The Association of U S West Retirees



Nacchio attorneys say items withheld
By Greg Griffin, Staff Writer
Denver Post
Friday, January 26, 2007

Attorneys for former Qwest chief executive Joe Nacchio complained to a federal judge Thursday that prosecutors are dragging their feet in getting evidence to them as the March 19 trial approaches.

They asked U.S. District Judge Edward Nottingham to compel the government to produce information from witness interviews that would be favorable to Nacchio's defense.

The government is required by law to do so.

Nacchio's attorneys, Herbert Stern and John Richilano, complained that the government recently gave them a list of video interviews that contained 100 interviews they were not aware of.  The list was created Dec. 5, 2005, before Nacchio was indicted later that month, they said.

They also complained that the government had not supplied evidence that Nottingham on Wednesday ordered the government to produce.

A spokesman for the U.S. attorney's office declined to comment.

Nacchio faces 42 criminal counts of insider trading.  The government accuses Nacchio of illegally selling $101 million in Qwest shares from January to May 2001 while he knew the company's financial prospects were deteriorating.  Nacchio has pleaded not guilty.

Nacchio's attorneys said he alone was aware of lucrative classified government contracts that Qwest was likely to win.

On Wednesday, Nottingham ordered prosecutors to turn over evidence that would rebut Nacchio's national-security defense.  The government's evidence in question is classified information that it would use to challenge Nacchio's defense.

Attorneys will discuss the case with Nottingham during a conference this morning.

Staff writer Greg Griffin can be reached at 303-954-1241 or