Day 6: Bob Mayo Blogs The Cyril Wecht Federal Trial In PittsburghPOSTED: 10:12 am EST February 5,
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 6 - Feb. 5, 2008 - 8:28 a.m. update Testimony of Dr. Omalu Continues.Prosecution continues to have him identify various evidence, including checks from Wecht Pathology made out as payments for private consultations and autopsies. This work was allegedly done for Wecht's business on county time and at the Allegheny County Coroner's office.Do you see this check, a Wecht Pathology check made out to you? Yes, sir.Nearly 20 checks this morning. This went on for two hours on Monday afternoon.One check indicates he was working three or four private consultations at one time.Another check is for 12 autopsies done within a week and a half.Have we shown you all of the checks for your work done for Wecht Pathology? No. These were just a portion of those? That's correct.How frequently did you have contact with Eileen Young? Sometimes several times a day. Was that for work for the coroner'sKathy McCabe replaced Eileen Young when Young retired.Same sort of contact with McCabe.Do you recall driving down to Fayette County with a deputy coroner? Yes.How were you contacted for that testimony and what did you do? I remember vividly, because it didn't happened too often. I was called in the morning by Dr. Wecht. He asked if I could go testify for him. He could not go because of a conference at Duquesne University.He said one of the deputy coroners would come to the house, pick me up, have a copy of the report. He would drive me.Deputy Coroner showed up less than an hour later, with Dr. Wecht's car. Her name was Tiffani Hunt. When he arrived a district attorney was waiting for him. He testified on behalf of Dr. Wecht. When he was done, Hunt drove him back to Pittsburgh. Took from 8 or 9 AM to 2 PM. That was a Wecht Pathology case. He was paid approximately $250.8:45 AM: Cross-examination by defense attorney Jerry McDevitt.You testified George Hollis did Wecht Pathology histology slide work for you at the coroner's office.You never told any of that to Dr. Wecht did you?"Professionally, no sir."When did you first know that George Hollis was doing histology slides at coroner's office? 2002, or so. It was a while back.The first payments to George Hollis would have been made by you?That was the genesis of Hollis doing Wecht pathology slide work at the coroner's office? Omalu: No.How did you pay him, sir? I wrote a check for him.Q: You told the government long ago that you paid George Hollis. Has the government ever asked you to locate those checks? No, sir.This began at or around the time you started doing private autopsy work for Dr. Wecht? No. Many months, possibly a year later.If we located those checks, we would know exactly? Yes.In all the time you were doing this with George Hollis, you never once told Dr. Wecht that Hollis was doing this work at the coroner's office. A: It was common knowledge. In meetings we had in the office, it would come up with Jeff Dominick and with coroner's solicitor. Q: Did you ever personally tell Dr. Wecht? A: "No, Sir, I did not do that."Tells story that Hollis came to his office, stressed out, lost weight. Hollis said it was the investigation. Hollis said "he was not going to tell on the old man". Omalu told Hollis he had gone through stress too. Said he asked his own spiritual advisor, and gave advice he got from advisor to Hollis. I advised him tell the truth, whatever happened. He told you the FBI wanted him to say Dr. Wecht knew Hollis was doing the slides at the coroner's office? Yes. Q: "You told him to cover himself?" A; "I told him cover yourself by standing by the truth." Did you tell him 'you need to watch out for yourself? He told you Dr. Wecht had done a lot for him, and you said 'you need to watch out for yourself? Yes, sir.Did you tell the grand jury that you were the one who called George Hollis into your office? A: Wanted to be a private matter. How long was the conversation? 30 minutes to an hour. Says five or so minutes dealt with discussing what to say about Wecht's knowledge.When was the last time you talked to George Hollis. July or August 2007, before he left Pittsburgh. Discuss case? No. When was the last conversation you had with him on the investigation? It was the meeting. The one where you said he had to watch out for himself and cover himself?A: It was common knowledge. Not just between Hollis and Omalu.That was the last time we discussed the investigation. Yes, sir. Was it scary when FBI agents came around asking about your activities? I wouldn't use the word scared. I was cautious. Did you ever tell anyone you were scared? I may have. Laughs. I wouldn't make absolute statement. You're asking me under oath. I wouldn't use word scared.Did you ever