Day 5: Bob Mayo Blogs The Cyril Wecht Trial In PittsburghPOSTED: 10:03 am EST February 4,
2008 Channel 4 Action News reporter Bob Mayo is covering the 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 5 - Feb. 4, 2008 - 8:30 a.m. update Witness: Ronnel Hamiel, She was SEIU (Service Employees International Union) local Business Agent at the time. Her union represents coroner's employees. She's now a state official in the union.Describes meeting in Dr. Wecht's office following a union meeting in which there was a complaint by Heather Morici that personal errands being done for Dr. Wecht were interfering with her Coroner Deputy's work duties.We all sat down, and she asked Nicholette to take notes because she was a union steward.Wecht said I've been hearing these terrible rumors, I'd like to ask Heather a couple of questions. Asked Heather, do you know what my job description is? Kept asking yes or no questions and her knowledge of his duties. This witness asked if this meeting will result in a disciplinary action. Wecht answered no.Wecht told her he is disappointed to hear these rumors from your union meeting. She answered that the person who was complained --Morici-- wasn't the only one; that others at the meeting had nodded their heads.Wecht says I'm disappointed in you. If you no longer like your duties, I suggest you find another job. Told her she was hired a favor to family. Said she was no longer his employee, even though she'd continue to work there. Witness objected to Wecht's behavior.Don't tell me how to talk to my employees. Don't come in my office threatening me. You come in this office with your union title, and you have her taking notes. I knew your union leaders when you were still in diapers. Wecht and his people began laughing.She told Wecht his conduct was unprofessional, says we're leaving. Said Dr. Wecht was rude, arrogant, unhappy. This was a meeting for Dr. Wecht to harass and intimidate her.Describes Heather Morici says upset and crying. She filed an unfair labor practice complaint against Dr. Wecht as the SEIU Business Manager. It was denied because It was untimely; her asssistant mailed it to the wrong address. She was very upset about that because Dr. Wecht's conduct was unprofessional. These employees he had there. They have respect for him. He called the meeting. We were there to talk about it. My job was to investigate it. Ms. Morici resigned shortly thereafter and moved to Canada.8:49 AM Cross by defense attorney Jerry McDevitt. Were you and Ms. Morici here last Thursday? Yes.Asks her if she ever heard of the Wecht Institute; she answers no. Says it wasn't discussed in meeting with Heather Morici. You're saying Dr. Wecht didn't question her knowledge of Wecht Institute.Acknowledges that Wecht said the meeting would not result in a disciplinary action. But she says he did not say Morici would not be fired.Did Morici complain about having to get Dr. Wecht lunch or pick up speakers for the Wecht Institute? No. Did she complain about Ben Wecht? No.What became of the notes taken at the meeting? She assumes they're still in Nickie's possession.How did Dr. Wecht find out what happened in the meeting? Someone told them. She thinks it was Joe Johnson. She says Johnson told her there were rumors he was the one that told management and he said he didn't do it. She didn't believe Johnson.Asked her if she was aware of alleged behavior problems with Ms. Morici. Witness answers no.Was the union rep before you a man named Dino Bruno. Yes. She was hired in October 2002 as a business agent. She had been business agent about 2 or 2 1/2 years at the time of the meeting.In all the time you've represented that union, have you ever filed a grievance related to Wecht details. Never did-- filed an unfair labor practice charge.You interrupted Dr. Wecht's discussion with her at least four times? Yes He was harassing my member.If we had a tape recorder, you wouldn't be saying what you're saying now. He was horrible.Do you know if the SEIU endorsed Dr. Wecht when he ran for office? She doesn't know.On diapers remark. Does it mean you were rather young to be questioning his relations with union? She responds she was doing her job in response to Dr. Wecht's behavior.Were you trying to make a splash in this meeting with Dr. Wecht? No. I don't even know the man.Defense shows document on screen. Shows newspaper article with headline about body found in river. Says she wasn't aware of this at the time, and did not receive a letter of reprimand of Morici about a comment to the media about body that was found in the river. She says that employees were frightened to contact her.9:21 Testimony by this witness is continuing. Wecht Day 5 - Feb. 4, 2008 - 9:21 a.m. update Testimony by this witness, Ronnel Hamiel, is continuing.Were you aware of whether Ms. Morici thanked Dr. Wecht on her departure? No. Do you know whether she asked for a letter of recommendation? No.In your capacity as a union representative, can you tell me of one specific instance of a coroner's employee refusing to do a Wecht detail? No. Any who were disciplined for refusing to do a Wecht detail? No. Did Darlene Craig ever come to you with any complaint about a Wecht detail? No. Has Tiffani Hunt? No. Would it be fair and accurate to say that-- with the exception of this one instance with Heather Morici-- there was no other