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March 06, 2004
Martha's defense strategy
As noted earlier here, the decision of Martha Stewart's defense team not to have Ms. Stewart testify was a risky one. This NY Times story confirms the downside of such a strategy, reflected best by this quote from one of the jurors:
One juror called the decision to not put the defendants on the stand "a serious mistake." "How could we tell anything about how smart either of them was if they never took the stand?" asked Amos Matthew Mellinger, 55, a freelance market researcher from Riverdale, the Bronx, who was Juror No. 4 in the trial.Similarly, this Reuters article refers to another juror's remarks:
Chappelle Hartridge, 47, a computer technician from New York's Bronx borough, said he and fellow jurors saw the domestic style-setter, who built a fortune on homemaking advice and interior decor, as a corporate bigwig. "Maybe she thought she was above everything and didn't have to do things other people have to do," he said.
Again, particularly in white collar criminal cases, jurors want to hear from the defendant. Accordingly, exercise the right not to testify with great care.
Posted by Tom at March 6, 2004 08:13 AM
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