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Martha Stewart trying to humiliate juror, say prosecutors

By Larry Neumeister
The Associated Press

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In papers filed in federal court, prosecutors told Judge Miriam Goldman Cedarbaum that the accusations against juror Chappell Hartridge were not enough to require a court hearing, much less a new trial.

Stewart was convicted March 5 of lying to federal investigators about her sale of 3,928 shares of ImClone Systems stock on Dec. 27, 2001, just before it plunged on a negative government report.

Last week, Stewart's lawyers asked for a new trial, saying Hartridge failed to disclose an arrest on assault charges, three lawsuits filed against him and an accusation that he stole money from a Little League group.

Prosecutors said in their written response that the allegations raised by Stewart were unsupported by enough evidence for a "reasonable inference" that Hartridge had intentionally withheld any information about himself.

They said the arrest, for instance, was dismissed and was sealed in state court, making it possible that Hartridge did not think he was supposed to disclose it. They noted Stewart did not try to exclude 15 prospective jurors who admitted past charges.

Prosecutors also said Hartridge may have been unaware of or may have forgotten about civil judgments filed against him more than a decade ago. And he was likely not required to divulge embezzlement allegations, especially since there is no claim he ever was formally accused, charged or sued or appeared in court over the issue, they said.

For the court to order a new trial, lawyers for Stewart must show that the juror deliberately made a misstatement and that an accurate answer would have required the court to eliminate him from the jury if either side challenged him, prosecutors said.

Prosecutors said they could find no case in which a juror's concealment of previous arrests or civil judgments was enough to win a new trial.

Stewart lawyer Robert Morvillo had not seen the government papers and could not respond, his office said yesterday.

After the verdict, Hartridge was the only juror to immediately face a room full of journalists, telling them the guilty verdict was a victory for "the little guy."
 
Hartridge did not immediately return a telephone message yesterday seeking comment.

Stewart is scheduled to be sentenced June 17. Legal experts think she will receive 10 to 16 months in prison for the four guilty counts — obstructing justice, conspiracy and two counts of making false statements.

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