The Secret Service ink expert accused of perjury in the Martha Stewart trial has failed in a bid to get the charges thrown out.
Larry Stewart, no relation to Martha Stewart, was accused of exaggerating his participation in tests of the ink on a stock worksheet.
He argued that when Martha Stewart asked for a new trial, the prosecution claimed his alleged lies would not have changed the outcome.
But federal judge Denny Chin says the standards for dismissing charges and granting a new trial are completely different.
Asked at a hearing in Manhattan whether he had anything to say, Stewart answered, “lots.” But he added, "I can't."
His trial is set for Sept. 20. The judge also denied a request to move it from New York to Washington.