Day 23: Bob Mayo Blogs The Cyril Wecht Trial In Pittsburgh

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 23 - March 11, 2008 - 8:34 a.m. update

Defense attorney Jerry McDevitt resumes cross-examination of witness Mark Rohosky. He was married to Michelle Rohosky, whose body was autopsied at Carlow University.

McDevitt shows a document that indicates the personal care home where his wife died had no record of him as next of kin. He had been estranged from his wife for more than 25 years. Rohosky's testimony is that he was unable to locate his wife, because the state cited "patient confidentiality."

McDevitt has Rohosky acknowledge that he took no steps to be listed as next as kin while his wife was previously at Mayview State Hospital. The defense attorney shows records that the coroner's office had McKeesport Police try to track him down for notification and that Rohosky no longer lived at his last known address.

McDevitt shows a coroner's report that they located him at a residence and spoke by phone with a woman who identified herself as Rohosky's fiancee. The record shows that when the coroner's office finally reached him on Sept. 25, 2005, he said he would not make arrangements for her funeral.
McDevitt: from the time you told the coroner's office you were not going to make arrangements, that never changed, did it? A: No.
Q: Do you dispute the accuracy of the entry on Sept. 25 that you told the coroner's office that you wanted to speak several different funeral directors regarding cremation prices.
Q: Is it true that you did not call back the next day as you said you would, or call back the rest of September? A: I did not call back.
McDevitt asks about a coroner's record indicating the coroner's office called Rohosky on October 7 -- 18 days after his wife's death. Rohosky says he called back before that and was told his wife was already cremated and that they could not find the ashes.

McDevitt: Did you call the coroner's office back on October 7, when you got a message from them? Yes. I did.
McDevitt asks if the coroner's office gave him contact information for St. Vincent DePaul Society on October 13th, 24 days after his wife's death. McDevitt asks if Rohosky did not contact the DePaul Society until October 30.

McDevitt shows Rohosky's handwritten letter to the St. Vincent DePaul Society dated October 30, 2005, well over a month after his wife died and he knew she was dead. Rohosky answers he was contacted by someone before that who told him she was already cremated and her ashes could not be found.
McDevitt questions why he would contact the Society for burial if his wife's ashes were lost. Rohosky says he didn't believe the ashes were lost.

McDevitt asks when he found out his wife's body was sent to Carlow for autopsy. Rohosky answers that it was when the FBI contacted him.
McDevitt: was that January 2006? A: I can't remember the date.
McDevitt: Were you shown a document that records your conversation with FBI Agent Orsini? Yes. Government stipulates the date of the interview was January 30, 2006. Rohosky acknowledges that was his first contact concerning his wife since the October 30th letter.

McDevitt asks if he even provided a pair of pajamas for his late wife. Asks if he knows what effects his wife had when the body arrived at the coroner's office? He says it was whatever the facility gave her.
McDevitt: would it surprise you to learn it was only a shirt? Witness suggests that may be what the doctors left her wearing. Rohosky says more than once that he doesn't appreciate McDevitt's questions. Stallings objects to the question, but the judge overruled.

8:59 AM Questioning by prosecutor Stallings.
Q: Defense counsel said yesterday that you left your wife in 1980; is it true your wife was institutionalized in 1980? Yes. He says again he wasn't able to contact her "because of patient confidentiality."
Stallings: did your wife have a hard life? Yes, sir.
Did you want to do one last thing for her? Witness answers yes.

9:01 AM Next witness: Carol Baker. Employed as a funeral director at the Jones Funeral Home in the Hill District. Defense notes for the record that they have a continuing objection to this witness.
In November, 2005 did you come into contact with Cora Stallworth? A: Yes. Stallworth contacted her concerning a friend -- Gretta Brown -- who had no family members. Wanted a brief service. Funeral home retrieved remains from coroner's office. Witness says body was already embalmed because the body had to be held 30 days until any possible family members could come forward. She noticed an incision, indicating an autopsy. The death certificate said that no autopsy had been done. Witness says she obtained a revised death certificate for Gretta Brown.

9:07 AM Cross-examination by defense attorney Mark Rush.
Q: Ms. Brown had no family members...? Correct. Acknowledges that the body was held for 30 days, then released to Brown's friend.
Rush asks about the death certificate and who she spoke with at the coroner's office. Doesn't remember.
You didn't speak with Dr. Wecht? No.
You have no personal knowledge of what happened to the body of Ms. Brown? A: Correct.

9:11 AM Redirect by prosecutor Jim Wilson. Asks if she was given any information about why an inaccurate death certificate was issued? Objection to the form of the question. Overruled. Witness answers that she was not given any information.

Wecht Day 23 - March 11, 2008 - 9:13 a.m. update

Next witness: David Donis (sp?) of Slater Funeral Home. Testifies that Charlotte Kegel had prepaid for her funeral.
Prosecutor Jim Wilson shows witness a handwritten letter from Kegel to the funeral home, setting forth her wishes on disposition of her remains. It's dated August 19, 1981.
Defense Attorney Rush objects that there's no evidence the coroner's office ever saw this letter. Judge Schwab overrules, saying Rush's objection sounds more like a speech.
The letter says "please don't make me a donor of any of my organs." Wilson asks to show the jury a photo of Kegel that was with the letter. The defense objects. The judge looks at the photo and overrules the objection.
Wilson: were the remains of Charlotte Kegel at some point removed from the coroner's office. Witness: Yes.
Wilson shows witness a morgue report showing the date of release of April 11, 2005. Date of death was April 4. (This is a body that was autopsied at Carlow.) Wilson shows a death certificate with the witness's signature. Wilson notes the box saying that no autopsy was performed.

