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Last Updated: Friday, 27 February, 2004, 17:03 GMT
Martha Stewart charge thrown out
Martha Stewart arrives at court on Friday
Martha Stewart still faces four charges
The judge presiding over the trial of US homemaking and etiquette guru Martha Stewart has thrown out the most serious charge she faces.

Had she been found guilty of deceiving investors in her company, Ms Stewart could have faced a 10-year jail term.

The other four charges, arising from alleged insider dealing in shares in a friend's firm, each carry a five-year maximum sentence.

The defence rested on Wednesday without testimony from Ms Stewart.

Closing arguments will take place on Monday and Tuesday, and then the jury will start considering a verdict.

Bad news

The decision of Judge Miriam Goldman Cedarbaum to drop the worst charge stemmed from discussions with lawyers from both sides about what instructions she would give the jury.

In a 23-page ruling, she said the government had fallen far short in trying to press the charge.

"The evidence and inferences the government presents are simply too weak to support a finding beyond a reasonable doubt of criminal intent," she wrote.

Ms Stewart - and her former broker, who faces five charges of his own - are alleged to have lied to investigators when asked about the sale of almost 4,000 shares in drug firm ImClone in December 2001.

A day later, a negative government report on the firm's key cancer drug saw its shares plummet.

The firm's founder, Sam Waksal, has admitted to insider trading and is in jail.

Prosecutors allege that Ms Stewart was phoned by her broker to tell her about the impending bad news ahead of its release, triggering her decision to sell.


WATCH AND LISTEN
The BBC's Michelle Fleury
"It would be premature for Ms Stewart to begin celebrating"



SEE ALSO:
No testimony from Martha Stewart
25 Feb 04  |  Business
Stewart witness: Lie or be fired
05 Feb 04  |  Business
Friend's testimony hits Stewart
20 Feb 04  |  Business
Stewart trial hears star witness
04 Feb 04  |  Business
Profile: Martha Stewart
20 Jan 04  |  Americas
Scandal hits Martha Stewart profits
11 Aug 03  |  Business


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