Day 15: Bob Mayo Blogs The Cyril Wecht Trial In PittsburghUPDATED: 5:39 pm EST February 26, 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 15 - Feb. 26, 2008 - 8:37 a.m. update Judge Schwab enters the courtroom. Defense attorney Mark Rush resumes his questioning of the witness, Eileen Young. She was once Wecht's administrative assistant at the county coroner's office and also was paid by him to do work for his private business. She's testifying under a grant of immunity.Rush establishes that Wecht was a member of US Airways frequent flyer program and US Airways club. In response to Rush's questions, Young indicates that she remembers Wecht and his private aide Flo Johnson discussing use of his "frequent flyer" mileage credits in application to some of his airfares.Rush establishes through his questioning of Young that: -Wecht's private clients expected the pay the fair market value for his airfare. -Wecht's frequent miles are his property. -The clients did not expect Wecht to use his own property to pay for the airfare when he traveled on their behalf.Rush asks questions about AAFS: the American Academy of Forensic Sciences. She says the coroner's office paid for Wecht's membership. The prosecution had raised questions about Wecht plans to be out of town to attend an AAFS event. Young's testimony is that Wecht's attendance at any AAFS event would have been in connection with his duties as coroner.Asks about American College of Legal Medicine. Young indicates Wecht's involvement was official coroner's business and sponsored by Allegheny County. Rush notes and Young agrees there was no private aspect to the trip. During earlier questioning by the prosecution, Young had questioned why Assistant U.S. Attorney Jim Wilson had counted that event in his running tally of how many days Wecht was out of town during the workweek.Another trip: Wecht lecture sponsored by the PA Supreme Court to lecture before state judges on the topic of DNA. It was also raised previously by the prosecution. Rush seeks to show that it taken as part of Wecht's official duties as well.8:52 AM Rush moves on to use of limousine receipts. Asks if the general practice of Wecht's business was to bill for travel expenses in advance. Young says yes.Rush recalls Young testified she was once bothered by Wecht's use of a limo charge when he actually used a county car to get to the airport and mileage to out of county autopsies in his private business. She recounts again that she questioned Wecht about it because it troubled her.Was his reaction outrage? No. Belligerent? No. He told you that $80 round-trip limo charge was for incidentals during travel, is that correct? Yes. Rush asked if that included magazine and newspapers. She doesn't recall details, but says it all seemed appropriate.Young gives example of the sorts of things you can no longer carry onto planes as examples of incidental expenses Wecht might incur.Rush asks if she ever showed him the actual limo receipts in question while discussing the matter with him. She answers no.Did she once suggest Wecht increase the limo fee by $5 for a one-way trip? Yes. Would she have done that if she thought it was wrong? No. Did you believe the fees under the limo charge were expenses Dr. Wecht legitimately incurred in his travel? She says she believes it was fair.You took on the responsibilities so that Dr. Wecht could focus on science and do what he does best, forensic pathology? Yes. Did he trust your work, ma'am? Yes he did. Is there any reason he would ever have to look at the backup (documentation, the limo receipts)? No.Ma'am, you said you met with the government in excess of 15 times? She says she didn't keep track. Numerous. More than 10. How many times did they ask you about the limo receipts? Several repeated occasions.Rush brings up her previous testimony that she had used two different styles of handwriting on the limo receipts. Did you say "no, no, no, he didn't know"? Young: He didn't. You told the government repeatedly that Dr. Wecht didn't know? She says she did. Rush attempts to question why the government brought it up before the jury. Young says no one told her to do it. She said when her predecessor trained her, Maribeth Blettner said "we make them look different." Young again expresses her embarrassment and says she's sorry. Young chokes up a bit as she's speaking. She says she's apologizing. She says she's not an idiot. She shouldn't have done it. Anyone would have known that it wasn't appropriate. That she was raised properly. She again answers that Wecht did not know about it (the two styles of handwriting on the limo receipts). She also says it wasn't the limo receipt itself that she feels was wrong, it was the use of two different types of handwriting (to make it appear as though more than one person was involved in preparing the invoice). Rush shows Young an FBI 302 report (FBI notes on its interviews with her). Rush asks and Young confirms that it includes no mention of the FBI questioning her about the limo receipts.Rush establishes that it was in 1977 when she started working for Wecht 31 years ago. Began with him during Wecht's first tenure at the coroner's office. Wecht became a county commissioner