WP: Martha Stewart Wants to Be Resentenced

Stewart Wants to Be Resentenced
Lawyers Argue Impact Of High Court Ruling

By Brooke A. Masters
Washington Post Staff Writer
Friday, March 18, 2005; Page E01


NEW YORK, March 17 -- Now that Martha Stewart is out of prison, she also wants out of home confinement.

Stewart, 62, has asked the U.S. Court of Appeals for the 2nd Circuit to remand her case for a possible resentencing in light of a Supreme Court decision that found that federal sentencing guidelines are unconstitutional. Stewart's lawyers also told a three-judge panel of the 2nd Circuit on Thursday that her conviction should be reversed because prosecutors relied on perjured and inadmissible testimony, and a juror allegedly lied on his screening questionnaire.

The resentencing request would give trial judge Miriam Goldman Cedarbaum the option of shortening Stewart's sentence. Stewart completed five months in prison earlier this month and is now serving five months of confinement in her Bedford, N.Y., home.

Under the terms of her sentence, Stewart can leave home only 48 hours a week, including the time she spends commuting to the corporate empire she built on the image of domestic perfection. She may not sit on her front porch and must wear an ankle bracelet with a transmitter that she described as "rigid" and "somewhat uncomfortable and irritating" in an online chat with fans earlier this week.

Under a February ruling by the 2nd Circuit, cases currently on appeal can be sent back to the trial judge, who has the option of imposing a different sentence now that the guidelines are purely advisory....


http://www.washingtonpost.com/wp-dyn/articles/A45444-2005Mar17.html

What's that about... how do crazy sentences like this get to be the norm. How is Martha not being able to sit on her front porch keeping America safer? :shrug:

That sucks...
If you're stuck at home and can't even go out and get a breath of fresh air and tend your roses... that must be hell for Martha!

Im tired of people saying Martha doesnt deserve what happened to her. You lie and break the law there is consequences. SHE IS A HOME DECORATOR PEOPLE!!! She loves to be in the house, guve me a mother fucking break. Shes rich as fuck, why doesnt she build a park inside her house. Maybe the ankle braclet has cut off the blood circulation, and she thinks because she is popular you can do whatever you want, I say send her to jail and give me her money!

"You lie and break the law there is consequences..."

there are right wing fundies everywhere you look doing much worse than Martha ever thought of.
Personally I think they just get their pink panties in a wad because Martha is so much more entrepreneurial than they are and has a better business head.
Maybe cuz shrub bankrupted most of his companies and he is just jealous of her business acumen.
Methinks you should also take advantage of the spell check option at the bottom.

Martha pushes heroin and meth from her front porch swing to all the neighborhood kids.

FBI witness admitted lying. Sentencing guidelines tossed out. Jeeze, if she had male plumbing and donated to the GOP she would have been a free man long ago!

is the criminal one.

Bucknum: Biogen Counsel Quits After Well-Timed Stock Sale
Greg Levine, 03.10.05, 12:26 PM ET

NEW YORK - Doers and doings in business, entertainment and technology:

Did somebody miss the ImClone Systems (nasdaq: IMCL - news - people ) story? Biogen Idec (nasdaq: BIIB - news - people ), said Wednesday that Executive Vice President and General Counsel Thomas Bucknum had resigned, effective immediately. Regulatory filings revealed that Bucknam sold 89,700 Biogen shares on February 18--the same day the biotech learned of problems with its breadwinner drug Tysabri--and made over $1.9 million from the sale. Just ten days later, Biogen voluntarily pulled the multiple sclerosis drug from the market and its shares plunged 43%. The company has been hit with a spate of lawsuits claiming that managers withheld information about Tysabri, which has caused the death of one patient and serious illness in another. Spokesman Jose Juves told the Associated Press that Biogen wouldn't say whether Bucknum's resignation was related to the lawsuits. The company named Anne Marie Cooke, former vice president and chief corporate counsel, as acting general counsel.

http://www.forbes.com/facesinthenews/2005/03/10/0310autofacescan04.html?partner=yahoo&referrer=

Hence, Bucknum quits the job and walks away with 1.9 million and no one even looks twice!

YOU GO MARTHA and you USE THIS as just one reason (or one of them!) for demanding a fair trial!

FREE MARTHA!!!!

:kick:

would not be approved?

Did they ever LOOK for that person?

and then, someone died and they pulled it quickly. It was all a sick set-up from day one. How many more must DIE?

We need to nail BUCKNUM!

:kick:

ever charged with inside trading. It was her sale of 2 mil shares that started Martha's problems and I'm sure she didn't sell those shares without knowing what was going on. If I'm not mistaken other family members also sold their shares, but only Martha was targeted.

she was sentenced to, what, six months and now six more of house arrest in her palatial mansion? give me a break. of all the people who might have received sentences that should now be reconsidered in light of the Booker opinion, she is way down on the list. where is the up roar and front page headlines calling for the re-sentencing of the 20 year old kid who, convicted for selling a few rocks of crack, has been sent away for 30 years because that was what the guidelines then mandated.

setting aside the justice in prosecuting martha while many other corporate raiders go unpunished (which, by the way, had she just cooperated initially with the investigation she would have gotten little more than a small fine like so many others in her position), it is ridiculous to see these white collar defendants expend hundreds of thousands of dollars on teams of lawyers to avoid relatively short sentences in minimum security facilities while the poor are given a single, over-worked attorney when they facing enormous jail terms. if anyone deserves reconsideration of their sentences following Booker it are these people, not the rich corporate executives who let greed overcome their judgment and are now indignant that they are not above the law.

