Related To Story
Special Coverage
Blogs
Video Blogs
 Fake Travel InvoicesWecht Video Blog: Private Client Prospects |
Bob Mayo's Blog From The Wecht Trial: Day 1
POSTED: 2:08 pm EST January 10,
2008
UPDATED: 2:46 pm EST January 28,
2008
PITTSBURGH -- Channel 4 Action News reporter Bob Mayo is covering the federal trial of Dr. Cyril Wecht at the federal courthouse in downtown Pittsburgh. He will be posting blogs as often as possible from court. These are the raw notes that were sent on his mobile device.
Wecht Day 1 - Jan. 28, 2008 8:30 AM: Courtroom filled, spectators not permitted in without seat open.
8:40 AM: Judge Schwab welcomes jurors. Says after his "lengthier" than usual preliminary jury instructions, government and defense will each get up to 1 1/2 hours for opening statements. Will break after each of those three. Jury will get to choose during breaks when it wants to break for lunch.Judge tells jurors "you are the sole finders of fact" and that "I am the gatekeeper of the evidence." Tells them that to the extent there's any attempt to bring in evidence that is not relevant, "I will deal with it"..."As I have throughout this case."Judge Schwab tells jurors "if I make a mistake, there are very smart people down in Philadelphia who will correct it". (That's a reference to the Third Circuit Court of Appeals.)Tells jurors:
- they must base their decision not on what is *presented*, but on what is *admitted*.
-verdict must be unanimous.
- keep open mind, don't make up mind until deliberations.
- no discussions of case before deliberation.8:49 AM: judge's instructions interrupted by voice from a loud speaker. It repeatedly says "this is a test of the General Services Administration public address system. Stay in your work spaces. This is only a test.". When it finally stops, the judge continues as if nothing happened.Judge Schwab repeatedly emphasizes that what the lawyers say, argue, or says in their questions is not to be considered evidence.
Wecht Day 1 - Jan. 28, 2008 - 9:15 AM Update: Judge explains to jury the nature of the charges: -says government charges Wecht used his public office as coroner for his private financial gain.
-that Wecht defrauded his private clients in connection with his private consulting work.There are 41 counts.1 through 24:
Alleges he sought to defraud, violate his duties owed to Allegheny County and its citizens of their "intangible rights to honest services." These counts related to use of fax machines allege wire fraud.25 to 27
Very similar allegations involving U.S. Mail. These are mail fraud charges.28 to 32
Other alleged acts of fraud involving creation and use of falsified documents concerning his private consulting work. These are wire fraud counts.33 to 36
Same type as above, involving U.S. mail.37 to 41
Allegations of theft concerning an organization that receives federal funs (Allegheny County). These charge embezzlement or fraud involving use of county property, personnel, vehicles, equipment, space for his own private benefit.Judge Schwab tells jury Wecht denies the charges and says that at all times he acted in good faith.9:35 AM: Judge completes jury instructions. There's a break.9:55 Government opening statement by Assistant U.S. Attorney Steve Stallings.
Wecht Day 1 - Jan. 28, 2008 - 9:55 AM Update: Stallings tells jury:
- This may surprise you. This is a simple case. Wecht used his public office for private enrichment. Wecht was coroner from 1996 to 2005.
- Says Wecht made millions of dollars in his private work while coroner, but says that's not a crime. Says the crime is using county resources to do it. That he used county resources to enrich himself.Prosecution says four main areas:
- use of coroner administrative assistants. Says they dealt with Wecht's private clients and files, costing taxpayers hundreds of thousands, saying Wecht money.
- use of deputy coroners as private drivers and go-fers.
-use of county histology lab and technicians for private work.
-used bodies of dead people from the coroner's office to satisfy his private contract obligation to Carlow University in return for lab space for his private business.He says that's the heart of this case.-gave an example of a fax of an allegedly fake invoice. Said the faxing is not the crime, the crime is the scheme. That the faxes are the tip of the iceberg.Says Wecht sent fake receipts to his private business clients, made to look Like they were from a travel agency that had been out of business for years. Inflated charges for air fares, charged for limo rides when driven in county vehicles. Hundreds of times. Heart of case: use of county resources for private business.Says used deputy coroners as private drivers for Wecht and his family. Staff called them "Wecht details".Says Wecht's use of one of two histology lab technicians created county work backlog and grater expenses to taxpayers.Says cadavers provided to Carlow were unlawfully obtained, sent to satisfy his deal for lab space there.Says fraud in this case, both small and large, is a common theme. Says it was done to put money in his pocket at the public expense. Says Wecht took steps to conceal.Says "in plain English, he stole" .. " to make more money, and because he thought he could get away with it."He finished at 10:36 AM.
