Day 10: Bob Mayo Blogs The Cyril Wecht Federal Trial In PittsburghPOSTED: 11:21 am EST February 14,
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 10 - Feb. 14, 2008 - 8:30 a.m. update (Here's a recap of some background about the witness whose testimony continues this morning. It's from my notes on day 9 of the trial: Retired. Worked at coroner's office until December 2001. Lives in Florida now. Feb 1970 started working for Dr. Wecht as secretary. Typing letters. Making appointments.Worked for Wecht for those 31 years at different places: 1970 to 1980 at Coroner's office. 1980 to 1984 at Commissioners office 1984 to 1996 at Pathology 1996 to 2001 at Coroner's Office8:30 AM Testimony of Maribeth Blettner resumed. Wecht Defense attorney Jerry McDevitt is cross-examining this prosecution witness.Does it cost the county anything for someone to look through a microscope? No. Did Dr. Wecht also have a microscope in his private office? Yes. --- He spent 75 hours on the Menendez case. Do you know over how long a period of time? A: That was months. Q: Spread out over a substantial period of time? A: Yes.---- When you were interviewed by FBI agents in this case, did you get the impression they weren't looking to hear anything good about Dr. Wecht? Objection. Sustained.Did they ever tell you anyone objected to those limousine rides? Objection. Sustained. The judge says the investigation and its methods are not on trial here.When they asked you about the limousine rides, did they ask you what the trips were for? No.--- There was also some question about a business relationship with Dr. Baden. To your knowledge, did Dr. Wecht ever pay Dr. Baden anything or did Dr. Baden ever pay Dr. Wecht anything? No. They were friends, weren't they? Sometimes they worked together, sometimes they agreed, sometimes they disagreed? Yes.Did Dr. Wecht ever tell you that you were expected to do his private work for the same amount the county paid you? No. That's why he paid you (additionally) correct? Yes.Are you proud of the work you did for Dr. Wecht? Yes.Do you recall during the Lette Scott case, you received documents from time to time? Yes. (Note added later: Lette Scott was the wife of Douglas Scott, an Australian man who was incarcerated and died a few days later.) Shows document related to case. She typed it.Case involved treatment of native aborigines in Australia. Dr. Lee and Dr. Wecht were appointed to panel to try to find justice for those people? Yes.A panel was formed to examine the death of Mr. Scott. Do you recognize this face sheet as being from a report you would have prepared for Dr. Wecht.The panel includes Dr. Lee, Dr. Baden, Dr. Wecht and several other people. Do know whether the report was sent to Dr. Henry Lee? To the government of Australia? She does not remember.On next document, a notation from Wecht: Australian aboriginal deaths.Do you know what the outcome of the case was, what the Australian government did as a result of the work on this case? No. Did you happen to read the New York Times this morning? No. Didn't happen to watch CNN last night then, did you? No.(McDevitt appears to be trying to refer to an item in the news in which an Australian government official apologized to the aboriginal people for their treatment over the years. That's my guess.)--- Never received complaints from anyone about Dr. Wecht's airport and limousine charges? No. Would you agree the least thing any of them cared about was how he got to the airport? Laughs. Yes. They just cared that he got to the airport, about his brain? Yes.Do you know of a single client who would not have paid $100 more for his services if he had asked it? Objection. Calls for speculation. Sustained.Did investigators ever try to sit down with out and reconstruct whether these charges are accurate? No. The American Express card was used to pay for the flight? Yes. There was no reconciliation done to see if they matched? No.Calls up a document onto the screen. Air fare round trip, Pittsburgh to Tampa, $961? Yes. Calls up an invoice for air fare Pittsburgh to Tampa. Shows Wecht client was undercharged (Note: Not overcharged).Calls up records of trip from Pittsburgh to Amarillo, Texas. Indicates Wecht first flew from Pittsburgh to Dallas-Fort Worth, then connecting flight to Amarillo. Would you agree that if you add those two numbers, the total cost is over $1,900? The invoice was $1,646. So that's another example of where the client was undercharged, correct? Yes.Calls up another airfare bill brought up earlier by prosecution. There's a discrepancy, correct? Yes.Calls up another document onto screen. This is another fight, Pittsburgh to Providence, around the same time. That's on the Scott case, correct? Yes. Flo (Johnson)'s writing on it. Shows different prices being quoted by airlines and noted by Wecht staff at different times in the same period. Shows another differing set