Day 8: Bob Mayo Blogs The Dr. Cyril Wecht Trial In PittsburghPOSTED: 10:20 am EST February 7,
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 8 - Feb. 7, 2008 - 8:30 a.m. update Witness: Eric Buikema, an attorney from Detroit.He was representing a trucking company, defending against a lawsuit by the estate of a man who died 13 months after an accident. He was going to offer Dr. Wecht's testimony in the civil case. Issue: was death of man 14 months afterward a result of the accident.Prosecutor Wilson shows letter from Wecht. Wecht says he in it he is reviewing materials from five doctors. Says he's anticipating trial testimony on June 19th. Witness confirms he had sent material to Dr. Wecht to enable him to prepare for case and testify.In June of 2002, witnesses initial on invoice, indicating he reviewed it and was forwarding it for payment. Dr. Wecht's fee for his expert testimony at the then upcoming trial.Included: -Round trip coach airfare, Pittsburgh to Detroit. - Round trip limo, Pittsburgh airport: $90 Breakfast, dinner, lunch. Hotel. $50 cab fare.Passed on to his accounting department the invoice for payment of expenses and professional fee.Shows check from his firm to Dr. Wecht. Signature.Appears was paid fee and expenses in a single check: over $11,000. Another document: appears to be a June 28, 2002 second invoice. Reflects that testimony came at a later date than anticipated.Did Dr. Wecht travel to the Detroit area to testify once or twice? Once. His firm agreed to pay Wecht's expenses in addition to his fees. Were there any receipts attached to the invoices? He did.Another document: a check matching the hotel invoice and ticket change fee.----Cross-examination by defense attorney Mark Rush.The witness says he was contacted by an FBI agent about 6 months ago.Did you contact Dr. Wecht and seek any reimbursement. Absolutely not. Does he have any problem with Dr. Wecht's billing? Absolutely not.Plaintiff was seeking $20 Million.Sought out advice of attorneys, did Internet research. What was your understanding of his credentials? Very impressive. You didn't hire Dr. Wecht because he was coroner of Allegheny County, you hired him because of his national expertise. Yes. Very pleased with his testimony. Went well, they prevailed in the case. Did you find his fees to be reasonable? Yes. Expenses? Yes. They were negligible compared to what was at stake in the case. Would hire Dr. Wecht again? Yes. The result of this trial could impact on my ability to hire him. I would not want to have him cross-examined if he were found guilty. But if he were acquitted, you'd hire him in a heartbeat.Re-direct by Wilson. If there were an error in billing, I would contact Dr. Wecht. If you knew the bill were falsified, would you pass it along to your client? I can't answer that. It was negligible. Asked again. Objection by defense. Overruled by judge. I would never submit a false invoice to my client.9:00 AM next witness: Myron Shapiro.Attorney in firm in Miami.Product liability defense litigation. in 2003 retained Wecht in a case. He was managing partner in the firm.Fax indicating three separate checks should be sent to Dr. Wecht. Invoice dated 2003. He was representing the manufacturer of Freightliner Trucks. Case in Kentucky where driver found dead in cab, engine still running. Lawsuit issue: whether died from carbon monoxide poisoning or his three blocked coronary arteries. Fee : two days at $5,000 a day, pre-billed. Had started the trial earlier in September. They wanted Dr. Wecht to be their last witness. In this instance, you sent him materials to review, spoke with him. A: On many, many occasions. September 9, 2003 invoices. An instruction that the invoice is not completed; does not include meals or transportation to and from airport. This lists round trip airfare, round trip limo, incidental meals, billed before hand.Did you trust that the invoice was essentially accurate when you agreed to make that payment. Yes, and he reviewed it and it seemed to be reasonable in every respect.Q: Would you pass along an invoice to your client if you knew it to be false? Defense objections. Sustained in part, overruled in part. Prosecutor told to lay foundation for the testimony. Reviewing the three invoices.Trial ended in a hung jury, was to be re-tried. Ongoing discussions with Wecht about him appearing at the second trial. Did he? A: He did not.9:23 AM Cross-examination by defense attorney Mark Rush. Flew in, staying at downtown hotel at government expense. Did he take a cab from