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Closing Arguments: Bob Mayo Blogs The Cyril Wecht Trial In Pittsburgh
POSTED: 9:22 am EDT March 17,
2008
UPDATED: 4:07 pm EDT March 17,
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 24 - March 17, 2008 - 8:27 a.m. update The courtroom is crowded this morning with people who've come to hear the closing arguments. Former U.S. Attorney General Dick Thornburgh -- part of the Wecht defense team -- is here for the first time since the early days of the trial.8:33 AM Judge Arthur Schwab and jury enter. He welcomes the jury to week eight, day 24. Tells them he appreciates their diligence in this case and thanks them for their labor. The birds are back- there are not yet leaves on the trees -- but we've made progress.Judge declares the evidence and the record closed. Now closing arguments: government, defense, then government. Will take a break after each. Could break for lunch as late at 1 p.m. Thinks it's best to finish all of the arguments before lunch. After lunch he will charge them with their instructions.He tells the jury that closing arguments are not evidence; they are to decide whether an item was proved or not proved.He says we are about to begin. Government may begin its closing.8:38 AM Prosecutor Jim Wilson.
49 days ago, Mr. Stallings stood before you and told you the case was a simple one. The defendant used county resources to run his county business. Personnel, equipment, and facilities for his own personal enrichment.
The public relies on government officials to act in the pubic interest, not their personal enrichment. Property also includes intangible objects, like the value of an employee's time and service.
If you consider $790,000 in income private gain, then the answer is yes. If you consider only the work of Eileen Young on the private side of the Wecht Pathology business, you will recall that she and she alone was the office manager for Wecht Pathology. She did so out of her work space at the Allegheny County Coroner's office. She typed every letter, answered every call...processed every referral.. paid every bill...handled the monthly information to accountants... in short, she handled every aspect of the day to day operations of the consultation side of Wecht Pathology. While on County time and county salary.This is indeed a very simple case. You can see the light at the end of the tunnel, but for a little while we're still in the tunnel here together. Bear with me as I take you one more time through some of the documents we looked at.First, look at some of the counts in the indictment. The defendant did seek to run his private business using the resources of the Allegheny County Coroner's office.Counts 1 to 24 charge scheme to defraud, violate certain duties, deprive citizens of county of their right to his honest service.Scheme is not someone rubbing hands together in a back room....recalls old Dudley Do-Right cartoon character, villain Snidely Whiplash. In contract, he say a scheme is merely a plan for accomplishing an objective... to accomplish an outcome.Used resources provided at taxpayer expense... taking opportunity to cut his overhead costs. Evidence shows over and over and over again, bring substantial profit to himself.Gives an example theft: taking something that doesn't belong to him or her: taking a wallet from someone's purse.
Gives example of break-in, taking TV -- burglary.
Example: someone puts on ski mask, demands money from a clerk in a convenience store: robbery -- the taking of property by force or threat of force.All have one thing in common: one person takes away the property of another.Fraud is different -- the person who loses their property doesn't have it taken away from them. Victim often gives their money to the perpetrator of the fraud because they have come to trust or put their faith in that person.The government charges the defendant created relationships of trust, then exploited them. Taxpayers, whose trust he violated. Also his clients, to whom his sent fake and fraudulent invoices.
He also violated the trust of the people at Carlow University by promising what he could not legally deliver -- bodies from the coroner's office. He was seeking to enrich himself by violating the trust others had place in him.
Deprived citizens of their right to his honest services.Counts 1 through 24 all charge the offense of wire fraud. Not complicated. Defendant, principally through Eileen Young had a scheme to run his private business out of the coroner's office.Constantly, regularly, daily, caused the transmission in interstate commerce of what is commonly called a "fax." There's no allegation that the content of some of the transmissions were false, though some of them were.
Wecht Day 24 - March 17, 2008 - 9 a.m. update These faxes are the fruit of the defendant's scheme to run his private business out of the coroner's office. Was getting Counts 24 through 27 similar, but deal with mail, instead of interstate wire transmission.
Must show : scheme, was intentionally done -- not by accident, mistake, negligence. You don't in a fit of inattention produce $790,000 in a calendar year of income. There's a plan.Counts 28 through 32 are also wire fraud counts. Slightly different. In addition to defraud, add production of fake documentation -- fake limo fees, airfare. Put in his own pocket, kept off the books of Wecht Pathology. The defense was cashing and keeping checks in excess of $20,000 a year.Counts 33 through 36, again mail fraud. Add aspect that defendant sent false mileage reimbursement claims where defendant had no mileage to reimburse.Using gas paid for by the county, in car provided by county. Defendant was question by Miss Young... he said it was to cover for things like mileage and tolls.County 37 through 41: different from first 36. Illegally got income/ property in each year in excess of $5,000 from agency -- Allegheny County -- that got funding in excess of $10,000 from the federal from federal government.The defendant got his $5,000 worth and more from the his use of Eileen Young, who was employee of county.. from her salary alone, every year. The defendant embezzled, stole, obtained by fraud.9:09 AM. Defendant's use of deputy coroners, histology lab, bodies, executive assistants. You were told "Wecht Details " errands -- were favors done for Dr. Wecht and his family.
