Update: Phil Anschutz will be the first defense witness tomorrow morning. ******* The prosecution’s case against former Qwest CEO Joseph Nacchio is winding down. The prosecution may rest today. After it rests, the defense will make a Motion for Judgment of Acquittal, arguing that insufficient evidence was presented by the Government from which a jury could return a guilty verdict. It’s a motion that is made in every case, mostly to preserve the appellate record, and very few of them are granted. The defense may call all or some of the witnesses on its witness list. They include:

Anschutz, Phillip A. Borteck, Robert Clarke, Richard Colia, Deborah Fischel, Daniel Freidman, Louis Hammer, M.D., Harvey Hays, Abbot Giles, O.S.B. Jacobsen, Stephen Johnston, George Matthews, Thomas Payne, James F. X. Sirkin, Michael Tarpey, Michael Tempest, Drake Tiano, Salvatore Wandry, Dean White, Jonathan Young III , George H. “Woody” Woodruff, Robert All persons listed on the Government’s witness list

Everyone is anticipating Phil Anschutz’s testimony. I’m sure a lot of people are wondering whether Nacchio will testify. If he doesn’t, the jury will be instructed they cannot even consider this during their deliberations. Nacchio does not have any burden of proof. He does not have to prove his innocence. It’s the government’s job to prove him guilty beyond a reasonable doubt. I would be surprised at this juncture if Nacchio testifies in his own defense. All of the points the defense has raised either have been brought out during cross-examination of the Government’s witnesses or will be brought out through its own witnesses.