airport? Took a shuttle bus.Did FBI tell you why interviewed you? Concerning an invoice and whether an amount was correct. Limo charge to and from Pittsburgh at $90, and also the airfare. Q: He did fly down to testify, is that correct? Absolutely. He did fly down? Yes. So it was a portion of the airfare? Yes.Q: Did you wonder why the FBI was investigating a $90 limo fare and a portion of an airfare? He did, but did not ask about it, kept it to himself.The most important consideration was Dr. Wecht's expertise? Yes. Was cost the next most important consideration? In this case, he says cost was of minimal importance. His client did not believe its product was defective. Believed someone of Dr. Wecht's status could make case to jury the plaintiff died because of coronary blockages.In this case the cost of Dr. Wecht was immaterial? That's correct.Would it have been you instinct to contact the FBI or to contact your expert witness? I would put in a call to the expert and sought out an explanation.Would you expect an expert of his stature would fly first class? I would.9:35 AM Re-direct by Wilson.Did you have a discussion with an agent who was investigating the invoices. What phrase did you use? I felt I had an obligation to my client to review whatever bills were sent to me for approval for reimbursement of my client. Did you use the phrase fiduciary duty? I might have. What is that? A legal and moral responsibility to review statements and bills for their accuracy.Hypothetical question.Shows document: Wecht American Express bill. Amount for ticket is $659.Look at airfare section of invoice. If in fact you knew that the expense for this ticket was not $1,218, but $659, would you pass it on to your client for payment? No, I would not, sir.Re-cross by defense: Would you have picked up the phone and called your local FBI office, or would you call your expert witness. A: He would call Dr. Wecht. Q: You've not called Dr. Wecht and asked questions about that bill? No, I have not.9:43 AM Witness concludes testimony. Wecht Day 8 - Feb. 7, 2008 - 9:43 a.m. update Judge calls 10-minute break while he speaks at sidebar with attorneys from both sides.9:57 Witness Kathy McCabe.The Cyril H Wecht For Coroner letterhead (political letterhead discussed yesterday). How did you get the paper? Do you know who paid for that paper? Don't know. Prosecution question seems to acknowledge there's no suggestion county paid for the paper. Focus is on the following.All of those letters, you prepared where? A: At the coroner's office. Q: On county time? Yes.Shows exhibit: Was there a package of blank receipts like this in the coroner's office? Objection. Have you ever seen receipts like this filled in? Yes. Says there was a folder.Q: Were these blank receipts kept in the coroner's office? Yes.Q: Did you ever fill one of these out? I don't recall.Did you ever raise with the defendant the issue of why these blank receipts were kept in the office? No. Why not? I don't feel it was in my position to question my boss.10:01 AM Cross-examination by defense attorney Jerry McDevitt.Yesterday, you were asked about the immunity you received, and whether you were the subject of an investigation.Palm Sunday of 2005, what happened? A: My doorbell rang. I was still upstairs in bed. I wasn't going to answer, I thought it was kids. It was Sunday morning. I looked outside and saw a black car. I thought maybe something had happened to my daughter. I answered the door. It was (FBI) Agent Orsini.Did you any idea there was an investigation? I did not. You had no attorney present that day? I did not.Her son works in the sheriff's office.Did he conduct an interview with you? Yes. Did he indicate he had your social security number. Yes. That he knew where you son worked? Yes.Did he bring up the book "Dead House?" Yes. Were there questions of you about that book? It was a book by someone who spent time in the coroner's office, following deputies around.How long you spoke with agent Orsini that first time? About an hour. Were you nervous? Yes.Q: Near end of interview, was there a dialog about Martha Stewart? A: Yes. Not sure why brought up.Q: He said do you know why Martha Stewart went to jai? I said something with her stocks. Orsini said, no, it was because she lied. She says that the whole experience made her nervous.Q: You're not a wealthy woman are you? A: No.He asked you about whether you typed invitations and thank-you notes for Wecht Institute. I believe so.The Martha Stewart comment wasn't included in agent Orsini's report on his