Simple question: did you hear even one of the deputy coroners describe these details as favors?
Quotes witnesses as saying they did them because they were told to do so.
Recalls deputy who said she was told to do an errand and leave a body hanging from a suicide case.
Another who said he was told by Wecht to do an errand because the body of some accident victims "weren't going anywhere."
Recounts various deputies testifying that they did errands for Wecht because they were told to do so.
Wilson recounts it was a common practice for to give county "comp time" for off-duty errands for Wecht.
Says it wasn't a big deal that deputy in case cited drove Wecht's family to the airport-- but argues that it was part of the culture created by Wecht at the coroner's office.Recalls that deputies had to repeatedly drive Wecht's secretary to and from work during bad weather.
Wilson says, "To quote my 11 year old son, 'Are you kidding me?'" How many people do you know that would like to be shuttled back and forth to work in bad weather? How about back and forth from jury duty in bad weather?Wilson describes a deputy named Smitty (John Smith) who did a driving errand for Wecht and was tipped $2. Notes that it was the same sort of ride for which Wecht charged his clients $90. Says it shows Wecht knew his family members knew were being taken to the airport and that the order was coming straight from the top.Wilson recalls the coroner's deputy who was sent on county time to buy tennis balls for Wecht -- and example of errands she did because she was told by her supervisor to do so. Now mentions another deputy who says she was ordered to do the errands by her supervisors daily -- and that it had a negative impact on county employee work and morale.Wilson recalls that Corner's Deputy Tiffany Hunt also testified to being sent to a private office on county time to make political calls for the campaign of Wecht's son.Prosecutor recalls another deputy coroner who said Wecht was upset when he found out a supervisor was writing down particulars in documentation of the Wecht details.Prosecutor Wilson describes testimony of a coroner's employee who drove Wecht's wife to a theater, Wecht's son between location and his car, etc.Says he won't further detail examples, but says, "These were not favors." These were county employees being diverted from their duties. In a persistent and systematic way that had nothing to do with their duties as deputy coroners.Wilson says it doesn't take long to figure out that not having to pay for shuttle service, or parking, or errands, "this constitutes a substantial economic benefit to the defendant" and it was at the expense of Allegheny County and the taxpayers.
Wecht Day 24 - March 17, 2008 - 9:31 a.m. update Now talking about George Hollis, the histologist who was on the county payroll and also did private work for Wecht. Witness testified it was common knowledge that Hollis was doing Wecht's private work at the Allegheny County Coroner's office.Says that Dr. Wecht himself knew that Dr. Bennett Omalu was doing private work on brains for Wecht at the coroner's office. Recalls Omalu says told him that if their salary at the county is low, they are free to do whatever they want to do in the way of private work.Wilson says they jury has records of Hollis' private histology work at morgue. Says it Wecht Pathology had to pay a private rate, Hollis doing that work would have saved Wecht Pathology from over $27,000 to over $75,000.---At no time did Carlow University ever have an agreement with Allegheny County or the coroner's office. Never. The agreement was with Wecht Pathology, the defendant's private business.You know that when the defendant entered into this agreement he was also county coroner. Carlow's agreement was with a private party. If something had gone wrong, Carlow could not have sued the county.Says Wecht as coroner could not use bodies from the coroner's office to satisfy the obligations of his private business.Sister Grace Ann Geibel may have had an idea for an academic program. But at the time, defendant had a pressing need of an annual business expense of $60,000 a year. (PIMS) Pittsburgh Institute of Mortuary Science had been in negotiations with work out an academic program in exchange of elimination or reduction of rent paid for use of facilities.Wilson says the agreement with Carlow must be viewed in that context. He shows the jury documents previously introduced as evidence on the negotiations between PIMS and Wecht.Wilson says to the jury: "sound familiar? No rent in exchange for the program." Shows April 28, 2003 letter from PIMS telling Wecht that if he continues to use PIM facilities, he'd have to pay $200 a case. Wilson says Wecht had more that $400,000 in autopsy income from his private business. Asks if there was there anything on the horizon that could keep from taking bite out of defendant's income.Shows letter to Sister Geibel from Wecht. Wilson says there was nothing wrong with setting up an academic program at Carlow, and that there's no allegation that Carlow College did anything wrong."What is wrong is the defendant using his authority as coroner to highjack bodies" to meet his private obligations in his contract with Carlow College.Joe Dominick was the chief deputy for defendant at the Allegheny County Coroner's Office. The one person who you would expect to have a handle.. the details of the operation. He didn't have the faintest idea how many body went, who went, or why. That's the point... he had no records, he had no names. But he could tell you who came in "with one sock on."Who eventually was able to tell how many? Ed Strimlan testified it was the FBI that told him who had gone to Carlow and when. The only record came from the livery service of Tom Smith. What went wrong, that the bodies of people whose relatives never gave consent went to Carlow for autopsy?Wilson: unrebutted testimony was that the policy of the coroner's office was to keep a body for 30 to 45 days to give an opportunity for relatives to claim. Wilson says time is slipping away.... won't have time to go into certain further details.Says defendant did not fulfill his obligations under the law regarding bodies from the coroner's office.The defendant did not follow the law concerning the release of these bodies. Sister Grace Ann is a woman of faith. Says '...Her faith in God is well placed, but her faith in defendant, not so much.""Even I am smart enough not to pick a fight with a nun." But he says he might take issue with "a former college president."Wilson notes the final written agreement between Wecht and Carlow says Carlow agrees to provide access to property and lab, and that the primary means of instruction will be cadavers provided.Wilson says: bodies, lab space? "The government didn't make this up."One is tempted to bring up the old saying about a duck: If it quacks, has feather, and webbed feet.. but I won't do that.Wilson says bodies were sent to Carlow while the search for next of kin was still going on.