incident in the entire time where you even went to the first stage of a meeting about a complaint about a Wecht detail.9:32 AM Re-direct by prosecutor Steve Stallings. Did you pound on Dr. Wecht's desk? No. Did he pound on it? Yes. Had you not interrupted him, is it your impression he would have kept going? Yes. He was harassing her; that's why I interrupted. It's my job to protect the employees, to stop it.Atmosphere in coroner's office, why grievances not filed by deputies? A: They were afraid they'd be retaliated against.9:36 AM. Re-cross by McDevitt.In answer to questions, named several people who would informally complain but not file grievances about having to do Wecht details.9:37 End of her testimony.Brief sidebar discussion between judge and attorneys.9:44 next witness sworn in: Dr. Bennet OmaluHe's being questioned by prosecutor Jim Wilson.Is now Chief Medical Examiner in San Joaquin County, Calif., Since Sept. 1, 2007. One hour east of San Francisco, in central wine valley. His office is in French Camp, Calif. His daily duties: reports in morning, reviews deaths in county, performs autopsies. reviews cases. attends meetings, like elder death review committee and the child abuse review committee. He works closely with laboratory and public health directors. Advises county sheriff there on deaths, as well as the district attorney. He is a consultant to the entire county there on matters of death and public safety. Affiliated, on faculties University of Davis at Sacramento, WVU, Pitt. Came to U.S. in October 1994. Born in Nigeria, West Africa. His educational background: attended medical school in Nigeria; system fashioned after British. Six years in school, one year in clinical internship, all aspects of medicine. After the seventh year, certified as a physician. Did a year of federal paramilitary service in rural area where he was the only physician. He also worked as an emergency room physician for three years. He sent for his U.S. medical exams, which he passed while still in Nigeria. He applied to the World Health Organization, and got a scholarship to come to Seattle. Eight months. Then to New York City: four years residency at hospital there.Passed additional U.S. medical exams, licensed in four states. Came to Pittsburgh and worked with Dr. Cyril Wecht. He has four board certifications, including forensic and neuropathology.Prosecutor continues to walk the witness through his qualifications, education, and work history.10:02 AM questions about his time in Pittsburgh. Tell jury what year you first came to Pittsburgh. Believes in 1998. Wanted to do fellowship training in forensic pathology. Came across letter from Dr. Shakir, responded. Agreed to let him to come to Pittsburgh for one month "externship" at the Allegheny County Coroner's office. Worked out that they were happy with him, and offered him a fellowship position. He performed autopsies. Worked under supervision of Drs. Rosen, Shakir, and Ladham.He met with Dr. Wecht, who was quite happy with his level of diligence. Dr. Shakir offered him a fellowship which Dr. Wecht approved. He accepted. He was to come to complete a one-year fellowship program in Pittsburgh: June 1999 to July 2000.His day-to-day activities: performed autopsies. Examined microscopic slides, toxicology reports, visited crime scenes, taught other students, lectured.How many hours a week: sometimes over 100 hours a week; that's not unique in the United States.He was paid a salary of less than $50,000. He developed an interest in the brain. Found it to be an enigmatic organ, wanted to study it.10:11 : Morning break. Back at 10:30. Wecht Day 5 - Feb. 4, 2008 - 10:30 a.m. update Omalu testimony resumes. During fellowship, his interaction with Wecht was incidental, but over time became friends. Dr. Rosen became like a father to him. It was like Father Rosen, Father Shakir, Father Wecht, especially Rosen, who apparently thought he "was going to be somebody in life". Rosen spoke to Wecht on his behalf.While studying neuropathology at Pitt, he was offered part-time work at the coroner's office.Dr. Rosen facilitated his hiring. He was asked to be in the office on weekends and be available during the week. He covered as pathologist on call, every other weekend. Continued to do autopsies on weekends, and occasionally called to help out during the week. At the end of two year period, finished his studies at Pitt. Got job offers at a couple of medical examiner and coroner's offices around the country, less than a dozen people in country board certified in both forensic and neuropathology.Who made the offer of pathologist job to you? Dr. Wecht. I was a forensic pathologist/neuropathologist. He did autopsies, determined cause and manner of death, testified, etc, (but) in addition to other responsibilities, he examined brains.An autopsy can take from 15 minutes to five hours. 