of charges which the defense suggests may be different rates quoted by the airlines for the same types of flights. As you review all of these documents would you agree it's sort of possible to reconstruct what happened here, correct? No. As far as you know, there was no plan by Dr. Wecht to systematically overcharge customers for travel expenses? No.When she was getting ready to retire, and was training her successor on procedures, did she tell her to make copies of the travel agency invoice forms? Yes.Did Dr. Wecht ever sit in on those training sessions? No.Asks her about Eileen Young? Friends. Not able to speak with her for past several years because of this investigation.Asks if she was the closest to Dr. Wecht at work in the many years they worked together. Yes. Exciting job. Wasn't boring. Did you think you were doing good things? Yes. Do you think the people of Allegheny County got their money's worth from Cyril Wecht? Yes. Do you think his private clients got their money's worth from Cyril Wecht? Definitely.9:17 AM Redirect questioning by Stallings.Shows providence airfare bill. There was an actual travel agency receipt with the actual cost charged? Yes. That wasn't sent; that wasn't that difficult to reconstruct? No.Prosecutor questions point out that Wecht's payments to her for private work once she came to the coroner's office never equaled what she was paid for that work before she joined the county.Prosecutor walks her through the various times she was interviewed by investigators and attorneys for both the government and the Wecht defense team. Notes that they repeatedly showed her IRS and FBI reports on their previous interviews with her and that she repeatedly verified their accuracy.How did you find the lawyer that was with you and is representing you? Objection. In continuing the questioning it's established that her lawyer is Stanley Preiser, an attorney who she had earlier identified as working with the Wecht team on this case. (Note: I recall that he was also Wecht's defense attorney at his trial by the county many years ago.)You were asked if Dr. Wecht also has a microscope in his private office? Yes. Are you absolutely certain you have seen the defendant review slides on a microscope at his private law office? Yes.Stallings introduces a document as evidence. It's a deposition at the Wecht private law office. Defense objects repeatedly, citing lack of foundation for introducing it. In response, the judge is not allowing the jury to see it, but the witness is being permitted to look at it to establish her knowledge. Asks her to silently read it.Did you ever have a conversation with Dr. Wecht about what he testified to in private deposition about whether he had a microscope in his private office? No.This is from 2004.9:36 AM Witness asks for restroom break. Judge grants 15 minutes. As the jury is leaving the room, the witness says "too much coffee." Wecht Day 10 - Feb. 14, 2008 - 9:50 a.m. update Testimony of Blettner resumes.(Note: the line of questioning before the break was not continued. Stallings' questions before the break appeared to suggest that during a deposition Wecht may have some something contradicting her testimony on whether he had a microscope in his private office.)You were asked in cross-examination whether you had ever heard the phrase Wecht details. You said not until after this trial started? Correct. Asks her how. She answers "the Internet." His questions point out the fact she hadn't heard the phrase "Wecht Details" (used by some coroner's deputies) doesn't mean she didn't know they were doing errands, etc. for Wecht.Asks her about Mercur-Lombardo Travel Agency blank invoice forms. You said no one ever complained. Did you ever tell a private client 'we're sending you a limo bill, but he never took a limo'? No. So they didn't know enough to complain about it? No.You were asked about a private phone the defendant had installed on your desk for long distance calls. Questions establish that documents show she gave out the coroner's office number for people to contact, however.Shows document. Fax phone number notation on it is a coroner's office number. You were carrying out these private transactions with clients at the coroner's office, correct? Yes. During the workday? Yes.--- Shows document indicating she had communication with the firm doing Wecht's private tax and accounting work. Another document shows them changing accounting firms. The letter shows her instructing the firm to contact her at a coroner's office phone number.