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Appeals Court Denies Stewart Request to Overturn Conviction

Jan 6, 2006  •  Post A Comment

Martha Stewart’s hopes of having her conviction overturned were dealt a setback Friday after a federal appeals court denied her request.

Though Ms. Stewart completed her prison sentence in connection with the conviction, her lawyers were still attempting to have the conviction overturned on several grounds, including prosecutorial misconduct, juror misconduct, extraneous influences on the jury and erroneous evidentiary rulings and jury instructions.

The three-judge panel was not swayed, however, by the claims and said, “None of defendants’ appellate arguments persuades us to grant the requested relief.”

Ms. Stewart was convicted in March 2004 of lying to federal investigators about a suspicious stock sale. Her stock broker, Peter Bacanovic was also found guilty. Both were sentenced to and have served five months of jail time and five months of house arrest. Both are now undergoing two years of supervised release.

Although Ms. Stewart was turned away, Mr. Bacanovic’s lawyers convinced the appeals court to remand his case to a lower court to determine whether Mr. Bacanovic should be resentenced.