Court overturns conviction of ex-Qwest chief

0 Comments | AFP, March, 2008

DENVER, Colorado (AFP) — A US appeals court on Monday overturned the conviction of the former chief of imploded telecoms giant Qwest Joseph Nacchio and sent the case back to court.

The 10th Circuit Court of Appeals in Denver ruled that the exclusion of key testimony from an expert defense witness during Nacchio's hearing last year had resulted in an unfair trial.

"The improper exclusion ... prejudiced Mr Nacchio's defense so we must reverse his conviction," the three-judge panel ruled in a written opinion.

"However because the evidence the government presented was sufficient, the government may try him a second time."

Prosecutors described the ruling as a "a setback not a defeat."

"The good news is the Circuit Court said our trial team...