interview with you? No.Were you surprised by the fact you were interviewed by an FBI agent about typing thank you notes to the Wecht Institute? A: I was surprised by the whole visit.You did type these invitations and thank you notes? Correct.Do you know an attorney John Elash? A: Yes. He was very good friend of her husband, who passed away. He did secure immunity for you from any form of prosecution before you went before grand jury? Correct.Enters into evidence a copy of the actual immunity letter. Three pages long. Signed by U.S. Attorney Mary Beth Buchanan, Robert Cessar of U.S. Attorney's office, and by McCabe and her attorney.Letter says she will cooperate with investigation. Letter talks about "undercover introductions". She says she doesn't know what it means. Her attorney told her it was okay to sign it. U.S. Attorney's office agrees not to use what she says against her. McDevitt establishes that it is understood she must give full cooperation. Her testimony today is covered by that agreement. Agrees to polygraph test, if needed. Never asked to do so. The letter says should it be judged at any time she has given false, misleading testimony, or balks at cooperating, this agreement may be deemed null and void.Q: They get to judge whether you've told the truth? A: I guess. Q: If they think you've not told the truth, they get to void this agreement and prosecute you? A: I guess. Date of letter is August 11, 2005.How much Dr. Wecht was paid as coroner? She believes it was $64,000.During the time he was the elected coroner, he chose to come to the coroner's office, not his private office? That's where the world came to him? Correct. Letters, e-mails, all over Pa., all over U.S.? Yes. They found him sitting in the chair of the coroner's office, correct? Yes. Have you ever met a harder-working man than him? No.Every letter than came in to him, he answered? Yes. Rich or poor, Regardless of party, etc. Yes. Did he get letters from people incarcerated who said they were innocent? Yes. He answered every one? Yes. Was he paid for that? I don't think so. Letters from high school kids? He would answer? Yes.Some the letters they showed, how long would they take you to type? Minutes.10:41 AM Prosecution asks for sidebar. Judge give jury a 10-minute break.Now, for a little court intermission anecdote.During the last 10-minute break, I rushed down to the courthouse cafeteria to grab a coffee. As I was waiting alone outside the courtroom, gulping down the coffee, a court employee offered me a slice of what appeared to be home-baked spice cake. As I was accepting, she said it was from the judge. Not wanting to be rude, I took it and thanked her. During this short break, I learned that it was offered in the back of the courtroom to four other reporters. Two of them accepted the cake, two did not. I guess I was the tiebreaker. I joked that we may have to recuse ourselves from coverage now, though I don't think my objectivity is compromised. You'll recall the judge provided a cake to the jurors in private after the first week of testimony. Wecht Day 8 - Feb. 7, 2008 - 10:56 a.m. update The jury is back. Judge tells them there's going to be chicken and rice soup down in the cafeteria. He says it's one of his favorites and "something to look forward to."Cross-examination by defense attorney McDevitt continues. In preparing for his question, he reads a letter from a 10th-grader who wrote him asking about his work for a class assignment. He asks, and she acknowledges Wecht not only wrote back to the girl, but spoke with her. Next reads from and has her confirm a letter from a person in a small Pennsylvania town. Now, a letter from someone in the Philippines. A law student who saw him on TV and was proposing a mandatory autopsy law in her country. She confirms that Wecht wrote back to the law student.Do you know how many letters like this Dr. Wecht sent to students who were interested in forensic pathology? A: I don't remember the number, but it was quite frequently.McDevitt: Do you think Dr. Wecht inspired many young children to follow in his path and go into forensic--Stallings: Objection. Calls for speculation.McDevitt: --science?Judge: Overruled.The witness imagines that he did.The defense attorney's review of letters includes expressions of sympathy. Another was a birthday greeting to the late Monsignor Charles Owen Rice when Rice was in his nineties.Shows a correspondence with Greta Van Susteren of Fox News.Asks about her knowledge of Wecht going to local Satellite television studios to