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Martha Stewart's Defense Draws Unwarranted Criticism

by TChris

Monday morning quarterbacking begins on Saturday as analysts dissect Martha Stewart's defense, sometimes harshly.

"She should get her money back from her lawyers," said Thomas Ajamie, a veteran Houston securities attorney. "How this even went to trial in the first place, I have no idea."

Keep in mind that the decisions to go to trial and to testify (or not) belong to the accused, not to the lawyer. Martha Stewart made those decisions. It's easy to understand why she wanted to exercise her right to a trial. She faced financial and reputational disaster, as well as the risk of incarceration. We don't know what (if any) deal the prosecution was willing to offer her. Without having all of the information that Stewart assessed, it isn't fair to second guess her decision, and it certainly isn't fair to criticize her lawyer.

All trials are risky. The prosecution usually wins. There's no reason to believe that Stewart received bad advice about the risks attending each choice she made.

Robert Morvillo is a well-respected, experienced white-collar criminal defense lawyer with a proven track record. He gave Martha Stewart the benefit of his best professional judgment, and he won the dismissal of the most serious charge against her.

Sometimes juries convict where those outside the courtroom see reasonable doubt. Criticizing Morvillo for deciding not to call more defense witnesses, including Stewart, is silly. Morvillo was not alone in believing that the government started with a weak case that grew weaker as the trial unfolded. If things are going well and a victory appears to be in hand, it's often better to quit while you're ahead. Morvillo would have been praised for his brilliant performance if the jury had acquitted; the same decisions shouldn't be ridiculed simply because the jury returned a guilty verdict.

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