One down, four to go.

A federal judge on Friday threw out the most serious charge against Martha Stewart, securities fraud, just before her trial goes to a jury.

The charge accused Stewart of deceiving investors in her company, Martha Stewart Living Omnimedia, by lying about her sale of ImClone Systems stock.

“Here, the evidence and inferences the government presents are simply too weak to support a finding beyond a reasonable doubt of criminal intent,” the judge wrote.

U.S. District Judge Miriam Goldman Cedarbaum left intact four other charges against the celebrity homemaker - conspiracy, obstruction of justice, and two counts of lying to investigators.

Whatcha think? All charges dismissed by Monday?

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Posted on February 27, 2004
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