NEW YORK, Feb. 23 (UPI) -- The New York judge in Martha Stewart's trial said Monday that the government had failed to turn it into an insider trading case. CNN reported.
"I understand you want to make this an insider trading case," Judge Miriam Goldman Cedarbaum told prosecutors. "The evidence does not make this an insider trading case."
The prosecution rested its case last week and Stewart's lawyers have asked the judge to throw out the case by dismissing all charges because the government had failed to turn the trial into an insider trading case.
Cederbaum could rule at any time on the defense motions. Most observers doubt she will drop all charges.
Depending on how Cedarbaum rules, lawyers for Stewart and her ex-broker, Peter Bacanovic, will take a minimalist defense strategy and are leaning against having their clients testify.
If Stewart and Bacanvic don't get on the stand, that means that as few as five or six witnesses may testify in their favor.
The government says Stewart sold her shares of ImClone because her broker gave her a tip, via his assistant, that ImClone head Samuel Waksal was dumping his shares ahead of some bad news.
