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Martha Stewart Refused April Deal To Avoid Prison
PR Newswire ^ | 3/7/04

Posted on 03/07/2004 8:42:12 AM PST by 11th Earl of Mar

Prosecutors Offered Martha Stewart a Deal Last April: Cop To One Count of Making a False Statement and Receive Probation and Continue to Work at Omnimedia, Sources Say

She Refused to Plead Guilty to a Felony

NEW YORK, March 7 /PRNewswire/ -- Newsweek has learned that the Feds gave Martha Stewart an opportunity to avoid prison. Federal prosecutors offered Stewart a deal last April to cop to one count of making a false statement, say several sources familiar with the offer. She would have received probation and could continue working at her company, they say. But she refused to plead guilty to a felony, and a defense source says the Feds couldn't guarantee she would stay out of jail.

And federal investigators say she could have avoided the entire mess if she had confessed in the beginning. Had she admitted wrong doing in early 2002, she could have gotten off with a $200,000 fine and no jail time, report Detroit Bureau Chief Keith Naughton and Special Correspondent Barney Gimbel in the March 15 issue of Newsweek (on newsstands Monday, March 8).

After a seven week trial, the jury deliberated for three days before convicting Stewart on all four counts.

One juror sobbed as the judge ticked off all the guilty counts. Martha's daughter, Alexis, doubled over in tears in the front row of the gallery. Alexis's husband John Cuti, also one of Martha's lawyers, buried his face in his hands at the defense table. Stewart stared straight ahead, showing no emotion.

Martha Stewart's case may set the new standard for judging fat cats who don't play by the rules, write Naughton and Gimbel. "We're now going to see the 'Martha test' as a fair punishment for white-collar crimes," says Jeffrey Sonnenfeld, associate dean of the Yale School of Management.

"This is going to have a strong influence on jurors from here on out." And legal experts say she'll likely go to prison for one to three years, probably at a minimum- security "prison farm."


TOPICS: Front Page News; News/Current Events
KEYWORDS: marthastewart
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To: Reelect President Dubya
Why do you think she will win an appeal?

Do you know what an appeal is? (hint: It is NOT a second shot just because you didn't like the verdict).
51 posted on 03/07/2004 9:29:11 AM PST by freedumb2003 (Everyone is stupid! That is why they do all those stupid things! -- H. Simpson.)
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To: Reelect President Dubya
I'm not a lawyer and I don't know the details of the case but, I don't think she'll win on appeal. The charges seems severe and straightforward. Obstruction of justice and lying don't seem easily overturned.
52 posted on 03/07/2004 9:30:07 AM PST by Vision (Always Faithful)
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To: Hildy
She had a chance NOT to go to jail, Hildy, but once again her smuggness got in the way of her dealing with what was going on here.

Why shouldn't she go to jail, because she's Martha Stewart? Don't forget, she's the one that set herself up "as" Martha Stewart.

She a common perjurer who didn't have the sense enough not to show up in court with a $12,000 pocketbook in front of the regular snookers who were going to decide her fate. She might as well have spit in their faces!
53 posted on 03/07/2004 9:30:16 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: 2 Kool 2 Be 4-Gotten
If Kerry gets elected, he'll pardon Martha. Hell, he'd probably want to marry her.

Only if her wealth rebounds. He does have standards, you know.

54 posted on 03/07/2004 9:30:21 AM PST by 11th Earl of Mar
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To: tbeatty
The caste system has never been more clearly defined than in this case, yes it is class warfare "The Haves vs The Have nots!
55 posted on 03/07/2004 9:31:35 AM PST by winker
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To: Howlin
That seems to be one of her biggest problems; she actually believes what she did was fine; leaving aside selling the stock, when she decided to lie UNDER OATH to the SEC, she sealed her fate

I might have more sympathy for her, except for these facts: She is a former stockbroker herself, and she even has (had) a seat on the Stock Exchange. With those credentials, she, moreso than the regular person-on-the-street, should have known what was legal, illegal, shady, etc. She wasn't just some commoner who happened to own a few shares of stock, got a tip, and got caught.
56 posted on 03/07/2004 9:32:40 AM PST by TomGuy
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To: tbeatty
Martha will find new things to do with a cucumber in the slammer... Yeah she diserved to be jailed, this bitchy democrat who the fat-assed bulldyke rosie o donnald sat in her court room for "moral support' a joke in intelf.. She thought arrogantly she is above the law, and totally deserves this hard fall...
57 posted on 03/07/2004 9:32:43 AM PST by aspiring.hillbilly
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To: 11th Earl of Mar
It probably wasn't greed. Sounds more like pride to me. "You can't touch me. I'm Martha!"