be interviewed on national TV. Notes that images of Pittsburgh appeared behind him. Asks if the interviews served as a sort of as a sort of commercial for the area. Asks about "national figures in news industry" who contacted Dr. Wecht. She answers: Greta Van Susteren, Nancy Grace, MSNBC programs. Diane Sawyer? I think she came to our office once.Another letter "thanking the Honorable Jane Orie" for help in getting support for the coroner's office.Letter to Oliver Stone, the film director? Yes. This is the kind of thing he'd do, write a letter to someone when they got an award? Yes.Letter to Gov. Ed Rendell. Offers to serve on any panel dealing with medical, law enforcement, other issues. Specifies that he's not seeking a paid position, but one which involves volunteer service.Letter to Arlen Specter, Senior U.S. Senator from Pennsylvania. (McDevitt recalls Wecht and Specter's running disagreement over the year's over Specter's advocacy of the single bullet theory in the JFK assassination.) The letter wishes Specter well when he was facing health problems. She indicates it was not unusual.A letter thanking someone who helped him when he blew a tire. A copy was sent to the mayor of that person's community. A: Yes. Another letter, the day after 9/11. He offered to Pittsburgh FBI special agents to make services of the coroner's office available in the crash which occurred in Somerset County.Next letter: also offers to make available coroner's office staff to help in dealing with that tragedy.These are all letters she typed for Wecht.The next letter congratulates Beaver County for its response to a plane crash there.Since 11 AM, the defense attorney has been having witness Kathy McCabe confirm the content of letters she typed for Wecht as he seeks to show him in a positive light. This appears to be intended to counteract the impact of the letters introduced as evidence by the prosecution on Wednesday.McDevitt: Has it always been a source of pride for Dr. Wecht that he enjoys passing on his knowledge to the next generation?Stallings: Objection. Calls for speculation.Judge: Overruled.McDevitt: He really enjoys teaching kids doesn't he?Witness: Yes he does.McDevitt, referring to a Wecht letter, discusses Wecht's interest in providing training to police officers about positional asphyxiation. That was the cause of death for Jonny Gammage.Next: a personal note to Art Rooney, congratulating him.Q: He's not making any money off these letters, is he? No.Next, a letter to Myron Cope, congratulating Cope for returning to the Steelers broadcast booth after illness.Next, a letter congratulating transplant surgeon Dr. Thomas Starzl for his gathering of experts from around the world in Pittsburgh.12:00 Noon. Testimony of Kathy McCabe is continuing. McDevitt says he has another letter he wants to introduce. Prosecution wants to object at sidebar. They're there talking now.12:05 PM Judge says they may display a document on a screen for the witness. She's looking at it now. Do you recall if you typed this document? I believe I did. Now shows to jury the Jan 14, 2004 letter from Wecht to Bennet Omalu. Wecht dictated it. Her instructions were to get it to Dr. Omalu.McDevitt suggests to judge that it may be a good time to take the lunch break. Judge asks how much longer he has to go. McDevitt answers that it's quite a bit... that he may take the rest of the afternoon.Judge says they'll recess and come back at 1:10 PM. Wecht Day 8 - Feb. 7, 2008 - 1:10 p.m. update Kathy McCabe testimony resumes. Her current job is administrative assistant to Dr. Karl Williams, the county's medical examiner.McDevitt's questions detail how Dr. Wecht and top staff all left the coroner's/medical examiner's office since the investigation and Wecht's indictment.Her pay was cut from $28/hr to $20/hr. She's 60, a year away from earliest possible retirement.Do recall yesterday you were asked about the 'personal use of e-mail' policy? Yes.Brings up document on policy and her signed acknowledgment. It says if anyone abuses it they're subject to discipline up to and including termination.It doesn't say anything about being subject to prosecution for a federal crime does it? No. Do you know of anyone other than Dr. Wecht who's ever been prosecuted for it? No.Question refers to a letter to Keith Sueker.Dr. Wecht does have his enemies doesn't he? People who for whatever reason don't like him? Yes.McDevitt questions seek to establish Wecht's letter to Sueker was in response to a newspaper letter to the editor.Shows copy of letter