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Opening remarks possible today
Published March 20, 2007 at midnight
Opening statements could begin this afternoon in the case against Joe Nacchio, the former Qwest CEO accused of illegally selling almost $101 million in stock in early 2001.
But first, U.S. District Judge Edward Nottingham, defense attorneys and federal prosecutors must finish selecting 12 jurors and six alternates to hear the case.
The sometimes tedious process of jury selection took more than eight hours Monday, with Nottingham questioning prospective jurors about subjects including whether they were familiar with the case and whether they had ever lost money in the stock market.
Legal experts say the makeup of the jury is particularly crucial because of this case's complexity. Prosecutors, who have charged Nacchio with 42 counts of insider trading, must prove Nacchio had material, nonpublic - or "insider" - information about Qwest's financial situation and that he intended to cheat or defraud other shareholders when he made the stock sales.
Nacchio, who has pleaded not guilty, did not appear to be leaving anything to chance Monday. When attorneys gathered before the judge's bench to question potential jurors privately, Nacchio at times joined them, leaning in and listening to the questions and answers - a sight rare in criminal cases. At the defense table he reviewed paperwork, took notes and conferred with his lawyers.
By the end of the day Nottingham had excused a dozen jurors "for cause" - either because they knew too much about the case, had a health or hearing problem, or would be unable to serve the length of the trial (expected to take 7 1/2 weeks) - without a financial hardship.
Attorneys also began trying to shape the jury by using "challenges," or a preset number of opportunities to eliminate prospective jurors without giving a reason.
Prosecutors, who may use nine such challenges, eliminated five people.
Among them was a Denver man who works for Habitat for Humanity and a Colorado Springs woman who works at a Catholic Church. They also sent home a temporary laborer from Golden who said he wished he could make half the money executives do but that he holds no ill will toward execs with big salaries.
"If they can get it, I say go for it," he said before being eliminated.
Nacchio's defense attorneys used nine of their 13 challenges, sending home six women and three men.
One of the men was a retiree who spent 48 years working in a Pueblo steel mill. Another is a lieutenant at a prison in Cañon City. The defense also eliminated a woman who serves in the National Guard.
Nacchio, who arrived at the federal courthouse early Monday with his wife and surrounded by attorneys and relatives, appeared relaxed during the questioning.
At times, such as when a potential juror commented that he puts off looking at his stocks online as long as possible if it's been a bad day in the markets, Nacchio laughed along with the judge and others in the courtroom.
He did not comment to reporters and was met Monday morning by just one protester. Tina Tusa of Louisville - who said she's a financial planner for a firm in Cherry Creek - stood outside the courthouse hoisting colorful signs that read "Jail Goes The Weasel," "I Want Cheese With My Nacchios," and "Joe's Golden Parachute Ends Today."
burnetts@RockyMountainNews.com or 303-954-5343. Staff writer James Paton contributed to this report.
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