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Judge puts Martha trial on hold

From CNNfn Correspondent Allan Chernoff


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NEW YORK (CNN) -- A judge has delayed testimony by the government's star witness in the trial of homemaking maven Martha Stewart, putting the trial on hold amid a dispute over a key document in the case.

Douglas Faneuil, a former assistant to Stewart's broker at Merrill Lynch, had been expected to take the stand to testify against the lifestyle expert and her broker, Peter Bacanovic.

But U.S. District Judge Miriam Goldman Cedarbaum ruled Thursday that defense lawyers could have more time to study a statement made by Faneuil's first attorney, Jeremiah Gutman, to the FBI.

Court is set to resume Monday, and Faneuil may testify next Thursday.

Stewart and Bacanovic are accused of obstructing an investigation into her late 2001 sale of nearly 4,000 shares of ImClone, a biotech company founded by her friend Sam Waksal.

Faneuil, a 28-year-old former Merrill Lynch assistant, pleaded guilty in October 2002 to misdemeanor charges of accepting perks in return for not telling the government about an alleged inside stock tip given to Stewart.

Cedarbaum ruled Wednesday that defense lawyers could examine the statement, which prosecutors had sought to have excluded.

Bacanovic's attorney said the statement raises questions about whether Bacanovic or ImClone founder Sam Waksal told Faneuil to tell Stewart to sell ImClone stock, and should have been given to the defense months ago.

Cedarbaum denied defense request for a mistrial, saying the dispute over the documents could be resolved.

The jury was not in court Thursday.


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