Former CEO's Attorneys Continue Their Case

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Denver (AP) The judge in the trial of former Qwest CEO Joe Nacchio briefly recessed proceedings this morning to question a juror.

Attorneys told U.S. District Judge Edward Nottingham this morning that a juror said someone -- possibly a news reporter -- asked her last week how she thought the trial was going. The juror said she was riding down in an elevator when she was approached.

Nottingham didn't say anything about the juror but told spectators in the courtroom that it would be a good idea if people just let jurors get on the elevators alone so nothing inadvertent is said. He said he wasn't suggesting anything improper happened.

Lawyers for Nacchio are continuing with their case today, as Nacchio fights allegations of insider trading. The defense has called Daniel Fischel, an expert witness expected to testify about Nacchio's stock trades.

But there's still one looming question: will Nacchio testify?

The defense was supposed to let prosecutors know over the weekend, but neither side revealed the decision publicly. Nacchio and his attorneys declined to comment Monday morning as they entered the courtroom.

Prosecutors have alleged Nacchio sold stock in early 2001 after learning the company was at financial risk and could miss revenue targets.

Defense lawyers say Nacchio sold the stock legally and believed at the time that the company was in good financial shape.

Each of the 42 insider trading counts against Nacchio carries a penalty of up to ten years in prison and a one million dollar fine.

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