Wecht Day 1 - Jan. 28, 2008 - 10:50 AM Update: Defense begins opening statement: attorney Jerry McDevitt.-introduces Wecht wife and adult children in audience.
-says no criminal intent to defraud Allegheny County on Wecht's part, and alleged intent must be proven.
-says Wecht is entitled to presumption of innocence.
-promises to point out weaknesses in prosecution case.
- describes "petty" amounts of charges for limo rides and mileage.
- says you won't hear allegations or bribes or kickbacks, that there aren't any.Says officials of other counties never complained... That FBI agent Orsini called them and told the "you've been defrauded".Tells jury employees of coroner's office occasionally did favors for Wecht. Says they did not drive him to airport, that he drove, and they came along so they could have car for county use.Says was simply a man getting a little help in life when a bit too busy.-says the cost of faxes are mere dollars, and he was trying to help people who need his expertise.
-says air fare charges in question were billing errors. That sometimes there may have been charges for more, but sometimes less. Says 99.99 percent unquestioned.Tells jury that histologist George Hollis told people that Wecht didn't know that Hollis was using county facilities, but that the FBI was trying to get him to say it was.Notes: Hollis didn't pay income taxes.McDevitt begins to talk about FBI agent Orsini, but government objects. There's a sidebar meeting with judge.McDevitt tells jurors they should focus like a laser beam on a period in November 2005. Discusses what he says are the most serious allegations-- those about Carlow University. That Wecht traded cadavers for use of a lab.Says only one person knows if that's true, and the prosecution said not one word about her. "A woman of God, Sister Grace Ann Geibel", former president of Carlow University.Says she will be a witness in this case. That she had a vision; she asked Wecht for students at Carlow to observe one of the world's greatest masters at his craft. He says if they'd asked her if there was trading corpses for lab space she would answer "heavens, no".McDevitt: That allegation is central to the government case. "It is a lie. It is a categorical lie."He says state police came to watch Wecht do autopsies at Carlow. That not once before they brought the charge did the FBI or prosecutors talk to this woman of God. Says government knew it was false.McDevitt tells jury the allegations were false from the get-go.Says unclaimed bodies are a fact of life. That the coroner has the authority to dedicate them for teaching purposes, and that's exactly what was going on at Carlow.Says "don't be misdirected"On the mileage charges: says dollar figures are minor. Says even after the allegation, district attorneys from neighboring counties continued to call upon Wecht. Says DAs will testify.McDevitt says he will "separate the big lies from the small truths". Calls Wecht the most competent elected official in the history of the county. A priceless part of the fabric of our area -- "'CSI' before anyone ever heard of it."Says everything he did brings prestige to his office and to the area.Says will promise you he is the "best deal Allegheny County ever had."Tells jury they should "repudiate the prosecution in its entirety".Finished at 11:48 AM.
