The Association of U S West Retirees



Prosecutors seek son's medical records
By Andy Vuong, Staff Writer
Denver Post
Monday, July 23, 2007

Federal prosecutors have asked a judge to order former Qwest chief executive Joe Nacchio, who will be sentenced Friday on 19 counts of illegal insider trading, to turn over his son's medical records.

Prosecutors want Nacchio to turn over the records by 9 a.m. Wednesday, according to a new court filing.

The filing, made late Friday, said Nacchio has requested a "downward departure" on his sentence because of the potential effect a "lengthy incarceration" may have on the health of one of his sons, David Nacchio.  It was disclosed during Nacchio's trial that David Nacchio was emotionally ill and had attempted suicide in 2001.

Nacchio's attorneys have submitted two letters from David Nacchio's psychiatrist, Harvey Hammer, in their efforts to reduce the sentence.

Prosecutors, who have recommended that Nacchio be sentenced to seven years and three months, said in the filing that Nacchio's attorneys have denied their request for the records.

"Nacchio has put his son's medical condition in issue," Assistant U.S. Attorney Kevin Traskos wrote in the filing.  "The United States should be able to review David Nacchio's entire medical file maintained by Dr. Hammer in order to be fully informed, and respond accordingly, to this position."

Traskos said Nacchio does not plan on calling Hammer to testify at sentencing.

In a filing earlier this month, Nacchio's attorneys also noted the health of another unidentified family member and his "prior good works" in seeking a lower sentence.