Critics greet appellate court's decision with dismay and
By James Paton
Rocky Mountain News
Tuesday, March 18, 2008
Mimi Hull wasn't surprised but was "extremely disappointed."
Mimi Hull was celebrating St. Patrick's Day and enjoying some
corned beef Monday when a TV reporter phoned with news she had
been dreading: An appeals court ordered a new trial for Joe
"I am extremely disappointed, but not surprised," Hull said.
The president of a group of company retirees attended the
December hearing in which three judges heard Nacchio's appeal.
They seemed to be "leaning in the direction" of overturning the
conviction, Hull said.
"The writing was on the wall."
She noted that Nacchio's alleged insider trading occurred in
2001, and by the time another trial occurs, "it will be eight to
10 years later. That's a long time to wait for justice."
If a second trial takes place in New Jersey
instead of Colorado, she said
she may look up an ex-roommate who still lives in
and relocate temporarily so she can continue to stay invested in
Doug Stoneman, a juror in the Nacchio trial, was driving from
the Butterball plant in
Longmont, where he is a supervisor, to
his home 23 miles away in Milliken when he heard the news on the
"It's kind of discouraging that they would want to do this all
over again, when the decision in the first place was correct,"
he said. "I'm reasonably certain - you can never be totally
certain - that they (a new group of jurors) will do the same
thing we did."
The panel ruled 2-1 that U.S. District Judge Edward Nottingham
improperly excluded testimony from defense expert Daniel Fischel.
"I don't really believe there's anything else (Fischel) could
have said that would have changed anything," Stoneman said.
He added: "I had confronted the possibility that they could
overturn the whole thing, but I just thought they would have
done a better job evaluating it. This was a very thoughtful
decision delivered by the jury."
Hazel Floyd, a former U S West employee and former president of
the Association of U S West retirees, said she was upset by the
"I just wish this expert had been allowed to testify at the
previous trial, then there wouldn't have been an excuse to retry
this," she said. "I don't think the testimony would have made a
patonj@RockyMountainNews.com or 303-954-2544