Inmate Martha Stewart, plays the legal cards she's been dealt:
The appeal contends that although Ms. Stewart was not charged with insider trading, suggestions by prosecutors that she had received an illegal tip before she sold nearly 4,000 shares of ImClone Systems stock "colored the entire trial.''
The Securities and Exchange Commission filed a civil complaint against her for insider trading, which is still pending.
The appeal says that Judge Miriam Goldman Cedarbaum, who presided over the trial, allowed the misperception to continue with an "erroneous refusal to clarify for the jury what the trial was and was not about, as well as erroneous evidentiary rulings that prohibited Stewart from defending herself.''
Her lawyers also argue that a tape recording of Mr. Bacanovic answering questions asked by government investigators was treated as testimony at the trial, although the defense had no opportunity to cross-examine him. The appeal cites a ruling by the Supreme Court in a case, Crawford v. Washington, which came three days after Ms. Stewart's trial ended, and maintains that such statements cannot be used to determine the truthfulness of other witnesses.
[snip the obligatory vignettes of Martha in stir]
On work detail, which all inmates must do, Ms. Stewart has "thrown herself into the physical chores that she's been assigned, and done them well,'' Mr. Dellinger said.
In his conversations with her, which lasted most of a day, "she didn't complain about missing anything,'' he added. "She plays the hand she's dealt, good and bad.''