Following the sentencing of lifestyle guru Martha Stewart on Friday, it has emerged that her legal team intends to challenge her conviction on several grounds.
Stewart was sentenced to five months in prison and a further five months under house arrest after being found guilty of conspiracy, obstruction of justice, and making false statements in relation to her decision in 2001 to sell shares in ImClone Systems Inc. on the advice of her stockbroker, Peter Bacanovic, shortly before they plummeted in value.
According to reports in the US media, attorneys for the founder of Martha Stewart Living Omnimedia are expected to challenge her conviction in the 2nd US Circuit Court of Appeals on the grounds of several pretrial and trial evidentiary rulings by the presiding judge, perjury allegations levelled at government ink expert Lawrence Stewart, and suggestions that one of the jurors at the trial had lied in order to obtain his place on the jury and convict Stewart.
The New York Law Journal additionally revealed that the defense team will argue in the appeals court that Southern District Judge Miriam Goldman Cederbaum was in error when she denied a request to inform the jury that Stewart was not being charged by the government with the greater charge of insider trading.
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