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Legal Perspective: Scott Peterson, Martha Stewart

Aired January 20, 2004 - 10:10   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

DARYN KAGAN, CNN ANCHOR: Let's take a look at these latest legal developments through the eyes of an expert. For that, we turn to former prosecutor, now CNN legal analyst, Christopher Darden.
Welcome up early in L.A.

CHRISTOPHER DARDEN, CNN LEGAL ANALYST: Good morning. Good morning.

KAGAN: Good morning, Chris. Good to have you here with us.

Do you think the judge will reconsider this decision, like, if it was a fake survey, maybe we won't move the trial after all?

DARDEN: Well, I think judge will reconsider his decision. And I think that what he'll do is re-analyze the facts as he sees them, excluding from his analysis the survey prepared by Cal-State Stanislaus, and probably come to the same conclusion as before.

KAGAN: Still got to go.

DARDEN: Yes, still got to go. Still got to go.

KAGAN: I wonder, though, what do you really gain? Those three Bay area counties -- San Mateo, Santa Clara and Alameda -- they're not that far away from Modesto. What do you really gain by moving there as to, say, southern California?

DARDEN: I think that's a very valid point. You really gain very, very little. Modesto is very close to San Mateo County, extremely close to Alameda County, and Santa Clara County as well, the same media in all three counties and in the city of Modesto, so that if you're the defendant in this case you don't really gain much of an advantage.

In my view, the proper place to move this case is to southern California and Orange County.

KAGAN: What will the judge weigh, though, in seeking a specific county? Doesn't cost come into it as well, and convenience?

DARDEN: Absolutely. The cost of the trial, the cost of transporting witnesses back and forth, the convenience for witnesses and to the witnesses. And, of course, you know, the judge lives in Stanislaus County. He doesn't want to have to commute to John Wayne Airport every week and be away from his family as well. And so, there are personal factors, as well as factors of cost and convenience. KAGAN: It’s not that there is anything wrong with John Wayne Airport, the lovely little airport in Orange County.

DARDEN: We love it.

KAGAN: Yes.

DARDEN: We love it.

KAGAN: It's very convenient. When do you think this trial will start?

DARDEN: You know, it's not clear. It's scheduled for January 26. It won't happen or begin on January 26. You know, the judge is going to have to select the county where the trial will be held. And then you can expect the case to probably go to trial 45 to 60 days later. All of the pretrial motions will continue to be held in Stanislaus County.

KAGAN: OK. I want to ask you a couple of questions about Martha Stewart now and the jury selection. If you're one of the attorneys, both on the defense or the prosecution, what kind of questions do you ask these potential jurors? I mean, do you decoupage, or do you garnish? Is this what you want to know?

DARDEN: Well, you know, that is one of the things that you want to know. If you're Martha Stewart's lawyer on this case, you want someone who has a positive image of Martha Stewart. You want women, successful women certainly, but women who might respect Martha Stewart and all that she has accomplished in business.

And if you're the prosecution, you want someone who is perhaps a little older in age, has traditional values, someone close to retirement, someone who has retired, pensioners, a juror who might want to send a message to people like Martha Stewart and those who might commit corporate fraud or corporate waste just to send a message. So, you know, they're looking for two different kinds of jurors on each side in this case.

KAGAN: And I think one thing that's interesting about this case in particular is it's not an open-and-shut case for either side.

DARDEN: It is not an open-and-shut case on either side, although when you read the indictment and you look at the factual allegations made against Martha Stewart in the indictment, clearly they have some evidence to back up -- that is the prosecution. They have evidence to back up these allegations.

And I think, in the end, the jury will be faced with a situation where many will conclude that Martha Stewart may not have been truthful with federal investigators. The issue with them will become whether or not these so-called lies were material and whether or not these jurors think a conviction is worthwhile in this case.

KAGAN: Spoken like a prosecutor. Once a prosecutor, always a prosecutor. Thank you, Chris. Appreciate it. Thanks for getting up early.

DARDEN: You're welcome.

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