The Nacchio Trial: The Players

The outcome of this case will be determined, in particular by three people:

The Judge

A University of Colorado law grad, Judge Edward Nottingham was appointed to the bench in 1989 by George Bush senior. Generally apolitical but strict, he had a reputation earlier in his career for ordering 6:30 am motions hearings. Not known as a judicial activist, he nonetheless struck down the federal “no call” list in 2003 on First Amendment grounds, a decision ultimately overturned. Nottingham works hard, is prepared, and knows the rules of evidence. His opinions are workman like and thorough. He reads the briefs. Nottingham is expected to retain firm control over the proceedings.

Lead Prosecutor

Cliff Stricklin, a graduate of Washington & Lee School of Law, has spent much of his career in the government, including a stint as a state district judge in Texas. Added to the Enron Task Force, he participated in two trials, one involving the company’s broadband unit which ended in a hung jury and the other involving Ken Lay and Jeffrey Skilling. He will bring much needed experience to a US Attorney’s office in Denver that has so far prosecuted one significant criminal case involving former employees of Qwest. The case ended with no convictions. Stricklin’s bio can be found here.

Lead Defense Counsel

Herbert J. Stern, a graduate of the University of Chicago Law School, has been practicing law since 1962. As a US Attorney for New Jersey in the early 1970s, he prosecuted organized crime. Appointed to the bench in 1974, he served as a federal judge for 13 years.  He has authored a five volume treatise, Trying Cases to Win.  A sign of his skill as a lawyer: He was hired by Steven Schulman, a recently indicted partner at Milberg Weiss. Just like doctors know the best doctors, lawyers know the best lawyers.  For a hearing where Stern appeared on behalf of Schulman,  go here.  For his biography, go here.