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American Morning
Martha Stewart's Back in Court Today
Aired January 21, 2004 - 07:20 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's back in court today face to face with those who may decide her guilt or innocence. The defense and prosecution continue the jury selection process. Stewart is accused of securities fraud, obstruction of justice and lying to federal investigators.
CNN's senior legal analyst Jeffrey Toobin in the courtroom yesterday.
Nice to see you.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Good morning.
HEMMER: How close did you get to the action?
TOOBIN: Oh, we were right there. You know, it's an historic courtroom.
HEMMER: Yes?
TOOBIN: All the big cases in Manhattan federal court, Courtroom 110. That's where every -- that's where all the big cases are.
HEMMER: It sounds dramatic, doesn't it?
TOOBIN: No, I'll tell you, it was just an extraordinary thing to see. I've been in that courtroom to watch mafia dons on trial, accused terrorists on trial, and in sitting at the defense table, where the blind sheikh was, where Fat Tony Salerno was, was Martha Stewart. And it was pretty bizarre to see her there.
HEMMER: It sounds like it took a little while for that image to settle in with you.
TOOBIN: Right. It's just extraordinary. I mean, you know, she is such a recognizable person and that setting is so associated with those of us who follow criminal law in New York, with the worst of the worst. It was just, it was quite a shock.
HEMMER: It was a very long day, right? It ended up at about 6:30 last night in lower Manhattan?
TOOBIN: It was. But virtually all of it took place in secret. This is so unusual to have the judge questioning the jurors in secret. This is what's usually done when they're afraid that the defendant is going to put a hit on the jurors. Now, that obviously is not the case here. They say they're Judge Cedarbaum says she's trying to protect the jurors from press scrutiny. But frankly it's, I think it's pretty outrageous.
HEMMER: You think it's over the line, actually?
TOOBIN: That's right.
HEMMER: You said it yesterday.
TOOBIN: And media lawyers have challenged it in court and the appeals court hearing has set -- they've set it for Monday, when jury selection will be over already. So this is the way it's going to be.
HEMMER: You have a bit of a grin on your face. I'm assuming that's sardonic.
TOOBIN: No, it is. I mean, you know, why -- how can you set a hearing for when jury selection will be over already? So obviously this is how jury selection is going to remain, in secret.
HEMMER: Take this entire day yesterday, I'm certain that you watched Martha Stewart throughout the day and everybody wants to know well, how was she? What was her demeanor like? Did she say much?
TOOBIN: She said almost nothing at all. You know, she looks not, surprisingly, she's not happy to be there. She's sort -- her shoulders are sagging. This is not the commanding presence that we're used to seeing. But that may help her. I mean she, in her recent press interviews, she's trying to portray herself much more as a victim, much more as a sort of sad figure, rather than the commanding figure we know. But she certainly looks quite diminished in that courtroom.
HEMMER: We don't have much time, but what were your -- what was your take on the jury pool that you came across yesterday?
TOOBIN: Fairly typical of the Southern District of New York, which is Manhattan, the Bronx and the northern suburbs. A little less upscale than I expected. We, at least in the group of about 150 we saw looked a little more blue collar. That's not the jury that Martha Stewart's lawyers say they want. They say they want a more educated jury. But, you know, how that sorts out will be, we'll know probably by Monday, Monday opening statements.
HEMMER: You're enjoying this, aren't you?
TOOBIN: This is going to be a great trial.
HEMMER: Talk to you later.
TOOBIN: OK.
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 21, 2004 - 07:20 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's back in court today face to face with those who may decide her guilt or innocence. The defense and prosecution continue the jury selection process. Stewart is accused of securities fraud, obstruction of justice and lying to federal investigators.
CNN's senior legal analyst Jeffrey Toobin in the courtroom yesterday.
Nice to see you.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Good morning.
HEMMER: How close did you get to the action?
TOOBIN: Oh, we were right there. You know, it's an historic courtroom.
HEMMER: Yes?
TOOBIN: All the big cases in Manhattan federal court, Courtroom 110. That's where every -- that's where all the big cases are.
HEMMER: It sounds dramatic, doesn't it?
TOOBIN: No, I'll tell you, it was just an extraordinary thing to see. I've been in that courtroom to watch mafia dons on trial, accused terrorists on trial, and in sitting at the defense table, where the blind sheikh was, where Fat Tony Salerno was, was Martha Stewart. And it was pretty bizarre to see her there.
HEMMER: It sounds like it took a little while for that image to settle in with you.
TOOBIN: Right. It's just extraordinary. I mean, you know, she is such a recognizable person and that setting is so associated with those of us who follow criminal law in New York, with the worst of the worst. It was just, it was quite a shock.
HEMMER: It was a very long day, right? It ended up at about 6:30 last night in lower Manhattan?
TOOBIN: It was. But virtually all of it took place in secret. This is so unusual to have the judge questioning the jurors in secret. This is what's usually done when they're afraid that the defendant is going to put a hit on the jurors. Now, that obviously is not the case here. They say they're Judge Cedarbaum says she's trying to protect the jurors from press scrutiny. But frankly it's, I think it's pretty outrageous.
HEMMER: You think it's over the line, actually?
TOOBIN: That's right.
HEMMER: You said it yesterday.
TOOBIN: And media lawyers have challenged it in court and the appeals court hearing has set -- they've set it for Monday, when jury selection will be over already. So this is the way it's going to be.
HEMMER: You have a bit of a grin on your face. I'm assuming that's sardonic.
TOOBIN: No, it is. I mean, you know, why -- how can you set a hearing for when jury selection will be over already? So obviously this is how jury selection is going to remain, in secret.
HEMMER: Take this entire day yesterday, I'm certain that you watched Martha Stewart throughout the day and everybody wants to know well, how was she? What was her demeanor like? Did she say much?
TOOBIN: She said almost nothing at all. You know, she looks not, surprisingly, she's not happy to be there. She's sort -- her shoulders are sagging. This is not the commanding presence that we're used to seeing. But that may help her. I mean she, in her recent press interviews, she's trying to portray herself much more as a victim, much more as a sort of sad figure, rather than the commanding figure we know. But she certainly looks quite diminished in that courtroom.
HEMMER: We don't have much time, but what were your -- what was your take on the jury pool that you came across yesterday?
TOOBIN: Fairly typical of the Southern District of New York, which is Manhattan, the Bronx and the northern suburbs. A little less upscale than I expected. We, at least in the group of about 150 we saw looked a little more blue collar. That's not the jury that Martha Stewart's lawyers say they want. They say they want a more educated jury. But, you know, how that sorts out will be, we'll know probably by Monday, Monday opening statements.
HEMMER: You're enjoying this, aren't you?
TOOBIN: This is going to be a great trial.
HEMMER: Talk to you later.
TOOBIN: OK.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
