Lawyer: Nacchio isolated, denied medicine on trip
By P. SOLOMON BANDA
June 13, 2010
The Associated Press
Nacchio was convicted of insider trading in 2007.
Steve Blando of the U.S. Marshals Service said Nacchio had been classified as a "low-priority transfer" for his trip back to Pennsylvania, meaning other inmates got priority on flights in the Justice Prisoner and Alien Transportation System. The marshals' prisoner transportation system, fictionalized in the 1997 movie "Con Air," transports about 350,000 inmates between prisons and courts each year.
Blando said prisoners who are on their way to a court hearing or who present a security risk get top priority. Long trips for prisoners aren't uncommon, he said.
"It's just a lot of logistics involved," Blando said. "We try to operate the system as efficiently as possibly, but it's not quick."
Sean Berkowitz, a Chicago-based attorney who filed paperwork to expedite Nacchio's return to prison camp, did not immediately return a message.
District Judge Marcia Krieger in
Nacchio had asked Krieger to allow him to skip his re-sentencing hearings, arguing he wanted to stay close to his family and traveling to Denver could take weeks as an inmate. If he couldn't skip his hearing, Nacchio asked to be temporarily released from prison so he could pay his own travel costs.
Prosecutors opposed the request and demanded Nacchio be at the hearing. In court documents, they said requiring his attendance met judicial goals such as promoting deterrence and respect for the law.
Krieger denied Nacchio's request to be released to travel but agreed to consider letting him skip his June re-sentencing hearing if he appeared in court for the May 4 hearing. Krieger said she wanted to see Nacchio to determine if his decision was informed and voluntary.
Nacchio had a shaved head and goatee and wore glasses and a khaki-colored inmate uniform at the May hearing.
held in solitary for eight of the last nine days," Nacchio told
Krieger of his trip to
Krieger ruled Nacchio could skip his re-sentencing hearing and ordered he be transferred back to prison camp "as expeditiously as possible."
to court records and Blando, Nacchio was transported from the
courthouse to a federal prison in the
Berkowitz filed an emergency petition May 26 asking Krieger to order Nacchio be returned to prison camp by May 28, saying prison officials in New York denied Nacchio his medication for days and that the Brooklyn facility was a "higher-security and more dangerous facility" than the camp in Minersville, Pa.
also argued Nacchio had not been able to receive visitors for
six weeks and said Nacchio would pay for prison officials to
transport him to
Nacchio arrived at Schuykill on June 7, according to Blando, before the matter could move through court.
Nacchio was convicted in 2007 on 19 counts of insider trading based on allegations that he sold $52 million worth of stock in 2001 based on nonpublic information that Denver-based Qwest Communications International Inc. might miss its sales targets. He was acquitted of 23 counts of the same charge.