express concerns investigators could indict you and deport you back to Nigeria? Yes, sir. If I were indicted, there would be ramifications, losing my license.Do you have some understanding or immunity from prosecution, sir? A: No, sir, I don't.Do have knowledge if Hollis now tells a different story than the one he told you about whether Dr. Wecht knew? A: No, I don't have any understanding of information about that. No, sir.You called Dr. Wecht a brand name in pathology? Yes, sir. Do you aspire to be a brand name yourself? No, sir. Are you going to be featured on Canadian TV? Says his discovered a disease, and was interviewed. Never knew in wildest dreams would attract the publicity it generated.Q: You claim you discovered a disease while working on Mike Webster case at coroner's office? Yes, sir.I really wish I'd never touched Mike Webster's brain. Publicity brings jealousy, rancor, meanness.Did you invite cameras? No. They invited me, and I obliged.Have you referred to yourself as a brain chaser? No. Laughs. Washington Post interviewed, called him a brain chaser. That was his own derivation, not mine. He attributed it to you? A: No. I might have said I chased brains. Did I call myself a brain chaser, designated such phrase? No.You were quoted: Just call me a brain chaser, that' s what I do. A: Okay. That's what I said.You could have cut those brains at Carlow, couldn't you? No. Later acknowledges yes, under questioning.Did Dr. Wecht tell you that he wanted these private brains to be photographed and stored on the county computer? No. That was your decision? No. It was the protocol at the office.When you photographed the brains, did you think you were doing it for scientific purposes? Yes, sir.You don't think today there was anything wrong with taking those pictures? No, sir.Does Dr. Wecht have a computer in his office? No. Laughs. Dr. Wecht doesn't even know how to turn on a computer. So, those were not put on a computer so that Dr. Wecht could review them on a computer? No. The jpeg computer files of those brains and those photographs were never sent to Dr. Wecht for a private file? No. Adds some were put in private report. But says protocol did not involve them going to Dr. Wecht.In the entirety of your testimony, you describe only once talking to Dr. Wecht about cutting a brain at the coroner's office. Yes. Wecht told him to call Joe Mancuso and have him bring the brain to the coroner's office.Did Dr. Wecht ever ask if his private brains were being cut in the coroner's office and you said no? A; No, sir. Omalu says they were being done at the coroner's office before he got there.Did you find any errors in the FBI 302 reports (summaries of FBI interviews)? He does not recall any errors, other than the report saying that he had a grant to work on brains. He corrected it to say he had applied for a grant.Referring to an FBI interview document, McDevitt asks: did you tell Dr. Wecht one time if you were cutting brains at the coroners office, and you said no?A: I was cutting brains at the coroner' office... chuckles. where else would I cut it? What else do you want me to say?Defense asked about private cases for other counties in homicide investigations. When you were working on one of these cases, say for Westmoreland County, all of this would begin at Carlow, right? Yes. Often state police troopers would be there, and they'd take pictures there? Yes, sir. All of the investigative work was done right there at Carlow? Yes, sir. When you were doing all this, did you think what you were doing was good for society? Yes, sir. Proud of your work? Yes, sir. You didn't think you were committing a crime? No, sir. You thought you were helping solve a crime? Yes, sir.McDevitt seeks to introduce autopsy reports on the cases related to photos introduced yesterday. Judge asks questions about whether they were provided to the prosecution? McDevitt indicates they just located them last night (as a result of the photos related to the cases coming up in testimony). Judge tells defense to give stacks to prosecution and to clerk now, so they can start doing through them and the prosecution can see if they have any objections. Judge does not want to recess.10:00 AM: Still working on logistics of defense evidence Wecht Day 6 - Feb. 5, 2008 - 10:04 a.m. update Defense: Wants to walk through form of autopsy reports to show the jury how these are constructed. Discusses elements of a sample report with Dr. Omalu.Dr. Bennet Omalu says he does not dictate contemporaneous notes; says he has photographic memory. After the autopsy he documents his findings in shorthand, and then uses those notes to type his report.Defense attorney holds up white bucket... Omalu confirms the bucket is of the type used to contain brains. Does this appear to be the type of bucket used at Carlow? Yes. You would agree that you can't see what's in it? Yes. And they'd have a lid on it? Yes.Discussing example report. Q: This is on a sort of private letterhead? Yes. He created it in Microsoft Word, using his home address. On the right it indicates several things about you, that you're available for medical-legal consultations? Yes, sir.He does brains for a hospital in Johnstown, and for counties in Virginia and Nevada now. He was doing private consultations while he was at the coroner's office. He was permitted to do that. They were not 9 to 5 and on weekends, so they would take time off when he wanted. Says if county paid him for all the time he put in, he'd make a million dollars a year.