Martha Stewart's bid for a new trial was denied by a federal judge, setting the stage for the lifestyle trendsetter's sentencing next week on her conspiracy and obstruction of justice convictions.
Ms Stewart's lawyers sought a new trial after a US Secret Service laboratory director was indicted for perjuring himself during Ms Stewart's first trial. The technician testified as an expert witness about ink on a worksheet kept by Martha Stewart's stockbroker.
"Because there is no reasonable likelihood that this perjury could have affected the jury's verdict, and because overwhelming independent evidence supports the verdict, the motions are denied," said US District Judge Miriam Goldman Cedarbaum in a 43-page ruling.
The judge also denied a hearing on the matter. This is the second time Judge Cedarbaum has denied the defence team's efforts to win a new trial. She previously rejected arguments that the conviction should be thrown out on allegations that a juror lied on the jury selection questionnaire and made public statements showing his bias against the rich and famous.
"We are very disappointed that Judge Cedarbaum has once again rejected Martha Stewart's request for a new trial without holding a hearing," Robert Morvillo, Stewart's lawyer, said in a statement.
"We continue to believe that the unprecedented double perjury - by both a key government witness and a juror - prevented Martha Stewart from receiving a fair trial."
The defence team plans to raise these and other issues on an appeal to be filed after Ms Stewart's sentencing, scheduled for July 16.
Ms Stewart, who built a media empire on tips for gracious living, was found guilty on March 5 of conspiring with her former Merrill Lynch stockbroker Peter Bacanovic to hide the reason behind her sale of shares in the biotech company ImClone Systems Inc. on December 27, 2001. Mr Bacanovic was also convicted in the case.
Mr Morvillo's latest motion for a new trial concerned lab director Larry Stewart, who is not related to Martha Stewart. The government accuses the technician of lying on the stand when he said he had conducted certain ink work tests himself, when the tests were actually performed by someone else.
He has pleaded not guilty to the perjury charges. US prosecutors argued that Ms Stewart should not get a new trial because her lawyers failed to show the false testimony had any effect on the jury's verdict.
Larry Stewart's testimony supported an allegation that Mr Bacanovic altered Ms Stewart's portfolio worksheet to add an "@60" mark next to an entry for ImClone's stock. However, the jury had acquitted Mr Bacanovic on the one charge related to the marking.
"...the jury convicted defendants of lies that had nothing to do with the $60 agreement. The outcome would have been no different had Lawrence's entire testimony been rejected by the jury, or had Lawrence not testified at all," Judge Cedarbaum said.
Ms Stewart was convicted of one count of conspiracy, two counts of making false statements and one count of obstruction of agency proceedings. Legal experts predict she could get a prison term ranging from 10 months to two years for her crimes.