to editor. Shows letter from Sueker to Wecht. So far as you know-- their relationship is that they write nasty letters to each other, is that correct? Yes.So far as you know, Dr. Wecht didn't make any money off that letter did he? No.Did you know George Hollis? Did you know that Dr. Wecht was preparing private slides for Dr. Wecht in the coroner's office laboratory? No.Do you recall being asked yesterday about "The Three Sleuths" video with Dr. Wecht, Dr. Henry Lee, and Dr. Michael Baden. They're friends as well as prominent forensic pathologists or criminalists.Wants to play portions of the tape. Prosecution wants the whole tape to be shown, if its to be played... but does not object.1:32 PM. Recess while judge has attorneys seeing if they can agree to playing a segment of the video.. if not they'll apparently play the whole thing. Wecht Day 8 - Feb. 7, 2008 - 1:38 p.m. update They're about to play portions.Music plays over old film clips. Narration video: "Sherlock Holmes. Charlie Chan. Columbo. Over time, the greatest sleuths have solved the most baffling of crimes." Says these characters exist only in fiction. Today.... we'll follow the three sleuths. Jazz music plays over video of Wecht, Lee, and Baden. Clip of Walter Cronkite reporting JFK assassination. Now there's video of Wecht's lecture on the assassination and the single-bullet theory.(Interesting. Wecht is in effect getting to speak to the jury through this video. It's not about his case, but they're getting to see him showcase his expertise and oratory. I remember hearing Wecht give this very lecture when I was a student at the University of Pittsburgh in the 1970s.)In the video, Wecht is narrating the Zapruder amateur film that captured the JFK assassination during the presidential motorcade through Dallas in November 1963.(As I watch this, I'm surprised that the prosecution wanted this shown in its entirety. This single-bullet speech and his analysis of the Kennedy assassination is vintage Wecht at his oratorical best. How does one calculate its impact on the jury? Does it create goodwill? Will there be testimony about the circumstances of the making of this video that will put Dr. Wecht in a bad light in the eyes of the jurors?) Wecht Day 8 - Feb. 7, 2008 - 1:51 p.m. update The playing continues.In the video, Wecht uses members of the audience to re-enact the seating in the presidential limousine to analyze the single bullet theory. Jazz percussion plays in the background.(For those of you who have never seen Wecht dissect the single-bullet theory, it is a tour de force. You may recall a "Seinfeld" episode with Keith Hernandez that is a comedic tribute to it.)In the video, first Dr. Michael Baden, then Dr. Henry Lee joins Wecht in analyzing the JFK case.2:03 PM The jury continues to view "The Three Sleuths" videotape.In the video, Wecht just dubbed the single bullet as "The Magic Bullet"... a projectile whose path kept being revised by investigators to satisfy their changing theories.2:10 PM The Wecht single-bullet theory portion of the tape just ended. We've paused. Another segment may be played later.Cross-examination by McDevitt of McCabe resumes.Dr. Wecht has a passion for what he does, doesn't he? Yes, he does. In your mind was he a good coroner? Yes. and he did what he was elected to do? Yes. Thank you for being here today.2:13 The judge says we'll now see the portion of the video selected by the prosecution.The narrator talks about grave robbers and body snatchers. Figures on stage in the video simulate an old-time movie, with strobe lights flickering as a piano plays. The video has turned to black and white. Now Dr. Michael Baden begins explaining the history of the autopsy. He says people used to dig up bodies in cemeteries and sell them to medical schools. He tells of historical figures who would smother women who had been drinking, and sell the cadavers. They were caught when one of the medical students recognized a girlfriend. Burke and Hare (spelling?) had killed 26 people.In the video, Dr. Baden says bodies are even more valuable today. He says bodies and body parts can be sold for hundreds of thousands of dollars.(Is this section of the video intended by the prosecution, by insinuation, to cast Dr. Wecht's private work in a negative light?)2:19 PM The prosecution just stopped the video. Perhaps my analysis is correct.The judge says we're going to take our afternoon break.Testimony done for the day and the week. 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
|
| ||||||||
   |
| |||||||
