BREAKING: Nacchio convictions thrown out, new trial/judge ordered by baldheadeddork [Subscribe]
Mon Mar 17, 2008 at 10:44:42 AM PDT
The Court of Appeals has thrown out the convictions of former Qwest CEO Joseph Nacchio and ordered a new trial with a new judge.
CNBC reports that the convictions were overturned because Nacchio was prohibited by the presiding judge and national security laws from presenting a proper defense. This is a stunning rebuke of a case that is at the heart of the illegal wiretap program.
Just broke on CNBC - no wire stories links yet. Will update.
UPDATE: Confirmation from CBS4 in Denver
A federal appeals court ordered a new trial for former Qwest CEO Joseph Nacchio on Monday. The court said there was an improper exclusion of Nacchio's expert witness merits a new trial.
The court concluded that the evidence before the district court was sufficient for the government to try him again without violating the Double Jeopardy Clause.
The court ordered the trial be presided over by a different judge.
More from the Denver Post:
The 10th Circuit Court of Appeals has reversed the guilty verdict in the insider trading case of former Qwest CEO Joe Nacchio and ordered a new trial before a different judge. The decision was 2-1 to overturn the verdict.
After a month-long trial in Denver federal court, Nacchio was convicted in April 2007 on 19 counts of insider trading connected to his sale of $52 million in Qwest stock. He was acquitted on 23 other charges.
U.S. District Court Judge Edward Nottingham presided over the District Court trial.
The Post story has more background on the trial, but it doesn't get into the FISA issues. There are a lot of good diaries from the time of that trial if you want to brush up on the details, and I need to refresh my memory before posting what happened at the trial.
But it is exceptionally unusual for an appeals court to both overturn all convictions and order a new trial under a new judge, if the state wishes to prosecute again. That's about as close as an appeals court will get to declaring judicial misconduct in a case.
No word yet if the DOJ will appeal the ruling.
MORE: Rocky Mountain News review of issues in appeal, from last December