day of Nacchio deliberations
By Andy Vuong, Staff Writer
Tuesday, April 17, 2007
Article Last Updated: 04/17/2007 11:04:02 AM MDT
Jurors in former Qwest CEO Joe Nacchio's insider trading case
trickled in to their 10th-floor jury room this morning, some in
pairs and others by themselves.
Today is their fourth day of deliberations.
No sooner did they begin deliberating when they asked U.S.
District Judge Edward Nottingham for a "precise definition of
After conferring with prosecutors and defense attorneys,
Nottingham offered to re-read the entire jury instructions to
the jurors. Nottingham told them that he couldn't just read a
part of the instructions because it would put unfair emphasis on
that portion of the instructions.
The jurors retired to their deliberating room to decide whether
they wanted the instructions re-read to them. Meanwhile, the
parties in the case, including Nacchio, have remained in the
courtroom, awaiting the jury's decision.
Nottingham's courtroom is in recess until there is a verdict or
a question from the jurors.
Otherwise, the next time the parties will reconvene in the
courtroom is 5 p.m. today to dismiss the jury of eight men and
As taken from the trial transcript, the jurors were asking for
the definition of the word "material" as applied to facts or
Judge Nottingham's instructions to the jury stated: "In order
for you to find a "material" fact or a "material" omission, the
government must prove beyond a reasonable doubt that the fact
misstated or the fact omitted was of such importance that it
could reasonably be expected to cause or induce a person to act
or to cause or to induce a person not to act with respect to the
securities transaction at issue.
"Information may be material even if it relates not to past
events but to forecasts and forward-looking statements, so long
as a reasonable investor would consider it important in deciding
to act or not to act with respect to the securities transaction