Jury Gets Martha Stewart Case

Martha Stewart's fate now lies with 12 of her peers.

The judge in the domestic diva's obstruction-of-justice trial sent the case to the jury late Wednesday morning, instructing jurors to make their decisions based on common sense and good judgment.

Federal judge Miriam Goldman Cedarbaum told the jury of eight women and four men that there's "no magic formula by which you should evaluate testimony," adding that "in deciding what to believe, remember that you should use your common sense and good judgment."

She noted that accomplice testimony -- the type of evidence on which the government's case rests in large measure -- needn't be corroborated, but "must be scrutinized with particular care." The government's star witness was Douglas Faneuil, an assistant to Stewart's stock broker at the time, Peter Bacanovic.

On Monday, defense and prosecution lawyers alike told the jury that Stewart's fate should turn on the believability of Faneuil, the 28-year-old former Merrill Lynch clerk who claims to have given her a perfectly timed stock tip at the behest of his boss.

Stewart and Bacanovic, the co-defendants, face five years in prison on charges they obstructed justice by inventing a story that Stewart had an agreement to sell ImClone Systems stock when it fell to $60.

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