She's a Democrat, the rules are different for Democrats. They are above the law because they are so much smarter than the rest of us.

58 posted on 03/07/2004 9:32:50 AM PST by PeteFromMontana (The only IMPEACHED, DISBARRED President? A Democrat...remind your friends)
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To: Reelect President Dubya
I have my fingers crossed... :)
59 posted on 03/07/2004 9:33:10 AM PST by Donna Lee Nardo
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To: 11th Earl of Mar
Hmmmm....wonder if OPRAH has had any "sweet" deals....if y'all get my drift.....NEXT.
60 posted on 03/07/2004 9:33:10 AM PST by goodnesswins (The Democrat "Funeral" is on.....dum..dum..di...dum.)
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To: winker
Poor people have a better sense of humor.


61 posted on 03/07/2004 9:34:22 AM PST by Bluntpoint
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To: tbeatty
Martha will find new things to do with a cucumber in the slammer... Yeah she diserved to be jailed, this bitchy democrat who the fat-assed bulldyke rosie o donnald sat in her court room for "moral support' a joke in intelf.. She thought arrogantly she is above the law, and totally deserves this hard fall...
62 posted on 03/07/2004 9:35:02 AM PST by aspiring.hillbilly
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To: Hildy
Sometimes they are, so should we just quit punishing criminals? I believe that most of the time juries get it right. Martha Stewart is now a convicted criminal. I am not one who is overjoyed that Martha Stewart is in trouble, but I also realize that if it was me in her situation I would already be in the graybar hotel. I also realize that my case would not be in the news and people like you would not stick up for me. People go to jail every day on as little or less evidence than was presented against her.
63 posted on 03/07/2004 9:36:09 AM PST by jospehm20
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To: aspiring.hillbilly
And watch as the amazing Lesberta makes this cucumber disappear.


64 posted on 03/07/2004 9:38:42 AM PST by Bluntpoint
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To: TomGuy
I don't think she had a "seat on the NY Stock Exchange"....BUT, she was on the Board of the NY Stock Exchange.....which in some ways is even a worse indictment for her!!!
65 posted on 03/07/2004 9:39:15 AM PST by goodnesswins (The Democrat "Funeral" is on.....dum..dum..di...dum.)
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To: Reelect President Dubya
This from the most deranged wacko around here.

OK prez - I'll agree that you are the most deranged wacko here, but please respond to the original response to yours: on what basis will her convictions be overturned?

66 posted on 03/07/2004 9:40:19 AM PST by corkoman (Logged in - have you?)
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To: Vision
Obstruction of justice and lying don't seem easily overturned.

Have you ever heard of Bill Clinton?

67 posted on 03/07/2004 9:43:49 AM PST by Reelect President Dubya (Drug prohibition laws help support terrorism.)
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To: Howlin
They honestly believe that the rich "are" different!

They sure are different, but that doesn't meant it's a good thing.

68 posted on 03/07/2004 9:44:24 AM PST by mombonn (Viva Bush/Cheney!)
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To: Reelect President Dubya
"Martha will win the appeal..."

Odds are against it according to legal experts. They've all said that if she expects to file an appeal, she'll need to get apologetic. Fat chance of that happening. Stewart is still claiming she did nothing wrong, and her calling a summit today to formulate strategy doesn't show she's anywhere near admitting guilt.

I doubt any judge would honor an appeal especially in light of the fact that she was offered a deal and turned it down.

69 posted on 03/07/2004 9:45:24 AM PST by mass55th
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To: 11th Earl of Mar
You hit the nail on the head with the pride issue. Between her success, money,
people cowtowing, she became heady drunk in her delusions of being SPECIAL. Pride & Vanity got her where she is.