9:23 AM Cross examination by defense attorney Mark Rush, who shows him the letter from Kegel.
Q: This letter wasn't sent to the coroner's office or the personal care home? Witness answers that it wasn't.
Asks if it was ever sent to Dr. Wecht. She says it was not. Rush establishes that it was provided to the FBI.
Rush: did you tell them that this was an internal document of the funeral home and the coroner's office never got it? A: No.
On questioning the witness says he doesn't recall being asked.
Rush asks about other correspondence from Kegel; she changed her position and no longer wanted a public funeral? Witness agrees.
Rush displays the undated "funeral and internment instructions". Witness says these were followed instead of her earlier instructions regarding not having a service.

9:29 AM Redirect by Wilson. Do you have any reason to expect that a storage case being kept by the coroner's office would be autopsied for no apparent reason? Objection. Sustained.

9:30 AM Testimony of this witness ends.

9:31 AM Next witness: Annabelle Vargay of East Pittsburgh.
Wilson: Was Lillian Takcacs related to you? She was my stepmother, who lived two doors up from her. She saw her every day. Takcacs got sick and entered the hospital, then nursing home, then passed away. September 2004. She learned of the death from the nursing home.
Did they ever advise you that your mother's body might be used for training... subjected to an autopsy? She answers 'no'.
Did anyone from Wecht Pathology ever call and ask if your mother's body could be used for scientific purposes...? No.
After your conversation with the coroner's office, did you have any information about what would happen to your mother's body, other than that they would be cremated? A: No.

9:37 AM Cross-examination by Rush. Ma'am, you told the coroner's office that you would not be able to claim the body.

Wecht Day 23 - March 11, 2008 - 9:38 a.m. update

Next witness: Nicholas Baich of Elizabeth. Questioned by prosecutor Stallings.
His late mother was Frances Baich. Became estranged from his late mother before her death. Died November 24, 2004. Notified by Kane Nursing Home in McKeesport of his mother's death. Spoke with representatives of the coroner's office in December. They asked him for a letter regarding his mother's property.
Regarding the body? Told it would be held for 30 days, then cremated.
Stallings shows the letter in which he gives up rights to his mother's property and says he will not be making funeral arrangements.
In answer to questions, Baich says he was not told and did not know that his mother's body would be used for educational student autopsy. He also says he would not have given permission for it.
Why? "Because of my Catholic beliefs."

9:45 AM Cross-examination by defense attorney Jerry McDevitt.
Estranged from mother? Yes. Had not spoken in 5 or 6 years.
Isn't it true the nursing home called you and told you the night before she died that she was very ill? Yes.
You didn't go to see her? Was going to go the next day.
Stallings objects to "the snide tone of the question."
McDevitt asks if he made arrangements for last rites, given his Catholic beliefs. Witness says he didn't go because he went to see his priest.
Baich acknowledges he never claimed his mother's body and did not make funeral arrangements because he could not afford it.

---

Q: You don't like Dr. Wecht much, do you? Objection. Overruled. A: Never gave him much thought.

McDevitt establishes his next dealings concerning his mother was when he was contacted by FBI Agent Orsini. February 3, 2006.
You told the FBI that day you didn't claim your mother's body? Correct.
Shortly after meeting (16 days) , his story and picture appeared in the newspaper. Talked about how the autopsy took away his mother's dignity.
You didn't even try to find your mother's ashes, did you? A: What could I do with them?
Q: The answer is no.
Q: You said in the article that she was "used as a bargaining tool"? Yes. He references arrangements with Carlow.
McDevitt asks who told him his body was used as a bargaining tool? A: Sir, that was my own conclusion that I came to.
Q: Your story came amidst the allegations that Dr. Wecht had "traded bodies?" That's correct.
Q: You told my colleague Mark Rush you didn't have think much of Dr. Wecht. A: I always thought Thomas Noguci (sp?) was a better forensic pathologist. ... says he doesn't have an opinion of Wecht as a person.
Stallings: Your reaction when you learned? A: Horror. Absolute horror.

9:58 AM Judge says they're taking morning break.

Wecht Day 23 - March 11, 2008 - 10:23 a.m. update

Stallings has stipulations agreed to by both sides to read to the jury. The assistant U.S. Attorney proceeds to read to the jury a statement recounting certain points of information that are not in dispute. These range from such things as the years during which Wecht was coroner to the date and transportation of some sixteen bodies.

10:36 AM The United States calls witness Kay Sineway of the South Hills. Charles Lamond was her brother. They had a close relationship. He died in November, 2005.
Had a conversation with the coroner's office when she learned he died. She told the office that they'd be claiming him as soon as they made arrangements with Delessandro Funeral home.
Did you give anyone permission for anyone to use his body for educational purposes? She did not. Was not asked. Would not have give permission if asked. She came to learn an autopsy had been performed -- found out from funeral director. She says she never gave permission for an autopsy.

10:41 AM Cross-examination by defense attorney Mark Rush. He expresses sympathy for the loss of her brother.
You didn't have any conversation with Dr. Wecht about your brother? No, I did not.

10:43 AM Stallings says the government rests its case.

10:44 AM Judge: OK, let's talk about scheduling. Tells attorneys to file any motions by three o'clock this afternoon. Asks that the responses be filed by 7 PM. Says he'll have rulings by late tonight or first thing tomorrow morning. Says we'll see you all tomorrow.

Judge starts to leave the bench, defense attorney Jerry McDevitt says the defense rests as well.
(That's an unexpected development. Back tomorrow morning at 8:30 AM.)