Wecht Day 1 - Jan. 28, 2008 - 1:04 PM Update: Government calls Dr. Edward Strimlan. Currently chief forensic investigator for Allegheny County Medical Examiner's Office (formerly the Coroner's Office). Questioned by Assistant US Attorney Jim Wilson. In charge of day-by-day work of forensic investigators (formerly called deputy coroners). First hired Sept 17, 1990 as deputy coroner. 200: promoted to Senior Deputy. Later the Assistant Chief Deputy.(Note: I will not be live blogging the testimony in the same detail as the opening arguments. I will selectively add notes, as we go.)Coroner's office only has jurisdiction inside Allegheny County. Tell jury who is involved in autopsies. How many in people work in various sections.Average day: brought in on average 1,200 to 1,700 bodies a year. Never know what would happen per day.Autopsy technicians are like nurses are to doctors. Open up bodies, turns organs over to pathologist, who dissects them. Four forensic photographers. Histology is taking body tissues, taking dissections, making slides to analyze.Lengthy questioning establishing procedures and circumstances for autopsy. Getting to questions about what happens to a body that is not claimed. Put in cooler until arrangements are made for disposition.How long can it take when next of kin does not immediately come forward? If no family, will usually hold about 30 days until the body is cremated. If family says it wants nothing to do with it, may be cremated sooner. More details about procedure in cases of unclaimed bodies.Now asking about "Wecht details." Taking Wecht to airport, get mail, etc. Entered into a logbook. (Though not all.)He got instructions to drive Dr. Wecht and his family to various places. Now describing examples, including trips back and forth between Coroner's office and Wecht law office.Picked up and drove Wecht's family on multiple occasions. Discussing example of taking Mrs. Wecht to a playhouse on the South Side, drove Dr. Wecht and son David Wecht downtown, waited for them. Was on duty, in uniform at time. Was it a favor? No. Did it because he was told to. Did anyone inquire as to whether you were busy? Not that I recall, sir. Ever? No.Ever drive him to the airport. He drives. With Dr. Wecht you're a passenger. If Dr. Wecht was going to the airport, he'd then turn (county) car back over to us, we'd park it in his spot. When you made these multiple trips, were you in uniform, on duty? Yes. Were you able to perform your deputy coroner duties at the time? No, sir.When multiple members of family, could involve a "caravan" effect of multiple cars.Ever get instructions in connection with Pittsburgh Steelers games? One of Wecht's sons worked on sidelines of game as member of medical staff. Dr. Wecht called him and instructed him to drop him off and pick his son at the game. Doing it as favor? Did it because told to.Ever cases involving political events. One for Sheriff DeFazio on Mt. Washington. Drove Wecht. Told him to wait in the car because the valets are too slow. On duty? In uniform? Yes.Incident involving hot dog stand? David Wecht running for office. There was a promotion at stadium. Person with hot dogs hadn't arrived yet. He was told to take coroner's van to go to Giant Eagle to buy hot dogs. Delivered them back at gate at Three Rivers Stadium. Again, he was on duty at the time.Recall ever making trips back and forth to St. Francis Hospital. Yes. Wecht's office used to be there. Back and forth to deliver things, pick up newspapers. Almost daily.Recall deputy coroners, including himself sent to get theater tickets? Yes, sir. Did that once at the Benedum Center. Once other deputy coroner did it, but he was sent to exchange the theater tickets for different seats.Deputy coroners got overtime or "comp" time for doing Wecht details.Wecht had him out vouchers for medicine reimbursements for Wecht grandchildren.(still on stand... it's 2:28 pm as I write this.)
Check back soon for more updates from court.
Wecht Day 1 - Jan. 28, 2008 8:30 AM: Courtroom filled, spectators not permitted in without seat open.
|
|
- they must base their decision not on what is *presented*, but on what is *admitted*.
-verdict must be unanimous.
- keep open mind, don't make up mind until deliberations.
- no discussions of case before deliberation.8:49 AM: judge's instructions interrupted by voice from a loud speaker. It repeatedly says "this is a test of the General Services Administration public address system. Stay in your work spaces. This is only a test.". When it finally stops, the judge continues as if nothing happened.Judge Schwab repeatedly emphasizes that what the lawyers say, argue, or says in their questions is not to be considered evidence.
Wecht Day 1 - Jan. 28, 2008 - 9:15 AM Update: Judge explains to jury the nature of the charges: -says government charges Wecht used his public office as coroner for his private financial gain.
-that Wecht defrauded his private clients in connection with his private consulting work.There are 41 counts.1 through 24:
Alleges he sought to defraud, violate his duties owed to Allegheny County and its citizens of their "intangible rights to honest services." These counts related to use of fax machines allege wire fraud.25 to 27
Very similar allegations involving U.S. Mail. These are mail fraud charges.28 to 32
Other alleged acts of fraud involving creation and use of falsified documents concerning his private consulting work. These are wire fraud counts.33 to 36
Same type as above, involving U.S. mail.37 to 41
Allegations of theft concerning an organization that receives federal funs (Allegheny County). These charge embezzlement or fraud involving use of county property, personnel, vehicles, equipment, space for his own private benefit.Judge Schwab tells jury Wecht denies the charges and says that at all times he acted in good faith.9:35 AM: Judge completes jury instructions. There's a break.9:55 Government opening statement by Assistant U.S. Attorney Steve Stallings.