(Note on earlier testimony: Dr. Bennet Omalu is a neuropathologist. He published a paper in a professional journal a few years ago about the effects of concussions on the brains of NFL players. That included information from his autopsy on the brain of the late Steelers player Mike Webster.)10:25 AM: Break until 10:45 AM Wecht Day 6 - Feb. 5, 2008 - 10:45 a.m. update Testimony resumes.Defense Attorney McDevitt spends 15 minutes discussing with Omalu the details of an autopsy of a child whose brain suffered from the effect of great force.11:02 AM: Moves on to discussion of the autopsy of another child. This one suffered from an enlarged heart and died as a result. His finding was that the cause of death was natural. That finding would absolve anyone of wrongdoing in the case of a child. As in the case above, a state trooper was present for the autopsy. This autopsy was done for Fayette County at the Pittsburgh Institute of Mortuary Science.Do you know if the brain was saved in this case? I do not know. He examined the brain, it was a natural case, not a homicide. A specialized report on the brain was unnecessary.11:11 AM: viewing a photograph of sections of a brain. What we're seeing are photographs you took of the brain? Yes. According to my opinion as a pathologist, I may save the brain for 2 o 3 weeks to look at it. It's my option.Q: There's nothing in your report to Dr. Wecht to indicate you saved this brain. You have a special interest in brains, don't you? Yes. Don't question my motivation. I don't know what you're driving at. I was handling it at the highest level of competence.Asks if he don't person preparing the report to take out notation that the brain would be saved? He says he did.McDevitt question suggests that as a result there was no indication that he had saved the brain in a case in which the brain was not a factor.Q: It's standard practice to note when a body part is being saved; you told her to take out the reference.He answers that because it was a natural case, there was no requirement to reference information on chain of custody.McDevitt advances to show there were a total of eight pictures of brain and of the spinal cord of the same child in this case.Q: Doing that adds to your personal database about brains, doesn't it? No. I don't have copies of these.Q: These pictures were available for your teaching assignments? If you say so, sir. Yes, sir.McDevitt questions Omalu about the need to histological slides of the child's brain, given the child's enlarged heart and the fact that the child had undergone heart surgeries.McDevitt: Let's go to another case.He sent slides to Pitt for histology slides.Pitt charged for each Alzheimer's test slide: total $600. He'd charge $1,000. $400 would go to him personally.Do I understand that you had a deal worked out with Pitt that they'd charge you $15 for that slide? A: Not with him. Worked out by him for Allegheny County coroner's office.Q: You'd charge $1,000 for a $15 slide? A: No, no, no. Omalu says there could be 50 slides for each case. He says to multiply the $15 by 45 or 50. Says that there could be as many as 150 slides for one Alzheimer case.Q: Did you ever tell Dr. Wecht you were making money on those slides? He said yes, sometimes he'd make money, sometimes he'd lose money. He says he'd make on average about $200.Defense moves on to other cases, questions why saved brain in an accidental death case.Q: In cases where you made the determination it was an accidental death or a natural death--- a non-criminal case-- did you routinely keep the brain?Answers that you don't know at the time of autopsy that it's a natural death. "Do I save the brain for every case? No. It's the judgment of the pathologist."Q: We have a situation where nobody's going to be looking, don't we?Are you trying not to answer my question? This is the second case now, a non-criminal case, where there's no indication you are saving the brain?A: Show me the draft.Q: Did you indicate anywhere in the final report that you signed that you were saving the brain in this case? A: No, sir.Moves on to log book