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U.S. v. STEWART

No. 03 CR.717(MGC).

317 F.Supp.2d 426 (2004)

UNITED STATES of America, v. Martha STEWART and Peter Bacanovic, Defendants.

United States District Court, S.D. New York.

May 5, 2004.

Attorney(s) appearing for the Case

Michael S. Schachter, Asst. U.S. Atty., Mary Jo White, U.S. Atty., Criminal Division, New York City, for U.S.

Rebecca A. Monck, Robert G. Morvillo, John J. Tigue, Jr., Morvillo, Abramowitz, Grand, Iason & Silberberg, PC., New York City, for Martha Stewart.

Richard M. Strassberg, Goodwin Procter, LLA, New YOrk City, avid J. Apfel, Goodwin, Procter, LLP, Boston, MA, for Peter Bacanovic.

David A. Schulz, Alia L. SMith, Levine, Sullivan, Koch & Schulz, LLP, New YOrk City, for Media Coalition.

OPINION

CEDARBAUM, District Judge.

Defendant Peter Bacanovic moves for a new trial pursuant to Fed.R.Cr.P. 33 or, alternatively, an evidentiary hearing on allegations that the jury that convicted him considered extraneous prejudicial information during its deliberations. His co-defendant, Martha Stewart, joins the motion. For the following reasons, the motion is denied.

Background

After a five-week trial, Bacanovic was convicted...

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