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Jury selection continuing, but slowly

Published March 19, 2007 at midnight

U.S. District Judge Edward Nottingham this morning dismissed seven potential jurors from serving in the insider trading trial of former Qwest CEO Joe Nacchio. With attorneys yet to eliminate any jurors of their choosing — and no jurors seated so far — it appears jury selection will continue into tomorrow.

The judge needs to seat 18 jurors — a panel of 12 who will deliberate the case and six alternates. Legal experts say jury selection is particularly crucial in this case, because it is not as clear cut of an alleged crime as other criminal cases, such as murder.

Nacchio faces 42 counts of insider trading for stock sales he made between January and May 2001. Prosecutors say Nacchio sold stock based on non-public, or "insider" information, while intending to defraud other shareholders. Nacchio has pleaded not guilty.

For much of the morning, Nacchio appeared not to be leaving anything up to chance. When attorneys gathered before the judge's bench to question some potential jurors privately, Nacchio joined them, leaning in and listening to the questions and answers — a sight that is extremely rare in criminal cases. After the morning break, however, Nacchio remained in his seat when jurors were being questioned privately.

At the defense table, Nacchio is reviewing paperwork, taking notes and talking with his team of a half dozen attorneys. Family members, including his wife and one of his sons, are seated in chairs immediately behind the defense table.

Nacchio is not all serious, however. When a potential juror commented that he looks at stocks online only if it's been a good day in the markets — and puts it off as long as possible if it's been a bad one — Nacchio laughed, along with the judge and others in the courtroom.

Of the potential jurors dismissed so far, one man was dismissed for health reasons, another because he is a farmer who will need to plant crops before the end of the trial, which is expected to take up to seven and a half weeks. The remaining five — including one woman who works at The Denver Post — were sent home because of media coverage they had seen or heard about the case. The exact reason those jurors have been excused is unknown because those discussions are being held privately, before Nottingham's bench, with attorneys from each side listening as Nottingham questions the potential jurors.

Once the judge has seated 18 potential jurors who have not been excused "for cause" — a work hardship, for example, or knowing too much about the case — attorneys from both sides will get to exercise "challenges," removing potential jurors without giving any reason.

It's during that time that attorneys, using observations from jury selection as well as questionnaires the jurors filled out in advance, will get to shape the jury as much as possible.

Prosecutors will get nine challenges, while Nacchio's defense team gets 13. That means the entire set of 18 could be eliminated, and a second round of questioning by the judge would begin.

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