Prosecutors ask court to deny Nacchio new trial
By Andy Vuong, Staff Writer
Federal prosecutors said in a filing today that former Qwest
chief executive Joe Nacchio's motion for a new trial and a
change of venue should be denied because pretrial publicity did
not prevent the selection of a fair jury.
"While (Nacchio) has established intense coverage, he has not
established that this coverage was so inflammatory that
prejudice must be presumed," assistant U.S. attorney Kevin
Traskos wrote in the filing.
The filing noted that U.S. District Judge Edward Nottingham
already denied Nacchio's pretrial motion for a change of venue
last year, stating that such motions are "rarely granted."
After six days of deliberations and a month-long trial in Denver
federal court, Nacchio was convicted in April on 19 counts of
illegal insider trading and acquitted on 23 other counts.
Nacchio's attorneys filed the motion for a new trial and change
of venue in June, stating that because "the pervasive publicity
was so intensely negative and long lasting, a new trial should
Nacchio, 58, will be sentenced Friday. Prosecutors have
recommended that he serve 87 months in prison, pay $19 million
in fines and forfeit $52 million in ill-gotten gains. Defense
attorneys have asked for leniency and say the most Nacchio
should be required to forfeit is $1.8 million.
"In brief, it is not reasonable to suggest that a circus
atmosphere reigned at trial due to pretrial publicity," Traskos
wrote in today's filing.
Staff writer Andy Vuong can be reached at 303-954-1209 or