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Jury Question in Stewart Trial

by TChris

Jurors pondering the charges against Martha Stewart's co-defendant, Peter Bacanovic, sent an interesting question to the judge. They're wondering what it takes to prove perjury.

U.S. District Judge Miriam Goldman Cedarbaum told jurors before deliberations that perjury requires special rules: Jurors must rely on testimony from two witnesses, or one witness whose testimony is supported by a document.

In a note Thursday, the jurors asked whether it was enough to have the testimony of one witness plus a document created by the same witness.

"I think the short answer is yes,'' Cedarbaum said.

On its face, the answer may be bad for Bacanovic. Still, all the jurors would have to agree that the witness and the supporting document are so believable as to exclude reasonable doubt before finding Bacanovic guilty.

The question suggests that the jurors are focusing on Bacanovic. Now in their second day of deliberations, they may have already decided Martha Stewart's fate.

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