Wecht Day 1 - Jan. 28, 2008 - 9:55 AM Update: Stallings tells jury:
- This may surprise you. This is a simple case. Wecht used his public office for private enrichment. Wecht was coroner from 1996 to 2005.
- Says Wecht made millions of dollars in his private work while coroner, but says that's not a crime. Says the crime is using county resources to do it. That he used county resources to enrich himself.Prosecution says four main areas:
- use of coroner administrative assistants. Says they dealt with Wecht's private clients and files, costing taxpayers hundreds of thousands, saying Wecht money.
- use of deputy coroners as private drivers and go-fers.
-use of county histology lab and technicians for private work.
-used bodies of dead people from the coroner's office to satisfy his private contract obligation to Carlow University in return for lab space for his private business.He says that's the heart of this case.-gave an example of a fax of an allegedly fake invoice. Said the faxing is not the crime, the crime is the scheme. That the faxes are the tip of the iceberg.Says Wecht sent fake receipts to his private business clients, made to look Like they were from a travel agency that had been out of business for years. Inflated charges for air fares, charged for limo rides when driven in county vehicles. Hundreds of times. Heart of case: use of county resources for private business.Says used deputy coroners as private drivers for Wecht and his family. Staff called them "Wecht details".Says Wecht's use of one of two histology lab technicians created county work backlog and grater expenses to taxpayers.Says cadavers provided to Carlow were unlawfully obtained, sent to satisfy his deal for lab space there.Says fraud in this case, both small and large, is a common theme. Says it was done to put money in his pocket at the public expense. Says Wecht took steps to conceal.Says "in plain English, he stole" .. " to make more money, and because he thought he could get away with it."He finished at 10:36 AM.
Wecht Day 1 - Jan. 28, 2008 - 10:50 AM Update: Defense begins opening statement: attorney Jerry McDevitt.-introduces Wecht wife and adult children in audience.
-says no criminal intent to defraud Allegheny County on Wecht's part, and alleged intent must be proven.
-says Wecht is entitled to presumption of innocence.
-promises to point out weaknesses in prosecution case.
- describes "petty" amounts of charges for limo rides and mileage.
- says you won't hear allegations or bribes or kickbacks, that there aren't any.Says officials of other counties never complained... That FBI agent Orsini called them and told the "you've been defrauded".Tells jury employees of coroner's office occasionally did favors for Wecht. Says they did not drive him to airport, that he drove, and they came along so they could have car for county use.Says was simply a man getting a little help in life when a bit too busy.-says the cost of faxes are mere dollars, and he was trying to help people who need his expertise.
-says air fare charges in question were billing errors. That sometimes there may have been charges for more, but sometimes less. Says 99.99 percent unquestioned.Tells jury that histologist George Hollis told people that Wecht didn't know that Hollis was using county facilities, but that the FBI was trying to get him to say it was.Notes: Hollis didn't pay income taxes.McDevitt begins to talk about FBI agent Orsini, but government objects. There's a sidebar meeting with judge.McDevitt tells jurors they should focus like a laser beam on a period in November 2005. Discusses what he says are the most serious allegations-- those about Carlow University. That Wecht traded cadavers for use of a lab.Says only one person knows if that's true, and the prosecution said not one word about her. "A woman of God, Sister Grace Ann Geibel", former president of Carlow University.Says she will be a witness in this case. That she had a vision; she asked Wecht for students at Carlow to observe one of the world's greatest masters at his craft. He says if they'd asked her if there was trading corpses for lab space she would answer "heavens, no".McDevitt: That allegation is central to the government case. "It is a lie. It is a categorical lie."He says state police came to watch Wecht do autopsies at Carlow. That not once before they brought the charge did the FBI or prosecutors talk to this woman of God. Says government knew it was false.McDevitt tells jury the allegations were false from the get-go.Says unclaimed bodies are a fact of life. That the coroner has the authority to dedicate them for teaching purposes, and that's exactly what was going on at Carlow.Says "don't be misdirected"On the mileage charges: says dollar figures are minor. Says even after the allegation, district attorneys from neighboring counties continued to call upon Wecht. Says DAs will testify.McDevitt says he will "separate the big lies from the small truths". Calls Wecht the most competent elected official in the history of the county. A priceless part of the fabric of our area -- "'CSI' before anyone ever heard of it."Says everything he did brings prestige to his office and to the area.Says will promise you he is the "best deal Allegheny County ever had."Tells jury they should "repudiate the prosecution in its entirety".Finished at 11:48 AM.
