updated 8/11/2004 11:46:22 AM ET 2004-08-11T15:46:22

A federal judge declined to throw out perjury charges Wednesday against the Secret Service ink expert who testified for the government at the Martha Stewart trial.

Judge Denny Chin of Manhattan federal court also refused to move the trial of the expert, Larry Stewart, from New York to Washington, where he lives.

Larry Stewart, who is not related to Martha Stewart, is accused of lying repeatedly on the witness stand during the trial, mainly by exaggerating his role in ink-analysis testing of a stock worksheet that was used as evidence.

Lawyers for Larry Stewart had argued that the issue of his personal involvement in the testing was not "material" to the jury's verdict.

But Chin ruled that the issue is "obviously something that would be significant to a jury, to the jury's evaluation of the testimony, to the jury's evaluation of the credibility."

Martha Stewart and her former stockbroker, Peter Bacanovic, were each sentenced to five months in prison and five months of house arrest for lying about a 2001 stock sale by the domestic entrepreneur.

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