Jury 'confusion' may help Martha

US LIFESTYLE guru Martha Stewart may have received another boost in her fight to clear her name after the judge in her case admitted that many potential jurors did not understand the charges against her.

Judge Miriam Goldman Cedarbaum said they believed she was accused of insider trading but in fact she faces charges of obstructing justice and securities fraud.

Legal experts said the distinction could be key to Stewart's defence, headed by Robert Morvillo, because a jury may be much less inclined to convict her of a cover-up if she has not been charged with the crime itself.

On Thursday, the government, defense lawyers and the judge continued the task of interviewing jurors one by one to screen for bias. A jury of 12 is expected to be seated Monday at the earliest.

'I will see to it that the jury does not believe that there is a charge of insider trading,' Judge Cedarbaum said after Morvillo complained that many potential jurors taking part in the selection process were confused.

The problem arises because Stewart was investigated for insider trading after she sold shares in ImClone, a drug company run by her friend, Sam Waksal. However, prosecutors did not secure an indictment against her for insider trading, a criminal offence, but have brought a civil suit of obstruction, in which the standards of proof are not so onerous.

Prosecutors claim Stewart and her stockbroker, Peter Bacanovic, tried to hide evidence and falsify documents.

The case continues.

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