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03/09/2004 Entry: "Sounds like Martha should win on her appeal"

"Both Bacanovic and Stewart are likely to argue that the most damning testimony from Stewart's best friend Mariana Pasternak -- that Stewart said, "Isn't it nice to have brokers who tell you those things?" just days after her ImClone sale -- should not have been considered by the jury. Pasternak acknowledged on cross-examination that she wasn't sure whether Stewart said those words or Pasternak herself thought them during conversation.

"Cedarbaum told jurors not to consider that quote in the case against Bacanovic because it did not meet the legal requirements for evidence against him, but one juror said after the trial that Pasternak's testimony was important to their overall decision."
Martha Stewart's Appeal Won't Be Easy, Lawyers May Claim Judge Wouldn't Let Them Mount Their Best Defense, by Brooke A. Masters, Washington Post, March 7, 2004

Huh?

If not a reversal, could Martha get a retrial, at least? Because this one sounds a bit wacky to me.

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