Nacchio on way to Denver for court hearing

By Andy Vuong
The Denver Post

April 30, 2010

 

 

Former Qwest chief executive Joe Nacchio is on his way to Denver under a federal escort and will appear in custody at a court hearing Tuesday.

Nacchio, serving a six-year prison term at a federal prison camp in Pennsylvania for criminal insider trading, has been taken to a federal transfer center in Oklahoma City, according to the Bureau of Prisons website.

U.S. District Judge Marcia Krieger has set a hearing for Tuesday to determine whether Nacchio wants to waive all future court appearances, including his resentencing in June.

Nacchio attorney Sean Berkowitz has said in court filings that Nacchio wants to waive his right to attend the resentencing. But Krieger has refused to accept a written affidavit, stating that she wants to hear it from Nacchio in person before granting the waiver.

The court hearing is scheduled for 3 p.m. Tuesday at the federal court house in Denver.

The hearing is open to the public. Nacchio is expected appear in handcuffs and his prison outfit.

While in town, he is expected to be housed at the federal correctional institution in Englewood.

Nacchio was convicted on 19 counts of insider trading in 2007 connected to his sale of $52 million in Qwest stock.

He began serving his six-year term last April.

In July, an appeals court panel granted him a resentencing, ruling that the trial judge erred during the initial sentencing. The order means Nacchio's sentence could be shortened.

The trial judge, Edward Nottingham, has since resigned. Krieger cited the fact that she didn't oversee the trial as one reason in mandating Nacchio show up in person to waive his appearance at the resentencing.

Andy Vuong: 303-954-1209, avuong@denverpost.com or twitter.com/andyvuong