Prison trip may wait for
His bail request is being considered. A "suspicious growth" on
his leg has been found to be benign.
By Andy Vuong
Friday, March 20, 209
Former Qwest chief executive Joe Nacchio probably will not have
to report to prison Monday as previously ordered, and the
"suspicious growth" on his leg is not cancerous, according to
disclosures Thursday in Denver federal court.
U.S. District Judge Marcia Krieger temporarily suspended her
mandate that Nacchio begin serving a six-year prison term by
Krieger said she wanted time to consider Nacchio's request to
remain free on bail while he seeks a Supreme Court review of his
conviction for illegal insider trading. Krieger's postponement
is contingent on Nacchio's attorneys filing the petition with
the Supreme Court by today.
Krieger rejected a similar request last week.
It's possible Krieger will deny bail today and order Nacchio to
report to a Pennsylvania prison camp
Monday. She didn't say when she would issue a ruling. In a
hearing Thursday, Assistant U.S. attorney Kevin Traskos argued
Nacchio could still seek bail while behind bars.
The Supreme Court petition is expected to cover issues related
to the exclusion of expert testimony, materiality and jury
instructions covering materiality, according to Nacchio attorney
Everett Johnson. The same issues are addressed in the bail
motion before Krieger.
Earlier Thursday, Johnson said a biopsy on a growth removed from
Nacchio's leg was benign.
Nacchio sought to delay his first day in prison in order to
receive medical treatment for the growth. Krieger denied the
request, saying the federal prison could treat it.
Nacchio, 59, was not in court Thursday. Court records suggest he
is in Florida. His wife, Anne
Esker, owns a $9.5 million mansion in Jupiter.
Also Thursday, lawyers for both sides said Krieger did not have
to remove herself from the case because of her work with a legal
task force at the University of Colorado Law School. A task
force member is married to a prosecutor connected to the Nacchio
Andy Vuong: 303-954-1209 or