"And she never brought it up to you?"
"No. She only brought it up to me in terms of adding gains to the account," Bacanovic's on record as saying. "She made a short passing comment, 'Oh, you've added gains. Why did you add gains to the account? I thought we had the whole thing so tidy.'"
But yesterday, Heidi testified that she and Peter did speak specifically about getting rid of the ImClone shares in Stewart's personal account. Deluca's statement was that on November 8, 2004, "Peter said ImClone was a dog, and that once Martha's personal account was transferred from Morgan Stanley to Merrill Lynch, he'd suggest setting a $60 floor on ImClone." Either Peter didn't remember relaying the message to Heidi or he was lying. Jury's call.
The charge conference, where Cedarbaum debates her jury instructions with the attorneys, takes place tomorrow. Press may or may not have access to the transcript; we'll know by 5:00 p.m. Closing arguments are Monday and Tuesday. Cedarbaum may hold off her securities charge ruling until after the verdict.
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