New York, NY, Oct. 8--A former Merrill Lynch & Co. broker indicted along with homemaking icon Martha Stewart on obstruction charges has requested a separate trial from his high-profile co-defendant.
Peter Bacanovic filed the request this week with U.S. District Judge Miriam Goldman Cedarbaum in Manhattan. The judge has already set a Jan. 12 trial date for Bacanovic and Stewart.
Michael Kulstad, a spokesman for the Manhattan U.S. attorney's office, declined to comment on Bacanovic's request.
Bacanovic and Stewart, the founder and former chief executive of Martha Stewart Living Omnimedia Inc., were indicted in June in connection with her sale of ImClone Systems Inc. shares in December 2001. The sale occurred shortly before bad news about ImClone cancer drug Erbitux caused ImClone's stock price to plummet.
Prosecutors say Bacanovic learned that ImClone founder Sam Waksal and his family were selling their holdings, and left a message for Stewart with the news. Bacanovic and Stewart aren't charged with insider trading but rather interfering with the federal inquiry that sought to determine whether Stewart's sale of ImClone stock was improper.
Bacanovic's lawyer, Richard Strassberg, wasn't immediately available for comment.
Stewart on Monday filed court papers asking the judge to dismiss the obstruction and securities-fraud counts against her. Oral arguments on Stewart's motions are scheduled for Nov. 18.
