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Tough going in Martha Stewart jury selection

Transcript shows prospective jurors aware of case

Martha rushes past a flurry of reporters camped in front of the courthouse Wednesday morning.
Stewart rushes past a flurry of reporters camped in front of the courthouse Wednesday morning.

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CNN's Allan Chernoff says Martha Stewart entered a 'not guilty' plea before the judge introduced members of the jury pool. (January 21)
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Martha Stewart's day in court is approaching as jury selection nears completion.
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LEGAL DOCUMENTS
• Superseding indictment U.S. v. Stewart and Bacanovic  (FindLaw, PDF)external link
• Stewart's employment agreement Martha Stewart Living Omnimedia, Inc. and Martha Stewart  (FindLaw)external link
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NEW YORK (CNN) -- A federal judge forged ahead with the difficult task Wednesday of putting together a jury to hear charges against home decor expert Martha Stewart.

Stewart arrived for court Wednesday morning, shortly after co-defendant Peter Bacanovic, her former broker, entered the courthouse.

U.S. District Judge Miriam Goldman Cedarbaum, along with attorneys for the defense and government, began questioning prospective jurors regarding their ability to be fair and impartial in the high-profile case, according to people close to the situation.

The questioning has already hit a road bump, a transcript from the first day of the final phase shows, with at least the first two potential jurors having been fully aware of the case against Stewart. That knowledge can be a concern because it means the prospective jurors may have already formed opinions about the guilt or innocence of Stewart and Bacanovic.

The first possible juror, a identifying herself as a former corporate lawyer, said, "It's been impossible to totally not hear about the case. It has been everywhere."

When asked if she thought she could be impartial, she said, "Who knows in the back of your mind what has influenced you."

The original group of potential jurors has already been cut by 75 percent, after a larger pool was narrowed based on a stack of questionnaires filled out earlier at a Manhattan courthouse.

The judge told the remaining potential jurors Tuesday that the trial would likely begin next week, according to Herb Hadad, a member of the U.S. attorney's office.

Stewart, 62, is charged with crimes stemming from her sale of nearly 4,000 shares of ImClone Systems stock in 2001 a day before it tumbled on a negative government report about an experimental ImClone cancer drug.

The criminal charges against Stewart include conspiracy, obstruction of justice, two counts of false statements, and securities fraud. Bacanovic has been charged with conspiracy, false statements making and altering documents, and perjury.

A guilty conviction on all counts could mean a prison sentence of as much as 30 years for Stewart and 25 years for Bacanovic, the U.S. attorney's office said.

If Stewart is convicted on all counts, she'll probably face three to five years since full maximum sentences are rarely imposed, said Henry Mazurek, a lawyer with the firm Gerald Shargel in New York.

Cedarbaum has barred the media from covering the final phase of jury selection from inside the courthouse, issuing an order to keep reporters out.

But the U.S. Court of Appeals for the 2nd Circuit in New York granted an expedited appeal hearing on the order Tuesday, after a motion was filed by David Schultz, a lawyer representing 17 media organizations including CNN.

The media may know as early as Monday whether the order will be over turned to allow them in the courthouse. The court set a noon ET Thursday deadline for the government's brief, and a noon ET Friday deadline for the reply brief. The oral argument is set to take place at 9 a.m. ET Monday.


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