Martha Stewart’s hopes of avoiding prison could rest in the hands of her longtime financial adviser Heidi De- Luca, who will take the witness stand this week to back up her boss’ claims she had a pre-existing agreement to sell her ImClone shares.
With sources telling The Post yesterday it’s extremely unlikely that either Stewart or stockbroker Peter Bacanovic will testify, DeLuca’s testimony will become the defense’s lynchpin.
DeLuca will tell jurors she had a conversation with Bacanovic in the weeks before Stewart’s ImClone trade in December 2001 in which he said he was advising the domestic diva to sell if the shares fell to about $60.
She will also dispute testimony offered by the government’s star witness, rookie broker Douglas Faneuil, who said DeLuca telephoned him after Stewart’s sale and seemed shocked her boss had dumped her 3,928 shares.
DeLuca, who could take the stand today, will dispute Faneuil’s recollection of the conversation.
Whether the jury believes there was a $60 agreement is critical, as Stewart has argued this was her prime motivation for selling – rather than the secret tip her team now concedes she may have received from Faneuil before she sold on Dec. 27, 2001.
Stewart lawyer Robert Morvillo said he will make a final decision on whether to put his client on the stand after Judge Miriam Goldman Cedarbaum rules today on his motion to throw out the five charges against her.