in 1980.Notes as a side point that she hasn't been able to talk to Wecht since this investigation and trial began.When Wecht left county government in 1984, she went to work in the county computer department. Describes a supervisor's alleged sexual harassment. After her discussing this a bit, the prosecution objects and the judge strikes her answer.Rush establishes that she told Wecht about the incident and that Wecht later hired her as his second-rank administrative assistant, after she worked for a time in the county lab department on budget and payroll.She was delighted to return to working for him when he returned to the coroner's office. It was around October of 1997. When Blettner retired in 2001, Young became Wecht's number one administrative assistant. That's when Young also became an employee of Wecht's private business.Rush establishes through questioning Young that when Young assisted Blettner in doing Blettner's private work for Wecht she was helping out a friend. (This refers to the period before Young herself worked for Wecht's private business.)Rush says he wants to discuss Wecht's work ethic. In answer to questions, Young says Wecht works constantly and that Wecht's wife says he sleeps only a few hours a night.She says that on Wecht's trips to the airport he would call her and talk about Allegheny County coroner's office business.Was Dr. Wecht proud to be the Coroner of Allegheny County? A: I think that's quite clear. Dr. Wecht was quite proud, extremely proud. Committed to serving the residents of Allegheny County? A: Yes. He's a bright man, educated, and author? A: Yes. Created opportunities for others around him, publishing opportunities? Yes.Rush refers to a document in evidence, a published book that lists as co-authors or contributors several former coroner's office employees under Wecht.Various chapters are "the day in the life of" a forensic photographer, forensic toxicologist, forensic epidemiologist, a forensic pathologist, etc.Rush asks her to silently look over the "about the authors" section of the book. Wecht Day 15 - Feb. 26, 2008 - 9:39 a.m. update Is the coroner's office acknowledged in this Reader's Digest book? Yes. Wecht was given a $6,000 fee for writing the introduction to the book. She testifies that he gave the money to the more than half dozen employees who took part and that the coroner's office received credit and recognition.9:42 AM Moves on to national shows. On Larry King? numerous occasions. Geraldo? Yes. MSNBC? Yes. She confirms that Wecht does these appearances at a downtown Pittsburgh location satellite studio location. With city skyline behind him? Yes. Do they call him because he's the coroner of because of who he is? A: Who he is. In answer to question, she says she believes the county has benefited from Wecht's national recognition.How does Dr. Wecht take care of the secretaries in the coroner's office office pool? She indicates he's very generous to them. Takes them all to lunch "on his own dime" on Secretaries Day. Sometimes his wife would join them.Holiday parties for staff? Staff party for everybody.Rush moves on to having Young comment on July 2000 letter in which Wecht offers for the coroner's office to take part in a national study on the prevention of domestic violence. Using it as an example of Wecht's professional activities related to his duties as coroner.Another letter: Wecht writing to a county council official about Wecht co-chairing a county violence prevention task force with then-county executive Jim Roddey. Rush calls it an example of a pro-active approach by Wecht. She agrees.Next letter: Wecht writing a Democratic state legislator urging the lawmaker to support funding sought by Republican Roddey for an Allegheny County coroner's office function. Wecht Day 15 - Feb. 26, 2008 - 9:57 a.m. update Testimony continues.Another memo typed by Young: detailing Wecht's support of an effort to combat sex-related violence.Another letter from Wecht, typed by Young. March 27, 2000. It concerns Wecht's support for a National Forensic Science Improvement Act. Rush says this was the coroner of Allegheny County not doing autopsies, but working for betterment that benefits the public.Next: a letter from Wecht to Congressman Murtha seeking support of the bill, which Wecht writes would enhance the ability to help law enforcement. Rush points out and Young agrees that it was beyond his duties as coroner, but activity on Wecht's part to the public benefit.10:05 AM Moving on to another document. Letter from Wecht typed by Young. It suggests to coroner's office pathologists that they publish a paper on their findings in two cases concerning alleged threats involving weapons that resulted in heart attack deaths. Rush asks and Young aNext: a letter to Republican County Executive Jim Roddey concerning efforts to get a forensic science lab in the coroner's office.Another letter: by Wecht to Pitt, typed by her. It sought to arrange for medical school residents program at the coroner's office. Rush: another duty he took on in his role as coroner that had nothing to do with autopsies? Young: that's correct. Rush: I know we talked about Dr. Wecht reading five newspapers a day. Did he keep on top of