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U.S. v. STEWART

No. 03 CR.717(MGC).

323 F.Supp.2d 606 (2004)

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

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

July 8, 2004.

Attorney(s) appearing for the Case

Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York, NY, By: Robert G. Morvillo, John J. Tigue, Jr., Barry A. Bohrer, Rebecca A. Monck, Gregory Morvillo, for Defendant Martha Stewart.

O'Melveny & Myers LLP, Washington, DC, By: Walter Dellinger, Jeremy Maltby, Matthew Shors, for Defendant Martha Stewart.

Goodwin Procter LLP, New York, NY, By: Richard M. Strassberg, David J. Apfel, Cheryl R. Brunetti, Shannon J. Siragusa, Erin N. Jackson, for Defendant Peter Bacanovic.

David N. Kelley, United States Attorney, Southern District of New York, New York, NY, By: Karen Patton Seymour, Michael S. Schachter, William A. Burck, Assistant United States Attorneys, for the Government.

OPINION

CEDARBAUM, District Judge.

Defendants Martha Stewart and Peter Bacanovic have moved for a new trial pursuant to Fed.R.Cr.P. 33 on the ground that an expert witness for the Government has been charged with committing perjury in his testimony. Because there is no reasonable likelihood that this perjury could have affected the jury's verdict, and because overwhelming independent evidence supports the verdict, the motions are denied.

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