---- Stallings notes that she testified during questioning by the defense that Wecht was independent of the accounting details. It was the defendant told you to ask the clients for two checks. Yes. It was the defendant told you to cash the checks. Yes. It was the defendant to whom you gave the cash. Yes. (...Questions continue on these lines...) But outside of *that* he was independent of the accounting details? Yes.Questions and documents shows that rather than actual travel agency billing statements for flights, the fake invoices were sent. She says the actual travel agency bills had information on multiple flights, not the individual flights in question.On her coroner's office duties and private duties. He could tell you do less, do more, right? He was the coroner? Yes.10:17 AM Recross by McDevitt.On phone calls from private clients. When they call in the coroner's office, there's no charges to the county? No.Questions by McDevitt seek to establish that since the charges against Wecht have been filed, she's still not heard of any clients complaining about the limo charges.10:23 Her testimony ends10:24 AM Next witness: Eileen Young. Questioning by prosecutor Jim Wilson.(I slipped out of the courtroom for a few minutes to see if Maribeth Blettner would be willing to speak on camera when she leaves the courthouse. She declined, saying that she would have to ask her attorney first and that her attorney was not there. Before leaving the building, she had to stop at the U.S. Attorney's office to sign paperwork and find out about her flight arrangements to return to Florida. I then went down to the lobby to describe Blettner to our photographer, so he would recognize her as she left. News Photographers are not allowed to shoot video inside the federal courthouse. )(I'm back in the courtroom now. Witnesses' first several minutes on the stand are spent providing personal biographical details and background information, so we didn't miss anything important).Young testifies that was formerly Wecht's primary administrative assistant. Questioning establishes that the government has a copy Used the QuickBooks accounting program to keep track of the books for Wecht's private business.For a time she was Wecht's number two administrative assistant when she came back to work for Wecht in the coroner's in fall of 1997. She didn't do the QuickBooks bookkeeping for Wecht Pathology initially. Maribeth Blettner showed her some things, but she taught herself a lot. A time came when she was going to assume Maribeth's position, but she still didn't get much time for training. She says Maribeth was talking for a long time about wanting to retire, and move to Florida and get a nice tan. Young says she hoped and assumed that she would move up to take Blettner's place. Her basic duties when she was number-two administrative assistant. She was authorized to sign several people's signatures for documents, payroll. She says Dr. Wecht is pretty compulsive about answering letters that come into the office: thank you notes, notes of condolences, letters of recommendation, answering correspondence that came into the office. He would dictate the letters. She would take shorthand. Quite a few at a time. Can she recall roughly how frequently that would happen? Very frequently. On a daily basis? Can't say it was daily, but then says there wasn't a day when she didn't see him. Sometimes took dictation several times a day. Did she handle the incoming coroner's mail? She was opening it and giving it to Maribeth. Would also open mail for Wecht Pathology, throw away junk and give the mail to Maribeth. She's sure Blettner read them all and gave them to Dr. Wecht, but did not watch her.As number-two, did you receive e-mail on behalf of Wecht Pathology? Yes, I did. She printed it out and gave it to Maribeth. Did you as the number two, have the ability to forward e-mail to Maribeth? Doesn't know, because Blettner wanted it printed out. She doesn't recall a lot of Wecht Pathology e-mail coming to her.10:56 They were about to show her a document, but Wilson asked for a chance to speak to the defense attorney. Now they've all gone up to confer with the judge at sidebar, out of earshot of people in the courtroom. Wecht Day 10 - Feb. 14, 2008 - 11 a.m. update Sidebar ends. Judge says they'll go through a series of documents, showing them only to the witness, not to the jury. Then they'll determine if the jury will see them.Government shows letter she identifies as one written by Wecht that she typed. The jury is allowed to see it. The defense notes that it has a continuing objection over chain of custody for this evidence.March 9, 1999. She was number-two administrative assistant when she typed it. It deals with a lawsuit involving two estates.Another document: memo she wrote to Maribeth regarding a private case autopsy. The jury is allowed to see it.In answer to question, she says a private autopsy case is not work for the Allegheny County Coroner's office.There's a reference to Dr. Rosen in the letter. During March of 2000, Dr. Leon Rosen was an Allegheny County pathologist. But at the time he sometimes did private autopsies for Wecht, when asked. Dr. Wecht had contract with several counties-- Westmoreland, Armstrong, Indiana, Greene-- that