current events? Yes he did.Shows letter from October, 2001 in the wake of the anthrax incident in Washington DC. It's to the medical examiner there, discussing the incident. Then shows a memo from Wecht to staff. It says the coroner's office must definitely put in place a program for dealing with potential biological and chemical terrorism deaths.Next: a letter from Wecht to Republican (then State Senator) Tim Murphy discussing an article Murphy sent to Wecht about infanticide and mental illness.Rush establishes that Wecht's private employee Flo Johnson would make copies of articles for distribution to county coroner's office government employees. Young confirms.Next: memo from Wecht to Young and other county employees discussing his desire to set up educational seminars for local law enforcement on various topics, including gunshot wounds, stabbings, child abuse, vehicular homicide, etc.10:21 Judge says they will now take a break until 10:40 AM. 10:43 AM Judge Arthur Schwab says they'll break at 11:45 and return at 12:45, so that a juror can take care of an issue. Judge discusses with the attorneys their filing of certain papers related to the case.10:45 AM Defense attorney Mark Rush resumes his cross-examination of witness Eileen Young. Wants to focus on the period she was both first administrative assistant at the coroner's office and also an employee Time in Dec of 2004 When Sigrid Wecht (Dr. Wecht's wife) contacted you about moving the Wecht law firm to a new location? Yes. She found a location around November or December. Move from a Wood Street address to a Penn Avenue address. Shows document: Rent check for February 2005, $2,250 for the new Penn Avenue location. Young confirms she wrote the check from Wecht Pathology. Rush: prior to moving, they contracted with Stumpf moving and storage? Yes. Rush shows document: invoice for move and a notation in her handwriting that a check was paid to the mover $2,741.87.Rush: prior to this time, you had private files of Wecht Pathology at the coroner's office? Correct. Young says she had been contemplating moving closed case files; that her office had been getting pretty messy. Says she had been stockpiling paperwork and not sending it to the Wood Street location until after the move happened. Rush: so those closed private files were accumulating in your office? That's correct. She says she had a conversation with Flo, and told Flo to let her know when they were settled. Did she tell you when it was a good time to move the documents? Yes. After the Stumpf move to Penn Avenue? Yes. What did you tell Ms. Johnson? That she would be packing boxes on February 10th and would move on the weekend. She says she hired deputy coroner Donald Kanai to assist in the move. Started loading the boxes for the move on Friday, February 11th. Delivered Saturday, February 12th and a second move on that day. How do you know that no boxes were delivered on Friday, February 11th? Just by what she was told (by Flo Johnson).Rush: you were asked by Mr. Wilson on direct examination whether you were aware there was a criminal investigation at the time of the move? She says she was not at that time. Why did you have the boxes moved? To clean my office. Any other reason, Ma'am? that was my reason. Your decision? Yes. Dr. Wecht had nothing to do with the decision? No. No conversation with him about it? No. Were you concerned about getting them out of there quickly? No. Nothing to do with this case? No. Only had to do with you wanting the boxes out of your office? That's correct. Rush attempts to ask her about possible statements from Donald Kanai to the effect that she seemed rushed. Objection from prosecution. She's permitted to answer simply that she works quickly.Rush asks if the government asked her questions about moving the boxes? Yes. How many times? Many times. Each of these times did you tell them that the moving of these boxes had nothing to do with the criminal investigation? Yes. Indicates that the government kept coming back to the topic, apparently not believing her. How many times did they ask you? Many times.Other than the single "302" FBI interview investigation form showed earlier, has she seen any 302s of those numerous interviews with her? No. Asks her to review the one 302. She confirms that there's no reference in that 302 form to the movement of boxes. Rush: so in the many times you told them Dr. Wecht had nothing to do with the movement of the boxes, they never wrote that down and didn't provide it to the defense? No. They didn't ask you during their direct examination of you about the movement of the boxes, did they? No.Did you ever have any conversation with (Coroner's Deputy) Rick Lorah about why you moved the boxes? No. Ever have any conversations with Mr. Donald Kanai about the boxes were being moved? No. So if he testifies later about your reasons for moving the boxes, he'd have to be reading your mind? Yes.It had absolutely nothing to do with Dr. Wecht, correct? That's correct.Displays government exhibit to witness a Sat. Feb 12, 2005 newspaper article. Did this article have anything to do with the decision to move those boxes? No. In response to Rush, she indicates again that the some of the boxes had