Prosecutors Blocked in Stewart Case
02/03/2004 AT 07:39 PM EST
"We don't know exactly what those documents were that were removed," prosecutor Michael Schachter told U.S. District Judge Miriam Goldman Cedarbaum, who countered by saying the point was irrelevant.
Bacanovic's attorney, Richard Strassberg, claimed that the only documents removed were personnel files, and that Merrill officials authorized their withdrawal. Strassberg labeled Schachter's attempt to put the issue before the jury "disingenuous."
Stewart, 62, and Bacanovic, 41, who have pleaded not guilty to all the counts against them, are charged with concocting a false story to explain why she sold nearly 4,000 shares of ImClone Systems stock on December 27, 2001, right before a negative government report was made public.
Bacanovic's former assistant, Douglas Faneuil, was expected to testify later Tuesday. His testimony is vital to the government's case against Stewart and the events leading up to her stock sale. The testimony is expected to support prosecutors' accusations that Bacanovic ordered Faneuil to tip off Stewart.