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CNN Saturday Morning News
Interview with Lida Rodrieguez-Taseff, Nelda Blair
Aired January 31, 2004 - 08:15 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.
HEIDI COLLINS, CNN ANCHOR: Let's go ahead and see now what's on the docket for our legal eagles this weekend. It's already a bumpy legal road in the Martha Stewart trial. We're going to talk about that this morning with the gals that we always talk about it with.
Lida Rodriguez-Taseff is joining us. Lida, thanks so much for being with us this morning. And, also, in Houston, former Texas prosecutor Nelda Blair. Thanks once again, and as always, ladies, for being with us this morning.
LIDA RODRIGUEZ-TASEFF, CIVIL RIGHTS ATTORNEY: Good morning.
COLLINS: We're just going to talk about Martha this morning.
Obviously, a lot going on here. Why don't I let you guys break down what we saw happen this week.
Lida, go ahead and tell me what your take is on things.
RODRIGUEZ-TASEFF: At a minimum, prosecutorial stupidity; at a maximum, prosecutorial misconduct. The prosecution failed to disclose a key document to the defense on their star witness, Mr. Fanueil. They disclosed it at 10:00 p.m. Wednesday. He was to testify Thursday morning. And the defense just went bonkers.
NELDA BLAIR, FORMER PROSECUTOR: Well, they got a week off. They get a whole week to review a document or a set of documents. There is no problem here. In fact, the defense, you're right, went bonkers, actually asked the judge for a mistrial. The judge said no, look, it's some papers from the witness' former attorney, which, by the way, the prosecution had a right to try to keep away from the defense, it was attorney-client privilege.
But the judge said yes, you can see it. They've got a week to look at it. It's not a big problem for the defense.
COLLINS: OK, just...
RODRIGUEZ-TASEFF: Oh...
COLLINS: Just to remind everybody, I wanted to quickly let them know exactly what it is we're talking about here. Obviously, the judge delayed the testimony -- this happened Thursday -- by the government's star witness, putting the trial on hold amid a dispute over this key document in the case.
Let me just ask you, Nelda, because you were a prosecutor, it seems like -- and we all know the names of these prosecutors -- very talented and good reputations here, good prosecutors, if you will.
How does something like this happen? How does it get overlooked?
BLAIR: Well, it's not so much that it was overlooked. I'm sure that they didn't want the defense to see it and thought they had a legal argument to keep the defense from seeing these papers. But whether or not, however it happened, what makes a difference is it does slow down the prosecution's case. They had some momentum going.
You know, the first couple of witnesses have kind of been dry, one from ImClone and one from Merrill Lynch, haven't been real exciting.
And this case is completely dependent on witnesses and who the jury believes. It is a circumstantial case. There's going to be no smoking gun.
So it does slow their case down. I'm sure that they are hoping to get momentum back.
RODRIGUEZ-TASEFF: But, Nelda, it's more than slow their case down. This is the prosecution's star witness. This is supposed to be Peter Bacanovic's assistant...
BLAIR: Right.
RODRIGUEZ-TASEFF: ... who was supposed to have gotten the order, either from Bacanovic or Waksal, to tell Martha Stewart to go ahead and sell her stock. Now, this is not some minor insignificant witness and his testimony is crucial. Now, does it...
BLAIR: Oh, I agree.
RODRIGUEZ-TASEFF: ... does it help Martha -- and that's the other crucial question, Nelda -- does it help Martha? His testimony probably won't help Martha. But it certainly helps Peter. But you know what helps Martha is the delay. The fact that the prosecution doesn't get to put on its star witness when it wanted but now has to wait another week.
BLAIR: I agree. It slows things down. But that's all it does. The jury is still going to hear this witness. The jury is still going to hear, by the way, both of his stories. And it depends on which story they believe as to how this case goes.
COLLINS: Ladies, before we let you go, let me ask you quickly, you know, we talk about these technicalities. This is the second one, in fact, and we may see more in this case before it's over.
You think people are sick of this, sick of hearing about this? Because, you know, as we talk about cases like Enron and so forth, this one doesn't really seem to affect that many people.
You think people are interested in the legal process here or is it just because it's Martha Stewart.
BLAIR: It's because of Martha Stewart, absolutely.
RODRIGUEZ-TASEFF: I agree with that completely.
BLAIR: Yes. The case itself...
RODRIGUEZ-TASEFF: This is a boring case otherwise.
BLAIR: The case itself, you know, as I said, there is no smoking gun. There's not going to be any kind of physical evidence. It's a who do you believe kind of case. Do you believe Martha? Do you believe the prosecution? Do you think the witnesses are lying or not? It's really cut and dried. But it's very, very important to the public because a lot of people hold Martha either in a high esteem or a high disdain, one or the other.
COLLINS: Lida, quickly, the last word.
RODRIGUEZ-TASEFF: Well, you know, one of the things that you'll see over the next week or so -- and Nelda doesn't want to tell you this -- is that this is a big repercussions on the prosecution. And what Nelda doesn't really want you to know is that the prosecution took a gigantic blow here and as a result they might actually lose this case.
COLLINS: Of course...
BLAIR: No, I don't think so.
COLLINS: Well, we will see how it all pans out.
Ladies, once again, thanks so much for your time this morning.
From Miami, Lida Rodriguez-Taseff, and from Houston, Nelda Blair.
Thanks again, you guys.
BLAIR: Home of tomorrow's Super Bowl, by the way.