70 posted on 03/07/2004 9:50:59 AM PST by blackbag (trust no one)
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To: 11th Earl of Mar
She was poorly advised on simple marketing- from the point of view of a customer ie: offered a product. We customers have often seen this one; "Special offer- limited time only."This is exactly what was offered. Compassionate conservatism should say(my view) "Let this be a lesson".

She surely is suffering. It is said that the uncertainty, the imminent threat, is sometimes worse than the consequences.

FREE MARTHA.

71 posted on 03/07/2004 9:53:13 AM PST by Peter Libra
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To: Howlin
I know I'm in the minority here, but I still cannot understand why anybody would want to see this woman in jail. I think she has suffered enough.
72 posted on 03/07/2004 9:53:45 AM PST by Hildy (A kiss is the unborn child knocking at the door.)
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To: TomGuy
Now what was that remark her friend said she made? "It's nice to know people in high places," or something very close to that?
73 posted on 03/07/2004 9:55:31 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: TomGuy
And we all know that juries never get it wrong.
74 posted on 03/07/2004 9:57:05 AM PST by candeee
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To: Hildy
"I am so torn about this. I do not think she should go to jail."

She had the option to avoid jail and turned it down. When she did that, she accepted the choice of a jury trial and whatever outcome occurred. Stewart had worked as a broker, knew full well the rules and regulations regarding selling and trading. She knowingly broke the rules, lied to federal investigators and tried to cover up her lies. Had she been honest from the beginning, she wouldn't be in the pickle she's in now. She still refuses to admit any complicity in what happened. Why should someone who perpetuates falsehoods and refuses to admit their guilt be given a break? Even Clinton finally admitted his guilt, although neither of these elitists have apologized for their deliberate deceptions.

75 posted on 03/07/2004 9:57:17 AM PST by mass55th
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To: 11th Earl of Mar
They could reinstate that offer on appeal as the court did for the child-murderer in Florida, right?
76 posted on 03/07/2004 9:58:39 AM PST by Old Professer
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To: Hildy
Can you spell J-U-S-T-I-C-E? Why should she escape jail when others found guilty of lieing to the FEC are jailed?
77 posted on 03/07/2004 9:59:00 AM PST by Carolinamom (Currently re-programming my thinking to positive mode.)
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To: Hildy
still cannot understand why anybody would want to see this woman in jail.

You say that like we took a poll and went after her. She is where she is because of herself.

Don't lose track of the fact that ALL SHE HAD TO DO IS TELL THE TRUTH one day and she wouldn't be where she is today. One time on one day, Hildy; all she had to do was tell the truth and face the consequences.

But she didn't want to, because she DOES think she's different than you and I.

She has suffered enough? You mean the public humiliation? Have you never heard the phrase "The bigger they are, the harder they fall?"

This debacle is of her own making, period. At every single point where she came to a fork in the road where truth would have set her free, she chose to lie. Why? Because she's better/smarter/more important than the rest of us.

78 posted on 03/07/2004 10:04:07 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: mass55th
I doubt any judge would honor an appeal especially in light of the fact that she was offered a deal and turned it down.

So all people should take any plea deal offered by the Feds because the judge will not look kindly upon their turning down a deal?

That sounds like a really good system for prosecutors to use against innocent people.

79 posted on 03/07/2004 10:04:25 AM PST by Reelect President Dubya (Drug prohibition laws help support terrorism.)
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To: Bluntpoint
Time to make predictions on this Howlin vs. "whomever" thread.

Excuse me?

80 posted on 03/07/2004 10:05:26 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: pepsionice
GW might offer her a pardon...if she donates a heck of alot to his campaign

BS.

81 posted on 03/07/2004 10:06:17 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: Reelect President Dubya
(i>So you admit that this is not about insider trading, just a prosecutor manufacturing crimes during the course of a failed investigation into insider trading that did not exist?

