U.S. District Judge Edward Nottingham issued an order today excluding two government witnesses who would have testified to support prosecutors’ contention that Joe Nacchio backdated a stock-sales instruction in December 2000.
Prosecutors have said Nacchio backdated the document to Nov. 3, 2000, to make it appear he was complying with insider-trading laws. The witnesses are computer metadata analysts who researched Qwest computer records to determine the document was backdated.
Nottingham granted a Feb. 27 motion from Nacchio’s attorneys claiming that the government stated it would not be presenting expert testimony during the trial. Nottingham said the government did not give the defense enough notice when it changed its plans in February