he did in his private capacity. Letter refers to a $1,500 fee.Next: April 2005 letter, referring to a private case when she was the number two. The jury is allowed to see it.Next memo: captioned "Desert Isle." Lists names of attorneys. Got it from Wecht Pathology employee Flo Johnson. Notation indicates she was gathering and passing on information related to the private case. This was a medical malpractice case.Next document: Could you summarize what you're doing here with the private case information? Passing along private case information to defendant prior to him giving instructions to you? Correct.Another document: Memo regarding private casework. Deals with Wecht's schedule. When did you start taking over scheduling for the defendant? Sometime when she was still number two administrative assistant.Next document: Another memo she typed to Wecht regarding his schedule and private work. She says it appears to be something Dr. Wecht would have dictated to her Shows that the document was faxed from the coroner's office.Another document: Another item she typed while she was number-two, dealing with a private case. Jury allowed to see it, as they have been allowed to see all of them.What would she do when a private check came in? She would hold it until Maribeth came in, putting on desk in Maribeth's office.Next document: Memo to typed to both Wecht and Maribeth, dealing with a private case.--- Questioning continues concerning documents typed by Young concerning Wecht's private work. They appear to show a progression of increasing familiarity with and involvement in that work while she was his county-paid number-two administrative assistant.---- (Here are a few more background notes about Maribeth Blettner, whose testimony ended this morning. As Blettner was leaving, the current witness -- Eileen Young -- was entering the courtroom. With tiny gestures, the former co-workers blew kisses to each other as they passed.)(Blettner moved to Florida after her retirement, and the former Pittsburgher returned here for her testimony unprepared for the harsh February weather. When her testimony was postponed on Tuesday because of a courthouse power outage, she told me that she did not have a winter coat. She had borrowed one from a friend on the first day of her testimony. She entered and left the courthouse that day wearing a light sweater and she had to walk through the slush in white shoes.)11:55 AM : The trial is now breaking for lunch. Wecht Day 10 - Feb. 14, 2008 - 1:03 p.m. update Judge reminds jurors (as he does periodically) not to discuss the case with anyone and to avoid news coverage of the case. Monday is a federal holiday: they will not be in session. Thursday is the annual moot court competition. He does not yet know if he or his courtroom will be involved. If that's the case, this trial may not be in session next Thursday.This trial is in session on Mondays through Fridays only. This week the federal courthouse power outage forced postponements on Tuesday and Wednesday.Government introduces a document from the witness to Wecht and Maribeth Blettner concerning a possible private autopsy case for Wecht Pathology. The letter indicates "the client is still alive."Another document: she describes it a being based on a form letter, February 2001 correspondence advising a private client of what will be needed and what the charges will be. It says she will be faxing out abbreviated biographical CV material. She testifies she would fax the first 21 or so pages, and then mail the full 80 pages later.--- Assistant U.S. Attorney Jim Wilson continues to introduce a series of documents typed by witness Eileen Young. These are documents related to Wecht's private consulting work which she typed while on county time at the coroner's office. The government is using these to show patterns of practices involving Wecht's private work done at or through the coroner's office.---- 1:39 PM Document on a private autopsy case. Involves the death of an African-American man in police custody. Fee was 10-thousand dollars. Was not just an autopsy, it was a private medical-legal consultation report. The check was to go to Wecht's Wood Street office. Flo would bring it to the coroner's office. The witness as number-two would open it and give it to Maribeth.Another document: June 27, 2001. After the autopsy. Letter dictated by Dr. Wecht. Talks about preparing microscopic slides for study. Does she know where that would have been done? She answers no.Next document. June, 2001.Another document: June 28, 2001. Concerning a private autopsy.A sometimes testy undercurrent is occasionally surfacing in the back and forth between prosecutor Wilson and witness Young. It surfaced a couple of times when she tried to suggest that the dates on some of these documents may be clerical errors. Wilson challenged her as to why she would suggest that. She believes the sequence of dates didn't make sense to her.Next document: Also June 28, 2001. This correspondence is to an agent group concerning a television program. Is this the type of correspondent you would have done during this period of time for the defendant? Correct.Another document: Mentions possible speaking engagement at medical association in Wheeling.