No. She was not the original target. The information that she had was that another person, who was an insider, was selling stock. While investigating the other person for insider trading, they received false statements from Martha. That's what she was convicted of. I think it is also clear that she received information that was not available to the public and when she took action on that information she stole from the other stockholders. She's a liar, a cheat and a thief.

82 posted on 03/07/2004 10:07:29 AM PST by tbeatty
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To: 11th Earl of Mar
LOL!
83 posted on 03/07/2004 10:07:40 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: winker
yes it is class warfare "The Haves vs The Have nots!

I beg to differ; it's The Law Abiding v. The Crooks.

84 posted on 03/07/2004 10:08:44 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: mass55th
and her calling a summit today to formulate strategy doesn't show she's anywhere near admitting guilt.

She is? Wow, is that the latest fad for accused people? Didn't Michael Jackson do the same thing?

85 posted on 03/07/2004 10:11:58 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: Reelect President Dubya
She was a Member of the Board of the NY Stock Exchange at the time she committed these crimes. If she isn't prosecutable then no one is. She will lose on appeal.
86 posted on 03/07/2004 10:12:20 AM PST by killroy
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To: Howlin
"Wow, is that the latest fad for accused people? Didn't Michael Jackson do the same thing?"

Knowing Martha, she won't even serve them snacks. She's such a tight-wad.

87 posted on 03/07/2004 10:14:25 AM PST by mass55th
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To: Mike Darancette
Since Martha's legal team did not put on a defense how can their team claim that their client was not represented? Martha's arrogant legal team is stuck on stupid.

She still probably would have been worse off if she had taken the stand. She might have talked her way into a harsher sentence.

88 posted on 03/07/2004 10:15:06 AM PST by Paleo Conservative (Do not remove this tag under penalty of law.)
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To: mass55th
No plum pudding?
89 posted on 03/07/2004 10:15:08 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: Howlin
No difference from what I said basicly!
90 posted on 03/07/2004 10:15:28 AM PST by winker
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To: killroy
If she isn't prosecutable then no one is.

She still has the SEC -- not to mention the IRS -- to deal with.

91 posted on 03/07/2004 10:15:35 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: winker
Well, now that I think about it, that is true.......LOL......but I do like to consider myself a law abiding have. :-)
92 posted on 03/07/2004 10:16:21 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: Howlin
"No plum pudding"

ROFL!!!

93 posted on 03/07/2004 10:16:28 AM PST by mass55th
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To: corkoman
The conviction will probably not be overturned. Martha is probably counting on Hillary in '08 to pardon her. "See, I wasn't a felon after all."
94 posted on 03/07/2004 10:16:42 AM PST by aynrandfreak (If 9/11 didn't change you, you're a bad human being)
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To: Howlin
When she had a meeting w/K-Mart executives early on to discuss her marketing in their stores, she served them apple pie and later billed them for it @$20.00 per pie.
95 posted on 03/07/2004 10:17:16 AM PST by Carolinamom (Currently re-programming my thinking to positive mode.)
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To: Howlin
I don't know if she will win on appeal, but she had better. In my opinion, if she goes into prison, she won't come out alive. If they can get her locked up during the appeal process, the appeal will become moot. She is too tasty a morsel for what lives inside prison walls
96 posted on 03/07/2004 10:19:03 AM PST by Truth29
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To: winker
The caste system has never been more clearly defined than in this case, yes it is class warfare "The Haves vs The Have nots!

In what way? The liberal tactic is to place circumstance over fact. That race or religion or economic status ought to be considered before any facts.

In this case, the facts were put before economic status and it so happens that a rich person was convicted. The rule of law prevailed

97 posted on 03/07/2004 10:19:07 AM PST by tbeatty
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To: Howlin
Me too I cain't be any other way but true to myself, always works for me!
98 posted on 03/07/2004 10:19:50 AM PST by winker
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To: mass55th
I think you should come out of retirement. Special assignment, you know? :-)
99 posted on 03/07/2004 10:23:11 AM PST by Howlin (Charter Member of the Incredible Interlocking Institutional Power!!!!)
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To: tbeatty
Perhaps this is why the blindfold rests on the face of the scales of JUSTICE!
100 posted on 03/07/2004 10:23:14 AM PST by winker
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