Prosecutors seek son's medical records
By Andy Vuong, Staff Writer
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
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
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.