A federal judge today granted Joe Nacchio’s request to view responses to jury questionnaires, which attorneys for the former Qwest chief executive have indicated may be part of his anticipated motion for a new trial.
In granting the motion, U.S. District Judge Edward Nottingham lambasted Nacchio’s attorneys for suggesting that they were never told how the jury pool was winnowed from 1,000 to less than 100.
Nottingham also said that Nacchio’s legal team appears to be “grasping at straws.”
“Defendant has shown no diligence in pursuing the claim, and it is difficult for this court to regard his present motion as anything other than post-verdict grasping at straws,” Nottingham wrote in the order.
Nonetheless, Nottingham granted Nacchio’s motion, citing two reasons.
“First, as long as private and identifying (information) about prospective jurors is protected, neither the jurors nor the parties would be prejudiced by disclosure,” Nottingham wrote. “Second, and more important, the court believes that disclosure, at this point, might well facilitate and expedite appellate review and avoid possible piecemeal appeals.”
Nacchio was convicted of 19 counts of illegal insider trading and acquitted on 23 others last month. He faces a maximum penalty of 10 years in prison and a $1 million fine on each guilty count.
He also may be ordered to forfeit $52 million in ill-gotten gains connected to the illegal stock sales.
His sentencing is scheduled for July 27.
Staff writer Andy Vuong can be reached at 303-954-1209 or avuong@denverpost.com.
