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Martha Stewart, the multi-millionaire television star, corporate executive and
New York socialite, may yet trade in her designer suits for plain prison
khakis after being sentenced to five months in jail and five months’ house
arrest for her part in an insider-trading scandal.
Ms Stewart will also spend two years on probation, which will include the term
under house arrest.
But it is unlikely that Stewart — known as the “Domestic Diva” in America for
her cookery and interior design books, magazines and television shows — will
be sent to jail in the next year as she was granted bail pending appeal.
Stewart was found guilty in March of lying during an investigation into
insider dealing in shares of ImClone, a drug company controlled by her
friend Sam Waksal.
The 2½-year case has engrossed America as Stewart’s many fans and detractors
have played out the case almost daily through the nation’s media.
Yesterday at about 9.30am the final act of the Martha Stewart circus began as
she arrived at the Federal court house in Manhattan surrounded by lawyers
and advisors.
Dressed in a black trouser suit, her blonde hair recently trimmed and
highlighted, Stewart entered the packed courtroom and all chatter was
silenced in a second.
The 62-year-old former chief executive of Martha Stewart Living Omnimedia
looked tired, drawn and nervous as she walked slowly down the aisle. She
chatted and smiled with friends, nervously playing with her hair, and was
overheard saying “such a waste of time” several times before taking her
seat.
Judge Miriam Goldman Cedarbaum, who found Stewart guilty of obstruction of
justice, making false statements and conspiracy, asked her if she had read
the sentencing guidelines she had been given.
“I have,” Stewart replied, looking down.
Robert Morvillo, Stewart’s lawyer, took the stand to plead for leniency from
the court and gave an extraordinary 15-minute speech in which he effectively
asked Judge Cedarbaum not to send Stewart to jail but, rather, allow her to
enter a community service programme.
“We live, fortunately, in a nation that puts a premium on the concept of
freedom,” he said. “It is the belief of an overwhelming majority of the US
population that only the most serious of crimes should lead to the
deprivation of that freedom.”
Of Stewart’s crime, he asked: “Is it so serious, that it warrants society’s
most serious penalty? I do not believe it is.”
Stewart stared straight ahead as he talked.
She choked back tears and hinted that the case had made her ill, suggesting
that at times she had considered herself close to death.
“Today is a shameful day for me and my family,” Stewart told the court.
The scandal had “spread like oil over a vast landscape and choked me, almost
suffocated me to death”, she added.
She then asked Judge Cedarbaum to remember the good work she had done.
“My hope is that my life will not be entirely destroyed in your merciful and
competent hands,” she added.
Judge Cedarbaum meted out what she described as the most lenient sentence she
could under federal sentencing guidelines.
Stewart was ordered to spend five months in a prison camp, probably in
Danbury, Connecticut, just half an hour’s drive from her country home.
She must also spend five months under house arrest, wearing an electronic
ankle bracelette and only being allowed out to work or to shop for groceries
for 48 hours a week.
While under house arrest she is also forbidden to use or keep a computer modem
or a cordless telephone. She must also pay a $30,000 (£16,000) fine.
In a surprising show of leniency, Judge Cedarbaum granted a last-minute motion
by Mr Morvillo who asked for Stewart to be bailed pending appeal. The
appeals process could take more than a year, during which time she will not
be jailed.
Judge Cedarbaum said that part of her decision was based on Stewart’s good
works in the community and partly on the fact that 1,500 people had written
to the court pleading for mercy.
“I have read them all,” Judge Cedarbaum said.
On the steps of the court Stewart repeated some of her courtroom speech and
urged her many fans gathered around her to show their support by subscribing
to her magazines and by buying her homeware products.
She told the crowds, who shouted “We love you. Martha” as she spoke, that she
was not frightened of the jail sentence before her.
“I’ll be back. I will be back,” she said. “Whatever I have to do in the next
few months I hope the months go by quickly. I am used to all kinds of hard
work as you know and I am not afraid, I am not afraid whatsoever. I am just
very, very sorry that it has come to this, that a small personal matter has
been able to be blown out of all proportion and with such venom. It is just
terrible.”
Shares in Martha Stewart Living Omnimedia rose more than 30 per cent to $11.33
after her words. They have been in decline since the scandal surfaced in
January 2002.
SHARE SALE THAT LED TO COURT
Stewart sold 3,928 shares in ImClone, run by Sam Waksal, a friend. A day later
an ImClone announce- ment sent the price falling. Stewart saved $51,000 by offloading
her shares. Prosecutors said that Peter Bacanovic, her stockbroker, had
ordered his assistant to tip her off that Mr Wasksal was selling shares.
The charges: Four counts of lying and obstructing an investigation into her 2001 sale of shares in ImClone Systems. The jury found that Ms Stewart had twice lied to the FBI and to securities regulators investigating her sale of ImClone stock. They found her guilty of obstructing justice by attempting to cover up the reasons behind her stock sale. They also found her guilty of conspiring to commit her crimes with Bacanovic.
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