Can Qwest chief get a fair trial?

DENVER — An attorney for a former Qwest executive charged with fraud said Friday he is concerned that publicity stemming from a "potential indictment" of former Qwest chief executive Joe Nacchio could affect his client's right to a fair trial.

Attorney Gary Lozow asked a federal judge for permission to question prospective jurors about their knowledge of Nacchio when the trial of Marc B. Weisberg, a former senior vice president, begins next month.

"It will be the elephant in the courtroom . . . if we have to pick a jury that has been inundated with that," Lozow told U.S. District Judge Robert Blackburn.

Prosecutors said questions about Nacchio would be improper because they would seek opinions rather than trying to determine the prospective jurors' impartiality.

Blackburn said he would review the questions and issue his final list later this month.

Nacchio, who resigned from Qwest Communications International Inc. in June 2002, has not been charged with a crime. Lozow said he had no knowledge about any federal investigation into Nacchio but wanted to be prepared for the possibility.

Nacchio's attorney did not immediately return a phone call.

The Securities and Exchange Commission has filed a civil suit against Nacchio and other former Qwest executives stemming from an accounting scandal that forced the Denver-based telecom to restate billions of dollars in revenue. Nacchio has denied any wrongdoing.

Federal prosecutors have said only that the Qwest case remains under investigation but declined to comment specifically about Nacchio.

Prosecutors have accused Weisberg, who oversaw mergers, acquisitions and investments, of earning $2.9 million for himself, family members and friends between 1999 and 2001 by demanding that vendors offer them stock in return for doing business with Qwest.

Weisberg was indicted in February on eight counts of wire fraud and three counts of money laundering. Another count seeks forfeiture of the $2.9 million he allegedly made. He has pleaded not guilty.

Lozow raised the issue of Nacchio in a pretrial conference to discuss issues including what questions potential jurors could be asked when Weisberg's trial begins Jan. 3.

Each wire fraud count carries a sentence of up to five years and a fine of up to $250,000. The money laundering counts carry sentences of 10 to 20 years and fines of $250,000 each.