury, the better luck it'll be for the defense. That's what they say the focus groups show.
HEMMER: Also, there's an article today in the "Washington Post" indicating there was a poll done recently that says there is a perception of guilt on behalf of Martha Stewart for those who were surveyed or polled, anyway.
If you're a defense attorney for Martha Stewart, does that concern you?
TOOBIN: It sure does. And, you know, after all most people who go to trial are ultimately convicted. And I think people know that. And that's why it's just so rough to be a defendant. You are starting with a legal presumption of innocence, but a real world presumption of guilt. And I think that poll reflects it and I think the real world reflects it. They don't pick people out of the phone book to arrest and try. And that's why it's really tough to be a criminal defendant.
HEMMER: One thing that will happen inside that courthouse behind you today is that the judge will actually sit inside of his chambers, we're told, and question jurors individually.
How common or not is that?
TOOBIN: It's very uncommon, actually. Judge Cedarbaum has, is treating this almost like a mafia trial or a terrorism trial where the jurors have to be protected from all public scrutiny. That is really not normally done in a white collar case. She says, Judge Cedarbaum says that she wants to protect jurors from any sort of scrutiny, wants them to be as candid as possible.
But I was very surprised to see jury selection be -- take place behind closed doors. But that's the way it's going to be, so this frosty sidewalk is about as close as I'm going to get to the action today.
HEMMER: Well, listen, do you think it's overly protective, Jeff?
TOOBIN: I do, actually. I think it's an unnecessary restriction. Jury selection is the time when real trial lawyers often say that's when cases are often won or lost. I think if it's a public trial, the public should see it. But the judge has the last word on that and certainly the opening statements, which should be later this week, they will, of course, be public, and I can't wait to see them.
HEMMER: Yes, listen, let me remind you what you told me about a week ago. You say, and quote now, "Jury selection is the most difficult, but also the most intriguing part of being a trial lawyer. You never really know what you're getting."
It sounds a little bit like a caucus goer, huh?
TOOBIN: It really does. And as we know from Iowa yesterday, predictions in trials, as in elections, don't always work out the way the so-called experts say.
HEMMER: Stay away from that.
Got it.
Thanks, Jeff.
Talk to you later.
Jeff Toobin from lower Manhattan.
TOOBIN: OK, see you later.
HEMMER: Thanks.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
