Former Qwest CEO waives right to attend re-sentencing hearings in federal court

Former Qwest CEO appears in Denver federal court

DENVER — A federal judge on Tuesday agreed to let imprisoned former Qwest CEO Joe Nacchio waive his right to attend his re-sentencing hearings in June, but not before Nacchio said he has met better people in prison than some of the people he once worked with.

Nacchio, sporting a shaved head, goatee, glasses and a khaki-colored prison jumpsuit, was transferred from a federal prison camp in Minersville, Pa., for the hearing in Denver.

He and his attorney had insisted in court documents that Nacchio wanted to skip the hearings June 22-24, when U.S. District Judge Marcia Krieger will recalculate his sentence of six years in prison, plus $71 million in fines and forfeitures, for insider trading. An appeals court ruled the sentence was too harsh.

However, Krieger wanted to see Nacchio in person to make sure his decision was informed and voluntary.

Nacchio, who has spent a year in prison, told Krieger he wanted to stay closer to his family rather than be transferred to Denver for the hearings, a trip that can take several weeks as an inmate. He said he spent more than a week in solitary confinement during his transfer for the hearing Tuesday, unable to speak with his lawyer or wife.

He paused and his voice broke as he told of his ill 92-year-old mother who has been in and out of the hospital but still visits him as often as she can. He said he provides her emotional support.

His two brothers also are in poor health, he said. His wife visits him as often as she is allowed, which has been every two weeks, Nacchio said.

He said he serves as the Roman Catholic eucharistic minister to fellow inmates and said there aren’t Sunday services when he isn’t there.

“Everybody I’ve ever met in prison finds it a difficult situation, so the state has accomplished what it set out to do,” Nacchio said.

Earlier, Krieger said Nacchio could make a statement at his re-sentencing hearings, but the former CEO said the time had come and passed.

“I would’ve come if I thought it could make a difference,” Nacchio said, adding that he didn’t think he could contribute that much. “If I could provide some comfort to my family, I’d like to be near them.”

“I’d like to get back as soon as I could and finish my term, whatever you choose to make it,” he said.

Nacchio said it is important for him and his fellow inmates to support each other and that being in prison offers many opportunities to sit alone and think.

“I’ve met plenty of good people in prison,” Nacchio said, adding he’d met better people in prison than some of the people he’s worked with. “But that’s subjective,” he said.

After the hearing, U S West Association of Retirees President Mimi Hull said Nacchio hired the people he worked with.

“So why did he hire such dingbats?” Hull asked.

U S West and Denver-based Qwest Communications International Inc. merged under Nacchio’s leadership. Hull said she attended the hearing on behalf of Qwest retirees, many of whom held Qwest shares as its stock price tumbled.

Prosecutors have said Nacchio sold $52 million worth of stock in 2001 based on nonpublic knowledge that Qwest risked missing its sales targets. Defense attorneys have said Nacchio’s net gains were far less when considering fees and other costs associated with the stock sales, thereby warranting a lesser sentence.

Krieger didn’t comment on Nacchio’s reasons for skipping the June hearings but found him competent to waive his right to attend.

Nacchio was handcuffed before being escorted out of the courtroom.