Nacchio's case will be tried by a different judge.

And thanks to Judge Naughty...

Denver Post article focusing on the Circuit Court's decision to have Nacchio's case tried by a different judge.


Nottingham wrongly, according to the appellate court, excluded an expert witness the defense wanted to present. He didn't even let the defense make arguments on the matter when it came up during the trial.


His demeanor during the trial and sentencing was full of cutting comments and, at sentencing, he included a lecture on morality and greed.


Though the appellate judges weren't specific, they did say that the trial transcript led them to conclude that "it would be unreasonably difficult to expect this judge to retry the case with a fresh mind."


While the appeals court said it wasn't implying bias by sending the retrial to another judge, they sure were saying something. And it wasn't complimentary.



A statement from the USA in Colorado:



March 17, 2008


STATEMENT BY THE U.S. ATTORNEY TROY EIDREGARDING 10TH CIRCUIT’S DECISION IN US v JOSEPH NACCHIO


“This is a setback, not a defeat,” said U.S. Attorney Troy Eid. “The good news is the Circuit Court said our trial team presented sufficient evidence to convict Mr. Nacchio of insider-trading.


“A divided Court ruled that a lone expert witness for the defendant should have testified. This amounts to a legal technicality that can be addressed by retrial.
“We’ve lived with the Nacchio case for six years now, and are fully prepared to wait a little longer so that justice is served.”


Troy Eid

United States Attorney, District of Colorado