COLLINS: That's right. Good for you. Thank goddness it's indoors, huh?
All right, thanks, guys.
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 31, 2004 - 08:15 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: Let's go ahead and see now what's on the docket for our legal eagles this weekend. It's already a bumpy legal road in the Martha Stewart trial. We're going to talk about that this morning with the gals that we always talk about it with.
Lida Rodriguez-Taseff is joining us. Lida, thanks so much for being with us this morning. And, also, in Houston, former Texas prosecutor Nelda Blair. Thanks once again, and as always, ladies, for being with us this morning.
LIDA RODRIGUEZ-TASEFF, CIVIL RIGHTS ATTORNEY: Good morning.
COLLINS: We're just going to talk about Martha this morning.
Obviously, a lot going on here. Why don't I let you guys break down what we saw happen this week.
Lida, go ahead and tell me what your take is on things.
RODRIGUEZ-TASEFF: At a minimum, prosecutorial stupidity; at a maximum, prosecutorial misconduct. The prosecution failed to disclose a key document to the defense on their star witness, Mr. Fanueil. They disclosed it at 10:00 p.m. Wednesday. He was to testify Thursday morning. And the defense just went bonkers.
NELDA BLAIR, FORMER PROSECUTOR: Well, they got a week off. They get a whole week to review a document or a set of documents. There is no problem here. In fact, the defense, you're right, went bonkers, actually asked the judge for a mistrial. The judge said no, look, it's some papers from the witness' former attorney, which, by the way, the prosecution had a right to try to keep away from the defense, it was attorney-client privilege.
But the judge said yes, you can see it. They've got a week to look at it. It's not a big problem for the defense.
COLLINS: OK, just...
RODRIGUEZ-TASEFF: Oh...
COLLINS: Just to remind everybody, I wanted to quickly let them know exactly what it is we're talking about here. Obviously, the judge delayed the testimony -- this happened Thursday -- by the government's star witness, putting the trial on hold amid a dispute over this key document in the case.
Let me just ask you, Nelda, because you were a prosecutor, it seems like -- and we all know the names of these prosecutors -- very talented and good reputations here, good prosecutors, if you will.
How does something like this happen? How does it get overlooked?
BLAIR: Well, it's not so much that it was overlooked. I'm sure that they didn't want the defense to see it and thought they had a legal argument to keep the defense from seeing these papers. But whether or not, however it happened, what makes a difference is it does slow down the prosecution's case. They had some momentum going.
You know, the first couple of witnesses have kind of been dry, one from ImClone and one from Merrill Lynch, haven't been real exciting.
And this case is completely dependent on witnesses and who the jury believes. It is a circumstantial case. There's going to be no smoking gun.
So it does slow their case down. I'm sure that they are hoping to get momentum back.
RODRIGUEZ-TASEFF: But, Nelda, it's more than slow their case down. This is the prosecution's star witness. This is supposed to be Peter Bacanovic's assistant...
BLAIR: Right.
RODRIGUEZ-TASEFF: ... who was supposed to have gotten the order, either from Bacanovic or Waksal, to tell Martha Stewart to go ahead and sell her stock. Now, this is not some minor insignificant witness and his testimony is crucial. Now, does it...
BLAIR: Oh, I agree.
RODRIGUEZ-TASEFF: ... does it help Martha -- and that's the other crucial question, Nelda -- does it help Martha? His testimony probably won't help Martha. But it certainly helps Peter. But you know what helps Martha is the delay. The fact that the prosecution doesn't get to put on its star witness when it wanted but now has to wait another week.
BLAIR: I agree. It slows things down. But that's all it does. The jury is still going to hear this witness. The jury is still going to hear, by the way, both of his stories. And it depends on which story they believe as to how this case goes.
COLLINS: Ladies, before we let you go, let me ask you quickly, you know, we talk about these technicalities. This is the second one, in fact, and we may see more in this case before it's over.
You think people are sick of this, sick of hearing about this? Because, you know, as we talk about cases like Enron and so forth, this one doesn't really seem to affect that many people.
You think people are interested in the legal process here or is it just because it's Martha Stewart.
BLAIR: It's because of Martha Stewart, absolutely.
RODRIGUEZ-TASEFF: I agree with that completely.
BLAIR: Yes. The case itself...
RODRIGUEZ-TASEFF: This is a boring case otherwise.
BLAIR: The case itself, you know, as I said, there is no smoking gun. There's not going to be any kind of physical evidence. It's a who do you believe kind of case. Do you believe Martha? Do you believe the prosecution? Do you think the witnesses are lying or not? It's really cut and dried. But it's very, very important to the public because a lot of people hold Martha either in a high esteem or a high disdain, one or the other.
COLLINS: Lida, quickly, the last word.
RODRIGUEZ-TASEFF: Well, you know, one of the things that you'll see over the next week or so -- and Nelda doesn't want to tell you this -- is that this is a big repercussions on the prosecution. And what Nelda doesn't really want you to know is that the prosecution took a gigantic blow here and as a result they might actually lose this case.
COLLINS: Of course...
BLAIR: No, I don't think so.
COLLINS: Well, we will see how it all pans out.
Ladies, once again, thanks so much for your time this morning.
From Miami, Lida Rodriguez-Taseff, and from Houston, Nelda Blair.
Thanks again, you guys.
BLAIR: Home of tomorrow's Super Bowl, by the way.
COLLINS: That's right. Good for you. Thank goddness it's indoors, huh?
All right, thanks, guys.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