Wecht Day 1 - Jan. 28, 2008 - 1:04 PM Update: Government calls Dr. Edward Strimlan. Currently chief forensic investigator for Allegheny County Medical Examiner's Office (formerly the Coroner's Office). Questioned by Assistant US Attorney Jim Wilson. In charge of day-by-day work of forensic investigators (formerly called deputy coroners). First hired Sept 17, 1990 as deputy coroner. 200: promoted to Senior Deputy. Later the Assistant Chief Deputy.(Note: I will not be live blogging the testimony in the same detail as the opening arguments. I will selectively add notes, as we go.)Coroner's office only has jurisdiction inside Allegheny County. Tell jury who is involved in autopsies. How many in people work in various sections.Average day: brought in on average 1,200 to 1,700 bodies a year. Never know what would happen per day.Autopsy technicians are like nurses are to doctors. Open up bodies, turns organs over to pathologist, who dissects them. Four forensic photographers. Histology is taking body tissues, taking dissections, making slides to analyze.Lengthy questioning establishing procedures and circumstances for autopsy. Getting to questions about what happens to a body that is not claimed. Put in cooler until arrangements are made for disposition.How long can it take when next of kin does not immediately come forward? If no family, will usually hold about 30 days until the body is cremated. If family says it wants nothing to do with it, may be cremated sooner. More details about procedure in cases of unclaimed bodies.Now asking about "Wecht details." Taking Wecht to airport, get mail, etc. Entered into a logbook. (Though not all.)He got instructions to drive Dr. Wecht and his family to various places. Now describing examples, including trips back and forth between Coroner's office and Wecht law office.Picked up and drove Wecht's family on multiple occasions. Discussing example of taking Mrs. Wecht to a playhouse on the South Side, drove Dr. Wecht and son David Wecht downtown, waited for them. Was on duty, in uniform at time. Was it a favor? No. Did it because he was told to. Did anyone inquire as to whether you were busy? Not that I recall, sir. Ever? No.Ever drive him to the airport. He drives. With Dr. Wecht you're a passenger. If Dr. Wecht was going to the airport, he'd then turn (county) car back over to us, we'd park it in his spot. When you made these multiple trips, were you in uniform, on duty? Yes. Were you able to perform your deputy coroner duties at the time? No, sir.When multiple members of family, could involve a "caravan" effect of multiple cars.Ever get instructions in connection with Pittsburgh Steelers games? One of Wecht's sons worked on sidelines of game as member of medical staff. Dr. Wecht called him and instructed him to drop him off and pick his son at the game. Doing it as favor? Did it because told to.Ever cases involving political events. One for Sheriff DeFazio on Mt. Washington. Drove Wecht. Told him to wait in the car because the valets are too slow. On duty? In uniform? Yes.Incident involving hot dog stand? David Wecht running for office. There was a promotion at stadium. Person with hot dogs hadn't arrived yet. He was told to take coroner's van to go to Giant Eagle to buy hot dogs. Delivered them back at gate at Three Rivers Stadium. Again, he was on duty at the time.Recall ever making trips back and forth to St. Francis Hospital. Yes. Wecht's office used to be there. Back and forth to deliver things, pick up newspapers. Almost daily.Recall deputy coroners, including himself sent to get theater tickets? Yes, sir. Did that once at the Benedum Center. Once other deputy coroner did it, but he was sent to exchange the theater tickets for different seats.Deputy coroners got overtime or "comp" time for doing Wecht details.Wecht had him out vouchers for medicine reimbursements for Wecht grandchildren.(still on stand... it's 2:28 pm as I write this.)
Check back soon for more updates from court.
Copyright 2008 by ThePittsburghChannel. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