60 minutes for straight drug overdose. Someone shot many times by police could take eight hours. Examine from head to toe, using every technology available to you. First with naked eye, magnifying glass, dissecting microscope. Open up the body. Examine each organ. Take samples for examination and analysis. Look for presence of toxins and drugs. Objective is to derive the cause of death. Assisted by autopsy technician, forensic photographer.Q: Did you ever see defendant perform an autopsy at the coroner's office? A: never saw Dr. Wecht perform an autopsy at the coroner's office.Eileen Young: Was Dr. Wecht's 2nd secretary. When Mary Beth Bletner (sp?) retired, Young became Wecht's executive secretary.Ever have occasion to discuss county cases with Bletner or Young? No. What would you interact with these two women on? A: Dr. Wecht's private cases.How many autopsies would you do? The Allegheny County Coroner's Office was remarkably busy. 300 to 370, up to 407 a year.He was one of four who did autopsies. Q: Was the workload shared more or less equally? A: Conceptually. (But) The more junior person did more cases.Example of a case where you preserve the brain for examination. Mike Webster: suspected he might have an underlying brain disease. If you suspect, you save enough fluid from the brain. Normally brain's consistency is like Jell-O. If preserve it, it's fixed in a chemical... giving it the consistency of a liver.When you analyze the brains, you cut sections for histologist technician to pick up Chief histologist was George Hollis, or an assistant to Hollis named Tom.Q: What was the defendant's interaction with those doing autopsies on a day to day basis? A: Not so much. Minimal. We consulted Dr. Wecht on difficult cases. Not so much for day to day cases.During the time you were an intern, a fellow, part-time, were you aware Dr. Wecht was a person of substantial reputation.A: National and international reputation. Accomplished, highly respected. He was a brand name in forensic pathology. Almost an icon. I made a couple of attempts (to approach). I realized he didn't have time. After I tried once or twice, didn't have to be told "get out of my office." I stopped.He was very busy, but what was keeping him busy was not what was in the office.Did you ever go to Dr. Wecht to express your concern about your salary? I brought it up. To my mind, it wasn't good. He said, Bennett, it's not up to me, it's the county.We developed a very close constructive relationship. He became like a father to me. Omalu's salary at time was $90,000. He said if your salary is low, you have greater liberty to do what you want to do... they know you're not well paid. Which would you rather do. Suggested it was better to be low paid, but do private outside work.He left office in April, 2007. $115,000 when left.How first became aware of Wecht Pathology? Dr. Rosen asked if he wanted to assist Dr. Wecht when he was out of town. Omalu was excited. This is an icon. It's a chance to learn from a brilliant mind, someone so accomplished.Joe Mancuso picked him up and took him to Saint Francis Hospital, where he did an autopsy. That was his first meeting with Mancuso. Not an employee of coroner's office, he was Dr. Wecht's private employee.This became a long-term arrangement.He never assisted Dr. Wecht, but if he was out of town, or sick. Did have occasion to see Dr. Wecht do a private autopsy. It was by chance, he was not scheduled to assist him.Once he started doing autopsies for Wecht's private business, would not do histology for outlying counties. Wecht would do them for families. Form says that histology was done.Omalu wanted to do histology. There was a case he misdiagnosed because he did not look at slides. He told Joe he needed to start doing microscopic examination on all of his cases. He said Dr. Wecht would not pay for those slides if they came from the outlying counties for which Wecht did private work.Omalu said he worked out an arrangement where he--Omalu-- would pay for those slides himself. He had a professional concern. He has a career ahead of him. He did not want to compromise integrity issues. He insisted he had to do tissue histology on all his cases, or take that statement out of the form.He (Omalu) was paying $4 a slide. Came a time when preparing Wecht Pathology work he had to pay for slides out of his own pocket. Eileen Young told him to stop. Mancuso said they'd pay, but for not more than ten per case.George Hollis of the coroner's office would prepare the slides for the private Wecht Pathology work. Omalu discussed it with Hollis.When slides were prepared, they were left in his mailbox at the Coroner's office. He would submit his private reports to Wecht's private employees. Eileen, Mary Beth, or Flo.He did his private reports on his own private computer while at the coroner's office.Flo was not a coroner's office employee, though he thought initially she was-- because she was at the office quite frequently. She was employed by Dr. Wecht. Darlene Brewer typed Dr. Wecht's autopsy reports for the private cases. She worked at Dr. Wecht's private office. The defendant's wife and son also had office space there.