Barring Business Law Expert Witness in Qwest Trial A Mistake

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The National Association of Criminal Defense Lawyers says a judge erred in barring a defense expert witness while allowing two similar experts for the prosecution in the criminal conviction of Qwest Communications chief Joe Nacchio. The NACDL said the judge’s decision allowed government experts to be “effectively unchallenged.” CNNMoney.com also writes:

Allowing Nacchio’s conviction to stand would ‘create an uneven playing field, especially in complex criminal trials such as white-collar cases, in which experts are increasingly important,’ according to the document.

Barbara Bergman, a University of New Mexico law professor and president of the group, said the expert was Daniel Fischel, corporate law expert witness, who was to testify about Qwest’s guidance and its impact on the financial markets during 2000 and 2001.