Im tired of people saying Martha doesnt deserve what happened to her. You lie and break the law there is consequences. SHE IS A HOME DECORATOR PEOPLE!!! She loves to be in the house, guve me a mother fucking break. Shes rich as fuck, why doesnt she build a park inside her house. Maybe the ankle braclet has cut off the blood circulation, and she thinks because she is popular you can do whatever you want, I say send her to jail and give me her money!

...small potatoes compared to the real crimes committed by millions of other people. I don't even see this "crime" on a par with jay-walking, to be completely honest. The cost to convict Stewart for this "crime" way overshadows the nature of the crime itself, IMHO.

If you fail to see the difference between the potential for life-long addiction by smoking even a single rock of crack, compared to one insignificant insider trading violation, then perhaps you need to sit down and reevaluate your thinking on such issues.

Additionally, maybe you ought to focus your hatred on corporate executives that actually deserve to be prosecuted to the fullest extent of the law. You should be screaching about People like Ken Lay, a CEO who destroyed thousands of people's lives by the decisions he and his managment team made.

and I'm certainly not comparing the relative societal detriment caused by the crime of insider trading and distribution of narcotics. but the argument of "other's did things worse than what she did" is just ridiculous in my opinion, nor should the prosecution of a crime be dependent on the cost to bring it to trial - fyi, a vast majority of the drug convictions that land people in our jails involve small amounts, the cost of prosecuting them and jailing them is clearly much more than the cost of the crime itself.

my point is that her bitching and making (pardon the pun) a federal case about the sentence she got for breaking the law and being convicted by a jury amounts to nothing but a whole lotta "wha" when compared with the plight of countless other people who've been sentenced for simply draconian terms under the guidelines.

if you feel that sending people away to jail for 30 years to life because they sold 5 grams or more of drugs on three occasions, then maybe you should "sit down and reevaluate your thinking on such issues."

...you are DEFINITELY screaching. And on top of that, now you're trying to redirect the conversation.

For the record, I had nothing to say about whether or not sentencing is carried out in a fair manner in this country. My focus was purely on Martha Stewart's alleged "crime" as compared to real crimes committed every day in every state. Additionally, she was convicted partially on the testimony of a federal agent who admitted that he lied.

I have nothing to reevaluate in terms of my thinking...but I still believe that you do. In fact, I feel that even stronger after your last post.

.....then re-read my original post and yours to see who is "re-directing the conversation."

the point i was making was about the sentencing discrepancies and how in my opinion that is a bigger issue than whether martha's paltry sentence under the guidelines is worthy of complaining about now that the guidelines are advisory. so my response to you was in an attempt to re-direct the conversation back to what i was originally commenting on.

sure, there is injustice in a lot of sentencing, but this is about martha, who will have some trouble running her company as a convicted felon. that's the main reason she is fighting to get her sentence overturned - not the bracelet.

she "will have some trouble running her company as a convicted felon"????

what conceivable trouble could she be facing as the head of the company? its not like she has to report to someone and sign a time card. there is nothing her her probation that prevents her from doing business from her house. what's stopping her from setting up an office in her mansion? she's the boss. have the people come to her for meetings. with the internet, video conference, etc., there's no reason that she has to even go into the ny offices - or any office for that matter.

so short of her inability to attend business dinners away from her house for the next 5 months, i fail to see any affect on her ability to manage and run the company her home detention will have. sure she has the label of "convicted felon", but re-sentencing under the new advisory sentencing regime will not change or remove that. its not as if the conviction, based on this motion at least, will be overturned.

Im tired of people saying Martha doesnt deserve what happened to her. You lie and break the law there is consequences. SHE IS A HOME DECORATOR PEOPLE!!! She loves to be in the house, guve me a mother fucking break. Shes rich as fuck, why doesnt she build a park inside her house. Maybe the ankle braclet has cut off the blood circulation, and she thinks because she is popular you can do whatever you want, I say send her to jail and give me her money!

Martha is under house arrest.

Westcor is in LUBBOCK!

s/he must be high... keeps forgetting that s/he already posted it ;-)

He/she probably worked on that post all day. /sarcasm

...REAL crimes instead of the insignificant insider trading deal allegedly committed by Stewart.

She was convicted of lying about something for which NO ONE WAS EVER CHARGED. If that's not a kettle of funky fish, I don't know what is...

attention span of so many people. You seem to think she was convicted of a crime for which she was not charged. In addition, the felon on the jury talked about insider trading issues during delibertations of her trial. Thus, apparently everyone on her jury thought she was charged and convicted of crimes she was not charged with, much less convicted of.

She only hurt herself with her stock trades - no one else loss money. Enough is enough. Her biggest sin - her name wasn't Mike Stewart and as smart and strong as she is, she still couldn't grow a penis.

...and I also agree with your comments 100%.

By the way...my attention span is quite a bit longer than I have demonstrated in this thread. I just didn't like the way some posters were getting ugly with Stewart when there was no good reason for it.

George Bush, and his entire cabinet, Ken Lay, (oh I could go on and on) accountable, and they would go to jail too?

Or are you just here to post the same thing over and over again, hoping it will make more sense than the last time you posted it?

She broke the law, did her time, now ignore her and get on with life.

Ban all Stewart posts from LBN (unless they be John).

Now it makes more sense.

Why don't you give US a break and post your mindless spam somehwere else?

/Bush
//getting it wrong
///missing the point
////as usual