Martha's Reign of Terror Over the Little Guy Is Over!

Media-mad juror champions The Common Man in post-trial palaver

Elizabeth Koch | March 5, 2004

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Pause. "No comment," Chappell says, looking the opposite direction from the questioner.

Someone asks if Martha's background as a broker was a factor. "Absolutely," Chappell nods. "She was a stockbroker so she should have known the rules. Some of those things she did once she felt the heat show that she should have known better. Especially the omissions."

"How'd you think Morvillo did defending her?"

"He did the best he could with what he had to work with. It bothered me that they only put one witness on the stand. It's like they were saying, 'I don't need to defend myself. I don't need to persuade the jury. We know we'll get off.' It was kind of."

"Arrogant?" Andrea Peyser asks hopefully.

"Yeah," he says. "Judging by some of the things they did, I'd say they thought they were special. I wasn't comfortable with the tone of [Peter Bacanovic's taped SEC testimony]. He sounded kind of."

"Arrogant?" Andrea asks, nodding emphatically. "What about the fact that Martha charges her vacations to the company? Did that play into your decision?" What, Andrea, do you want him to admit the conviction was motivated less by evidence than character assassination and vengeance?

"Yeah. She takes vacations and doesn't pay for them—it's like she thinks she's better than everyone else. But, I mean...the vacations didn't factor into our decision."

"What are you thinking of in terms of insider trading?" someone asks.

"Well, as I understood it we weren't supposed to consider insider trading. But as far as not talking to the authorities and not cooperating, yes, she sounded like she thought she was better than everyone else."

In spite of all that, Chappell says he believes the conviction a tragedy of sorts. "We took our job very seriously. I don't care if it's Martha Stewart or John Doe, these are two people's lives we're dealing with. The decision will affect a lot of people—[Martha Stewart Living Omnimedia] employees, stockholders... But maybe this conviction will give the little guy more confident feelings that he can invest in the market and get in on the up and up."

"I—we all—came to this decision with an open mind," he promises.

Sentencing will take place on Thursday, June 17, 2004. Both defendants must report to a probation officer within a week of proceedings.