Faneuil Scraped Off Floor; Ann Turns On Waterworks

Flinty judge moved to tears as Stewart amanuensis weeps bitterly

Elizabeth Koch | February 9, 2004

These are Elizabeth Koch's notes on the Martha Stewart trial.

It's clear from the get-go that Stewart lawyer Robert Morvillo is not going to engage in Apfel's belligerent bulldog tactic. He's polite and patient and calm, putting him on immediate good terms with both Cedarbaum and the jury. In fact, even when Cedarbaum and Morvillo spar, it's more for laughs than serious. Morvillo asks Faneuil a question he refuses to answer directly, a response style that's now Faneuil's trademark:

"You were never threatened or asked to lie by Martha, were you?"

"Well, she got angry when I asked whether I should send Ann Armstrong info about her Imclone trade."

"Does that answer my question?"

"Well, no."

"But you decided to mention it anyway."

"Is that a question, Mr. Morvillo? Try to stick to questions," Cedarbaum interrupts with a snicker.

Spectators laugh, the jury laughs, and Faneuil looks panic-stricken. The jokes are everything, or almost everything: The jury looks curious, open-minded, and attentive. All of them.

Morvillo's next line of questioning is brilliant. He's sharp and focused and takes things one step at a time so no one's confused. He asks Faneuil a serious of questions that he answered definitively in his testimony to Merril Lynch and the SEC but now cannot answer. When he tries, his answers contradict what he said earlier.

"How many times did you speak to Goldberg (Waksal's money man) on Dec 27?"

"Did you speak to any of Bacanovic's client's besides Ms. Stewart on Dec 27?"

"Do you recall telling the SEC that you weren't sure whether the day Martha yelled at you about keeping her stock info private was on Dec 27 or before?"

"Do you remember claiming you didn't overhear Alanna Waksal's conversation with her husband?"

Don't remember, don't remember, no, these documents don't refresh my recollection.