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Experts see Stewart bid for new trial as long shot


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Stewart is scheduled for sentencing in June.

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NEW YORK (CNN/Money) -- Experts say Martha Stewart's attempt to get a new trial because of a juror's alleged misconduct is a long shot.

Martha Stewart's attorney Robert Morvillo requested a new trial Wednesday, saying that one juror lied on the jury selection questionnaire and made public statements after Stewart's conviction. Those statements, Morvillo said in court papers, showed juror Chappell Hartridge's bias against the upper class.

While this type of appeal has precedent, "they have to do with jury tampering, where one side or another has actually gone and reached a juror," CNN legal analyst Jeffery Toobin said on CNN's "American Morning" news show..

"But this is pretty unusual. And I think it's a long shot for the defense," Toobin continued. "But it's very appropriate that [the defense] raised it, and the judge, I'm sure, is going to take it seriously."

The motion papers, filed in Manhattan federal court, said Hartridge's comments to reporters "are glaring proof" of the juror's state of mind and that Stewart had been cheated of a fair trial.

Hartridge spoke to reporters immediately after the jury convicted Stewart of lying to investigators over a suspicious stock sale.

"Hartridge's characterization of the verdict immediately after he was released from jury duty as 'maybe ... a victory for the little guys who lose money in the market because of these kinds of transactions' evidences a clear class bias on his part," the papers said.

But Morvillo's pleas stand little chance of success, according to securities attorneys.

"They need to show that there was improper conduct on part of this juror that influenced the other jurors," said Tom Dewey, securities attorney with New York-based Dewey Pegno and Kramarsky. "And I don't see that."

Stewart's lawyers said the fact that Hartridge sought compensation from the media for post-trial interviews shows he wanted to make money from his jury experience.

They described Hartridge as "a man with a checkered history, who deliberately concealed his prior experiences with the legal system so that he could empower the 'little man' and profit from the process."

A key part of the argument for a new trial rests on allegations that Hartridge made significant omissions when he answered a questionnaire used to select the panel. In particular, Stewart's lawyers said he failed to admit that he had been arrested for assault on a woman with whom he was living and that he had been sued on at least three occasions.

Hartridge, who lives in the Bronx, was a member of the panel composed of eight women and four men who returned their verdict on the third day of deliberations.

He could not be reached for comment, but "he may be looking at criminal charges for lying under oath," said CNN's Toobin. "I mean, this... was under oath. And if he flat out lied, I wouldn't be surprised to see him prosecuted."

Defense lawyers said they would have challenged his inclusion on the jury had they known the facts.

A spokesman for the Manhattan U.S. Attorney's Office had no comment.

"We are reviewing the motion and will respond at the appropriate time," he said.

Stewart, who built a media empire on tips for gracious living, was found guilty on March 5 of conspiring with her former Merrill Lynch stock broker to hide the reason behind her timely sale of shares in the biotech company ImClone Systems Inc. on December 27, 2001.

She was convicted of one count of conspiracy, two counts of making false statements and one count of obstruction of agency proceedings. She is scheduled to be sentenced June 17 and legal experts believe she will face prison time.

The Stewart case isn't the only high-profile corporate crime trial that's focused on juror behavior.

A juror has also caused a maelstrom in the trial of former Tyco executives Dennis Kozlowski and Mark Swartz. The juror apparently flashed the defense the "OK" sign and has reportedly been a holdout in deliberations.


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