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American Morning
Martha Stewart Case
Aired February 25, 2004 - 09:09 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: Let's go to Martha Stewart's case right now. Today Martha Stewart's defense could begin and end all without Stewart herself ever taking the stand.
Jeff Toobin, our senior legal analyst, outside the courthouse in lower Manhattan. Jeff, I know Martha Stewart showed up a few short minutes ago. Some videotape to share with our viewers at home.
Just to be clear on this, she will not take the stand and testify in her own defense, is that right?
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Neither defendant, Peter Bacanovic, nor Martha Stewart, will take the stand. Very little testimony remaining in this case. Jury instructions, a conference with the lawyers about jury instructions, and summations could begin tomorrow or Monday.
HEMMER: Jeff, you've been in the courtroom since this case began. Based on the testimony you have heard, would you want her on the stand?
TOOBIN: No, I think her lawyers made the right decision. This case, though it only involves a single stock trade, is so complicated, there are so many different aspects of it, she would have to address all of them in a way that was both consistent with her prior statements and consistent with any statement she would make on direct examination and cross-examination. I think it would be a mistake for her to take the stand. I think her lawyers made the right decision.
HEMMER: You mentioned the codefendant lawyer, Peter Bacanovic. For the sake of this discussion, we'll keep it just on Martha Stewart, it's my understanding only one witness will be called on her behalf, is that accurate?
TOOBIN: That's right. The only witness will be, and actually a very minor witness, a lawyer who was present at the interview that she gave to the FBI. He will dispute some of the things that the FBI agent said that Stewart said at the hearing. Remember, there's no transcript, there's no tape recording. So one of the best arguments for the defense in this case is it's unclear what Martha Stewart said, so how can you convict her of a crime of lying?
HEMMER: So then go between the legal lines and read for a moment here,what does it say about the defense case, and how it feels about its case, if only one person takes the stand in Martha Stewart's defense? TOOBIN: Well, the defense would have you believe that it reflects great confidence, that there's no need to refute the case. I think, in fact, in most cases, there is very little of a defense case. Usually, the prosecution, the defense puts in its case through cross- examination and prosecution witnesses, so in that respect, this case has really been fairly routine.
HEMMER: All right, we're going to unplug your microphone down there and let you run inside the court. Jeff, thanks, we'll Talk to you tomorrow. Jeff Toobin in lower Manhattan.
TOOBIN: OK, see you.
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 25, 2004 - 09:09 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Let's go to Martha Stewart's case right now. Today Martha Stewart's defense could begin and end all without Stewart herself ever taking the stand.
Jeff Toobin, our senior legal analyst, outside the courthouse in lower Manhattan. Jeff, I know Martha Stewart showed up a few short minutes ago. Some videotape to share with our viewers at home.
Just to be clear on this, she will not take the stand and testify in her own defense, is that right?
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Neither defendant, Peter Bacanovic, nor Martha Stewart, will take the stand. Very little testimony remaining in this case. Jury instructions, a conference with the lawyers about jury instructions, and summations could begin tomorrow or Monday.
HEMMER: Jeff, you've been in the courtroom since this case began. Based on the testimony you have heard, would you want her on the stand?
TOOBIN: No, I think her lawyers made the right decision. This case, though it only involves a single stock trade, is so complicated, there are so many different aspects of it, she would have to address all of them in a way that was both consistent with her prior statements and consistent with any statement she would make on direct examination and cross-examination. I think it would be a mistake for her to take the stand. I think her lawyers made the right decision.
HEMMER: You mentioned the codefendant lawyer, Peter Bacanovic. For the sake of this discussion, we'll keep it just on Martha Stewart, it's my understanding only one witness will be called on her behalf, is that accurate?
TOOBIN: That's right. The only witness will be, and actually a very minor witness, a lawyer who was present at the interview that she gave to the FBI. He will dispute some of the things that the FBI agent said that Stewart said at the hearing. Remember, there's no transcript, there's no tape recording. So one of the best arguments for the defense in this case is it's unclear what Martha Stewart said, so how can you convict her of a crime of lying?
HEMMER: So then go between the legal lines and read for a moment here,what does it say about the defense case, and how it feels about its case, if only one person takes the stand in Martha Stewart's defense? TOOBIN: Well, the defense would have you believe that it reflects great confidence, that there's no need to refute the case. I think, in fact, in most cases, there is very little of a defense case. Usually, the prosecution, the defense puts in its case through cross- examination and prosecution witnesses, so in that respect, this case has really been fairly routine.
HEMMER: All right, we're going to unplug your microphone down there and let you run inside the court. Jeff, thanks, we'll Talk to you tomorrow. Jeff Toobin in lower Manhattan.
TOOBIN: OK, see you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