(Mrs. Wecht was his immigration attorney at one point.)Did your name appear on the final autopsy reports you did for Wecht pathology? Yes. He was paid initially $250.. $300 an autopsy when he left.At some point he discovered how much Wecht Pathology was paid for these, and that Omalu's $250 was remarkably low. He went to Wecht, he agreed to pay him $50 dollars more.Mary Beth would not pay for months at a time-- did when she felt like it. Eileen would pay him almost weekly. Sometimes they'd physically hand him the check at the coroner's office. It was printed there at the coroner's office, using an inkjet printer.When did you first start doing autopsies? At the end of my fellowship training in 2000.Were other pathologists at the coroner's office also do private autopsies for Dr. Wecht? If he and Dr. Wecht were out of town, Dr. Rosen.Where else do them? PIMS, Carlow College.11:45 AM : Testimony pauses because the court reporter is having difficulty with her computer.Prosecutor asks Omalu to look at a document from November, 2003. At that time he was working at the Coroner's Office, but had no reason to go to Carlow College other than his work for Wecht's private business.11:50 AM: Court now in recess until 1:15 PM Wecht Day 5 - Feb. 4, 2008 - 1:14 p.m. update Testimony of Dr. Omalu resumes.How did you become involved in medical-legal consulting work for Wecht Pathology? An assistant of Wecht told him that Wecht wanted to meet with him.Case of a 15-year-old girl found dead at home. Case of acute cocaine toxicity. I was mesmerized, I was honored. It was a confirmation of how good I was becoming. I was touched. I gave my very best to write a report anybody would be proud of. Wecht read it, agreed with his opinion.Then he was reviewing 3 to 5 cases a month, write up a beautiful report, then Dr. Wecht would review it and sign it. It was an opportunity for me to learn, for me to be what I am today.Met with Wecht at Wecht's office in the coroner's office to discuss the case of the 15-year-old's case.Did you repeat that in the future, would you sit in his office and discuss the case. It was a routine, four to five times a month, a week. Sometimes contact many times in a day. We developed a habit where he would get a copy of Wecht's draft of reports. It was a separate job, almost full-time.How would you be made aware there was another case to take a look at? Eileen would let him know that there was material in his mailbox.Would receive notice of new case from Eileen. The materials would be brought to his office and put in his mailbox at the coroner's office: medical, hospital records, police documents, etc. Sometimes pictures of autopsies, scenes, videotapes, histologist tissue slides.Volume of material given to you? From a couple of pages to boxes of materials.What would you do with it? Many times take it home, in coroner's office and review them. Dr. Wecht would provide you with the medical-legal issues to address.He would e-mail report to Eileen. Wecht would make corrections. Eileen would work on it on computer at coroner's office and print it out.Omalu's preparation of reports for Wecht could take anywhere from hours to days.His name typically did not appear on reports submitted by Dr. Wecht.If issues that needed Wecht's attention, he's contact Eileen who would bring it to Wecht.Did you get paid to do private consultations on behalf of Wecht Pathology? Yes. At first, $150. That changed when Eileen Young became Wecht's top assistant. It went up to $250. Later $500. In the end, $600. Eileen kept track. After she left, he submitted a bill.Later learned Dr. Latham was paid more. He thought it was not fair. At one point he discussed directly with Dr. Wecht. He told Wecht in his office he has learned others are paid more than he is paid. In particular Dr. Ravano (sp?). Wecht told him he should not concern himself with what he pays other people. He was told other doctor was married to a cardiologist. Someone later told him he was being greedy.Did defendant have private cases files in his office at the coroner's office? Yes.Separate and apart, did you sometimes receive requests from Wecht Pathology to do brain pathology? Yes. If there were "Wecht brains" to be examined, he would treat them the same way as coroner's brains cases.Who first asked him? He doesn't recall.He handled Wecht private cases like he would handle coroner's cases. Were you paid separately when you did private work on brains at the coroner's office? No.The objective was, he didn't want to compromise his performance. He saved the county, and Wecht brains as well to the University of Pittsburgh.Eileen said Wecht Pathology would not pay for the slides, because Dr. Wecht did not authorize sending the slides to Pitt.2:02 PM: Omalu testimony is continuing. Wecht Day 5 - Feb. 4, 2008 - 2:02 p.m. update Omalu testimony is continuing.2:34 Prosecutor Wilson has been spending a half-hour so far, walking Dr. Omalu through a series of photos of brains, and copies of documents, having him confirm that they represent private work for Wecht done at the Allegheny County Coroner's Office.Fayette, Armstrong, Westmoreland counties' cases and private cases are among those discussed.2:43 PM: Do you know where these pictures of brains came from? Photographer stored them on system at the coroner's office. Dominick came to him and said these are pictures of Wecht brains, we don't want them on the system any more. An FBI agent later asked him if he had a disk of brain pictures. He recalled it and gave it to the agent. The ones that we're discussing are "a portion" of the brains you examined at the coroner's office? That's correct.2:50 PM: break until 3:20 PM, then will go until 4 PM. 3:20 testimony resumes. Omalu continues to identify documents relating to his private autopsy work for Wecht.3:52 PM: Trial adjourns for the day. Dr. Omalu expected back on the stand Tuesday morning. Copyright 2008 by ThePittsburghChannel. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. | Special Coverage
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