---- Next document: sometimes typed letters concerning political matters, running for office. Both himself and relatives. This letter is an example. It's about soliciting contributions from attorneys to the campaign of Wecht's son.Another document: a letter dictated by Wecht to a doctor on behalf of his son David's campaign for Superior Court. Did you get tasked from time to time with sending out this type of political correspondence? Yes. Acknowledges it was probably part of a batch of form letters going out to physicians. What would be the process by which a political fundraising letter like this would be sent out? She acknowledges that he would dictate it. She would take shorthand. Go to type it out. She would have a database and would merge the form letter with the database. She would do this at the coroner's office. Stick the envelopes into printer, print them out. She would then stuff the envelopes. Flo would help her. Flo would take them to the mailbox or to David Wecht. Or the witness may drop them in the mail on her way home.Letter begins: "I'm writing you as a fellow physician to ask if you would consider contributing to the political campaign of my son, David." Acknowledges it was prepared by her on county time at the coroner's office. The letter tells people to call her at a number at the coroner's office.Another similar form letter: solicitation to an attorney and to a late Pittsburgh newscaster. (The newscaster was Patti Burns. Wilson did not say her name, but it was visible on the computer screen display.) The letter was returned, sent to the wrong address.Did there come a time when you got promoted to the number-one administrative assistant position? Yes. Maribeth Blettner said she was going to retire near the end of 2001.2:21 Testimony is continuing. Questions establish that when she became number one assistant, she started working on a laptop computer. The evidence being presented her is copied from the hard drive of that computer. It also has photos of her grandson.Wilson: We didn't open those files, did we? Young: No, you should have. He's cute.That's the computer on which she would do letters, requests for fees, etc.Kathy McCabe became the number two administrative assistant when the witness became number one.2:26 PM Judge indicates that they'll continue until 3:15 PM.Next document: based on a standard form letter. A solicitation for business for a medical malpractice case. Faxed a 21-page portion of his CV, said she would send the complete 78-page version by mail. She would use the fax machine at the coroner's office. Any urgent need here to get the matter out by fax? No. That's just the way she did it.Another document: same type of letter. She had authority by this time to sign his name on his behalf. Is it fair to say that by this time your were familiar with and comfortable with the procedure? Yes.Next document: Her shorthand. Wrongful death case. 24-year-old African-American male on probation. Notes say he reports he tested positive for marijuana. Handcuffs him, he pulls away. Police claim they cannot find him. He was found beaten. This was an example of private casework.More documents: shorthand notes on conversation with Cheryl White on behalf of Jim Martin. Also a letter based on that.At some point a fax machine left over from a campaign became available. She requested it for her use for the private work. A work order was put in to the county to install a phone line for that fax machine,She had a stack of Wecht resumes in her office so she could send them out as needed.A news clipping from 12 June 2004. A national news briefs newspaper clipping. Note in Wecht's handwriting: June 15. "Possible new case I was called about. Did you contact this attorney? If you find his name in a possible new case file, give him a call concerning my possible involvement."(Continues reviewing document after document prepared by her at the coroner's office dealing with Wecht private business matters.)Next document: an e-mail concerning CyrilWecht.com .. an inquiry concerning a possible private consultation by Wecht. This e-mail came to her on her computer at the coroner's office. She would respond to these on her computer mostly while at the coroner's office. Says she used form letter she said and it would only tax a few minutes. Says sometimes she'd respond from home.3:13 PM. Trial in recess until 8:30 AM next Tuesday. Copyright 2008 by ThePittsburghChannel. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. | Special Coverage
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