already been moved the day before the article was published.11:17 AM Moves on to another topic. Rush's questions establish through Young that there was a separate office for Wecht Pathology that was fully equipped as a functioning office. You were paid separate and distinctly from your coroner's office salary for your work for Wecht Pathology? That's correct.Rush has Young describe the duties of various private employees of Wecht Pathology.She says Darlene Brewer would type reports of Wecht's private autopsies. Shows a 2002 W-2 document indicating Brewer was paid over $29,000 a year. Young testifies that Brewer also had health benefits.Rush: Let's talk about Flo Johnson. She's a private employee of Wecht Pathology. That's correct. Wecht Pathology provides her a car and she uses it to make deliveries? That's correct. Young says Johnson went wherever she was asked to go. Histology slides? Young says she would pack them and Johnson would take them to the Wecht Pathology office for mailing. All of the postage was paid for by Wecht Pathology? That's correct. Under questioning by Rush, Young indicates Johnson would copy profession-related articles for distribution to coroner's office pathologists.In response to Rush's questions, she indicates the coroner's office sponsored some seminars at the Wecht Institute and Allegheny General Hospital and the District Attorney's office sponsored some as well.Rush asks about Wecht Private employee Joe Mancuso.Next asks about private employee George Hollis, who was also an employee of the coroner's office.Now turns to office expenses incurred by Wecht Pathology, focusing on the year 2003 (as an example).Among the items on a longer list: Pension Plan expense: $34,017 Health insurance for employees $25,350.97 Rent expense(at Wood Street separate office) $25,805.66 Copier and fax: $4,811.40 Telephone $5,306.97 Storage $3,319.30 Postage & Courier $5, 466.82Rush: these are all expenses he incurred to maintain a separate and distinct private office (apart) from the Allegheny County Coroner's office? A: That's correct.Rush says he totaled them to $146,173, a fairly significant amount of money? Young: Yes.Young testifies that the figure would have been comparable for other years.11:42 AM Did George Hollis prepare slides for Wecht Pathology and provide them to her? She indicates he did. Asks about occasion when Hollis came to her. Hollis was upset and crying. Do you know why? Yes I do. Objection: the prosecution says it calls for hearsay.Did he continue to provide slides for Wecht Pathology after that meeting? She says she doesn't remember. Rush is attempting question Young further about certain aspects of the meeting, but is not being allowed by the judge to get into certain details at this time because it could involve hearsay.Asks about Hollis' demeanor. Young: he was sad. You don't know where he did those slides? She says she never saw him prepare a slide.11:48: The judge recesses for lunch until 12:45 PM. Wecht Day 15 - Feb. 26, 2008 - 12:45 p.m. update Judge and jury are back. Rush continues questioning Young. Rush says he's going to go count by count and address them through exhibits.Shows an exhibit. Fax sent from the coroner's office administrative office number. Not the one located in her office. It's to Kate Creegan. From her office ends in 69, not 99.Did she use the fax in her office for both coroner and Wecht Pathology business? Yes. Rush asks if that was provided by Wecht. She says she doesn't know.Another exhibit. It's another fax to Kate Creegan.Next exhibit. A memo to Creegan. She thinks it was faxed, but she doesn't know.Next exhibit. An invoice to Creegan. She doesn't know if it was faxed under the previous cover sheet.Asks how long it would have taken her to prepare all of these documents. She answers some took seconds, others a minute or minute and a half. They continue adding minutes for the several various pages in the fax.Rush: if we add all those up, we're at 14 and a half minutes.Now Rush calls up a phone bill and shows the cost of the fax was 23 cents.Rush notes on a tally sheet: 23 cents to fax, 14 and a half minutes to prepare.Now Rush calls up another exhibit: a letter faxed from her office at the coroner's office. In response to questions, Young indicates it took three minutes to prepare the form letter.Rush notes on his tally sheet: 2 page fax, 3 minutes to prepare.Now he moves on to a document representing count three of the indictment. How long would it take to prepare? She says it's based on a form letter. She says two and a half minutes. The invoice? It's a form document. She says three minutes to prepare. Next document a minute and a half.Adds to tally for count three: Four-page fax, 10 minutes to prepare.Next, count 4. Document is a three-page fax. Young says 30 seconds to prepare. It was form material with a line written in.Rush adds to tally: Three-page fax, half a minute to prepare.His sub-tally of time spent for the year 2002: 28 minutes.Moves on to count 5. Document is a two-page fax. Now he goes to the phone bill, which shows the fax cost 12 cents to send. Next document? she says it's a form that would take only a minute or minute and a half to fill out.Updates his tally for count five: 12 cents to send the fax, and 5 and a half minutes total to prepare.On to documents for count six: a minute to prepare, she says. Cost to fax: 18 cents.Rush update his tally for count six: 18 cents to fax, one minute to prepare.On to documents for count seven.