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Justice Dept. responds to Nacchio's request for jury questionnaires
By Andy Vuong, Staff Writer
Denver Post
Saturday, May 5, 2007


The Justice Department said in a court filing on Fiday that Joe Nacchio doesn't have the "statutory right" to see how prospective jurors responded to a written questionnaire -- a request made last week by attorneys for the former Qwest chief executive.

Nacchio's attorneys contended that they may "seek a new trial, among other reasons, on the grounds that error may have been committed in the manner in which the expanded jury venire pool of 1,000 was winnowed down to 78 persons."  They said they needed to see responses to the questionnaire to determine whether error was committed in narrowing the jury pool.

Nacchio "has no statutory right to the questionnaire responses, and that whether to provide the responses is a matter within the court's discretion," federal prosecutor Kevin Traskos wrote in a response filed today in Denver federal court.

Nacchio was convicted last month on 19 counts of illegal insider trading connected to his sale of $52 million in Qwest stock in April and May 2001.  He was acquitted on 23 other insider trading charges.  His attorney Herbert Stern has vowed to appeal.

Traskos said in his filing that if Judge Edward Nottingham determines that Nacchio's attorneys can see the responses, any identifying information should be redacted.  Traskos also asked that Nottingham should number the responses and indicate "which of the responses were among the persons selected to appear for voir dire."

Staff writer Andy Vuong can be reached at 303-954-1209 or avuong@denverpost.com.

http://origin.denverpost.com/business/ci_5819578