from Mr. Hollis. It indicates that you ordered slides in this case.McDevitt continues to question Omalu concerning documents and evidence.12:28 PM: Trial in recess until 1:30 PM. Wecht Day 6 - Feb. 5, 2008 - 1:28 PM update Testimony resumes.Discussion of new exhibit. Would you turn to exhibit 327, please. Do you recall this case? Not specifically, but this is one of the cases I did.Q: The death of a 2-month-old male, who died of sudden infant death syndrome. Natural death, you would not expect any police follow-up on? Yes, Sir. Confirms it was at request of Fayette County coroner, state police trooper present. At Carlow University.Q: In the final copy of your report, no indication that brain is being saved. A: No, but in the case of SIDS, it's standard protocol to save the brain.Next exhibit: check for autopsy of Ryan Jeffreys. (sp?). Photograph: spinal cord of Jeffreys. Next photos: brain of Ryan Jeffreys.Shows Hollis's logbook. Asks about letter "B" notation.Next exhibit: Marguerite Flowers. Essentially, she had a stroke. Do you recall what you did with the brain after you saved it; did you do anything with the University of Pittsburgh? May have sent for slides.Shows check payable to University of Pittsburgh.---- Is there any reason once the brain work is done to keep the bucket around anywhere? A: He doesn't get involved in transportation of tissue. A woman reminded him there were private Wecht brains in storage. He says there was no reason to store them.My understanding is (chuckles) we may just have forgotten about them.Any reason why those buckets were still in the coroner's office in 2005? Says they should have been removed back to Carlow College. Not aware of any reason Dr. Wecht would want those stored at the coroner' s office. A: I'm not aware sir.Do you recall this morning, when I asked you if your were scared as a result of the FBI investigation. A: I would not say that in this formal setting. I was cautious.Were you afraid? A: I'm never afraid. What is there to fear?Shows him a document. Is that an e-mail you sent to Dr. Wecht on or about April 17, 2006? Yes, sir. Is that after you had spoken to the FBI in this case? A: Much, much later. Wecht had left office. I had put these things behind me.Q: As of the date you sent this e-mail, you had spoken to FBI agent Orsini.Orsini had approached him after almost everyone in the coroner's office had been spoken to. Did you speak to Agent Orsini on January 25, 2006? Doesn't recall the date. Doesn't recall date of his grand jury testimony. Document shows July 18, 2005.In the e-mail: I may still be a possible target or witness for the FBI. I don't want to do anything to upset them. I am so afraid... underlined.Q: you were, at the time, not a permanent of the United States. No. Never have been. Any idea when? California is processing it.When you entered the country, part of permit is you were to return to Nigeria for at least two years to practice medicine. A: Yes, sir.Q: From the moment you came to the coroner's office, Dr. Wecht did everything he can to help your immigration status. Yes. Good friend. I respect him tremendously. There's no question about it. I've said it before. What I am today, Dr. Wecht made me. He was like a father to me. He was like a mentor. Don't get me wrong. I'm not here to get back at Dr. Wecht. I'm a victim of unfortunate circumstance. Under subpoena to be here. I have no choice.Did you indicate Dr. Wecht was kind to you? He was like my adopted American father. When he was hospitalized, Dr. Wecht invited him to stay at his home. I love him. The Wecht family adopted me as their child, to be honest.Dr. Wecht used his contacts with Senator Specter and various politicians to help you stay in the United States? Yes.----McDevitt walks Omalu at length through a letter Wecht wrote on his behalf to help assure he stay in the United States.At the close of the review, Omalu reaffirms his respect and appreciation for Wecht, and his hope that he can renew their friendship when the case is over.Dr. Omalu expresses concern over the fact his testimony will apparently not end today. He wants to get back to his job in California and complains that he left his home at 3 a.m. Sunday to be here.McDevitt initially says his additional questions could take an hour or two. (Later indications are they could shorten that to 15 minutes.)The judge wants to see if they can wrap up Omalu's testimony today. The prosecution thinks it will need 15 minutes for redirect questioning.3:14 PM Ten-minute recess. 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. | Special Coverage
Blogs
------------------- Detailed testimony from the trial: ------------------- Video Blogs
 Fake Travel Invoices Wecht Video Blog: Private Client Prospects WTAE-TV Pittsburgh on Facebook
|
| ||||||||
   |
| |||||||
