There are two different accounts of a phone message broker Peter Bacanovic (search) left for Martha Stewart (search) on Dec. 27, 2001, the day she sold ImClone Systems stock. Jurors are considering a count of perjury against Bacanovic that accuses him of lying in sworn testimony to the Securities and Exchange Commission on Feb. 13, 2002, about the message.
-- Message as recorded in Stewart assistant Ann Armstrong's (search) computer log:
"Peter Bacanovic thinks ImClone is going to start trading downward." She later testified Bacanovic never mentioned the stock price in his message, and that she would have included it in her log if he had.
-- Excerpts from Bacanovic's SEC testimony:
Q: "And you specifically told [Armstrong] that ImClone stock was dropping?"
A: "No. We just gave her the price of the stock."
Q: "When you called [Armstrong], can you just try and think, to be as specific as possible, when you asked her to ask Ms. Stewart to please call you back, did you say, 'It's urgent, call me back immediately?' Something like that?"
A: "No. I said, 'I would like to speak with her, if possible, today and regarding ImClone and the current price of the stock is.' Understanding that she is in transit and that she sometimes is very, very hard to reach."