(You can see the pattern. My notes from now on will summarize his tally for each count.)Updates his tally for count seven: nine cents to fax... four minutes to prepare.Updates his tally for count eight: 13 cents to fax... four minutes to prepare.Updates his tally for count nine: 26 cents to fax... four minutes to prepare.Count 10 9 cents to fax ... 3 minutes to prepare.Count 11 13 cents to fax ... 6 and a half minutes to prepare.Count 12 21 cents to fax ... 3 minutes to prepare.Count 13 16 cents to fax ... 2 and a half minutes to prepare.Count 14 21 cents to fax ... 4 minutes to prepare.Count 15 18 cents to fax ... 23 minutes to prepare.Subtotal for year 2003 $1.76 in fax costs, 58 minutes total for 2003 to prepare.Count 16 34 cents to fax ... 15 minutes to prepare.Testimony is continuing. Wecht Day 15 - Feb. 26, 2008 - 1:53 p.m. update Defense attorney Mark Rush is continuing to walk witness Eileen Young through government exhibits to show exactly how much it cost taxpayers in money and time for reach of the criminal counts of wire fraud against Wecht.Count 17 30 cents to fax ... 5 minutes to prepare.Count 18 2 cents to fax ... 3 minutes to prepare.Count 19 2 cents to fax ... 2 minutes to prepare.Count 20 59 cents to fax ... 4 minutes to prepare.Count 21 3 cents to fax ... 4 minutes to prepare.Count 22 2 cents to fax ... 1 minute to prepare.2:10 PM Judge calls recess until 2:25 PM. Wecht Day 15 - Feb. 26, 2008 - 2:25 p.m. update Rush corrects the following figures:Count 1 23 cents to fax ... 14 and a half minutes to prepare.Count 2 12 cents to fax ... 3 minutes to prepare.Count 3 24 cents to fax ... 10 minutes to prepare.Count 4 18 cents to fax ... 1/2 minute to prepare.That would bring the total for 2003 to $2.53, 58 minutes to prepare.My Tally of his individual figures for 2004 adds up to $1.35.My tally for the two dozen wire fraud counts covered here over the course of two years: less than $4 in fax line costs and an less than two hours of work time.Rush hands her the list that they've been building together. Says they're going to look at count 25 of the indictment.Changes topics for now.Do you recall that Dr. Wecht made a contribution to Duquesne University to found the Wecht Institute? She was not aware. Rush shows her a document she prepared on behalf of Wecht. It's dated December 14, 2004. It says enclosed is a check of $10,000 from Wecht, which follows contributions and pledges from others.Rush shows documents showing that the county executive Jim Roddey received a Wecht Institute event invitation on coroner's office letterhead. Rush asks her if that indicates Roddey was aware of it. She indicates that it does.The next letter shows an invitation to a symposium to PA State Supreme Court Justice Ralph Cappy on coroner's office stationery in October of 2000.Next letter is to the president judge of the Allegheny County Court of Common Pleas. Rush asks if this shows the judge was aware of the Wecht Institute as well. She says that is correct.Rush goes on to review congratulatory letters from a federal appeals court judge to Wecht at the coroner's office on official stationery. It praises the establishment of the Wecht Institute and Wecht's efforts.Prosecutor Jim Wilson now objects to the Wecht Institute materials, arguing that they are not relevant. Rush answers that the prosecution has introduced testimony about "Wecht details" to Duquesne University. The judge instructed the attorneys to address the dispute in writing.Rush moves on for now to another topic: the mileage charge to outlying counties for Wecht's trips there on private business for them, given that he used county cars. Again, Rush establishes that when Young questioned Wecht, he indicated the mileage charge was intended to recover incidental expenses.Rush says that, given the mileage rate, the value of each mail fraud count related to mileage is four dollars to eight dollars per count.In response to Rush's cross-examination, Young is describing the FBI's first visit to her home. She says they knocked on the door seconds after he entered her home. When she told them she was tired and wanted to eat first, she says they did not readily accept that. She says her husband had to repeat it to get them to wait until they had dinner.She says "I told them I think Dr. Wecht is one of the most admirable men I've ever met in my life." Rush: They didn't include that in their report, did they? No.Did Agent Orsini ask you if you ever traveled with Dr. Wecht? She indicates the agent did, and that her husband objected. She says the agent then told her husband that he didn't mean anything by the question.3:13 PM Judge says they will break for the day and return tomorrow at 8:30. he cautions that they might have to get up earlier...apparently because of the weather. Copyright 2008 by ThePittsburghChannel. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. | Special Coverage
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