Martha's Plea for Appeal

ByABC News
July 15, 2004, 1:52 PM

July 16, 2004 -- One-time Clinton White House legal adviser Walter Dellinger will take on the appeal for Martha Stewart after her sentencing Friday morning, and ABC News has learned the details of Dellinger's argument for a stay in her sentence pending appeal.

The appellate expert and former solicitor general, who argued nine cases before the Supreme Court, will steer legal efforts on her behalf from the time of her sentencing on taking over for Bob Morvillo, who leads the defense team to that stage.

Dellinger has been working side by side with the defense team for several months to prepare appeal arguments, even as the defense offered now-thwarted arguments for a new trial, presentencing information to the Department of Probation, and Friday's anticipated arguments for a downward departure from the sentencing guidelines.

Stewart has been convicted on four counts, including conspiracy to obstruct justice, two counts of making false statements, and obstruction of justice, and is expected to face 10-16 months in prison.

But Dellinger will argue to Judge Miriam Cedarbaum that because Stewart's chances of winning an appeal are reasonable, the court should stay any sentence pending that appeal.

ABC News has learned Dellinger intends to focus on an overall pattern of unfairness. Points Dellinger is prepared to raise include:

The perjury by Juror Number 4 (Chapell Hartridge), who failed to disclose a 1997 arrest for domestic assault and an attempted robbery conviction for his son, and the decision to not prosecute.

The perjury by Larry Stewart, the Secret Service national ink expert, and the defense assertion that he is a member of the prosecution and that at least five other persons in the Secret Service knew of the perjury. Additionally, the defense asserts that it would have been reasonable for the government to have known of the risk of prejudicial testimony well before the end of trial, if not before the testimony was given.