Wecht Day 24 - March 17, 2008 - 10:07 a.m. update Wilson recounts the details about individuals whose bodies were sent to Carlow University for autopsies.Members of the jury, you have often heard the defense counsel say that all the power of the coroner's office rests with the coroner. Point taken. What about the responsibility? Members of the jury, the evidence of this case tells you all of it.The instructions undid every single procedure for dealing with bodies at the Allegheny County coroner's office.Members of the jury, if they're going to Carlow first (before going for embalming at PIMS ), there is no way the next of kin procedures can be followed. It can't happen.The day the defendant abandoned any pretense he was serving the people of Allegheny County. By that one directive he undercut every effort of his staff to find next of kin to make an informed decision.Responsibility for the mess the Carlow program became, every bit of that belongs to the coroner too.He set aside his duty to the citizens of Allegheny County. He was using something precious that came into the coroner's office to satisfy his objections under a private contract.I must confess I have no baked goods, no cookies, no cakes, no pies to convince or cajole. I have something better. You have a wonderful opportunity to do what is right. If you abide by your oath when you go back in that room... if you allow your deliberations to be instructed by your common sense.If you abide by that oath, you can speak the truth. No one can ask any more of you.If I can be so bold as to paraphrase defense counsel... the Allegheny County coroner's office was the best deal Cyril Wecht ever had.10:22 AM Government concludes this portion. Started at 8:38 AM.Judge says closing by defendant could take up to two hours. Recesses for 20 minutes.
Wecht Day 24 - March 17, 2008 - 10:40 a.m. update The closing argument by Wecht defense attorney Jerry McDevitt begins.I know that you know how important this verdict is to Dr. Wecht and his family. The greatest right we have in this country is you. It's you that has to decide whether they've proven the case against Dr. Wecht beyond a reasonable doubt.. or whether it's a miscarriage of justice.Speaks of presumption of innocence and reasonable doubt. It is the purest defense you can make. Focus simply on the witnesses and documents they brought here... did they prove beyond a reasonable doubt.Every crime they have charged Dr. Wecht with requires a very specific intent. You cannot have intent for the action of others.You'll be told that an honest error in judgment does not raise to the level of crime. Speaks of absence of malice and ill will. Think of how little evidence was presented about Dr. Wecht.How much evidence did the government submit about what other have done. They've not come close to proving wrongdoing by Dr. Wecht. He says a mountain of evidence can be used to hide a molehill.Says all this scheme stuff is just a dumping ground.On use of office fax machine: 24 faxes, sent over 4 years. No one's ever been charged with that in history of county. What are the hard costs? Average cost of 17 cents a fax and seven minutes of time. Less than cost of stamp or the time it takes to take a smoke.$270 in limousines, $700 in air fare. Simply billing errors. No one trying to swindle anybody.$141.19 ... hard costs of mileage to district attorneys from other counties. Notes none of them were prosecution witnesses.Did they put on any evidence from financial analysts? No. A complete lack of evidence on how they value anything.Talk about the so-called "heart of the case."Mr. Stallings in his opening, said there was nothing wrong with Dr. Wecht having a private business, or making a lot of money. An admission fatal to the charges: everyone knew Wecht had a private business."Let's do a legal autopsy on the legal heart of their case." Says it's diseased.Takes George Hollis, who did histology work.Brings up "Where's Waldo" books. Asks "where's George Hollis... is he hiding under the table somewhere?" They didn't bring him in to testify.How about other witnesses they said would prove Dr. Wecht had knowledge of George Hollis doing Wecht's private work at the morgue.The constant theme in this case is that you didn't get the truth until cross-examination: that Dr. Wecht didn't know (what George Hollis was doing).Talks about testimony of Dr. Bennett Omalu. He (Omalu) knew that Hollis was doing the slides there.McDevitt says Hollis refused to lie, that Omalu was frightened by power of prosecution and the possibility of deportation.Says Omalu acknowledged during cross-examination that he never told Dr. Wecht.McDevitt asks jury, if it was such common knowledge (about Hollis), why couldn't' they bring in one witness to say they told Dr. Wecht (Hollis was using the county lab instead of a private lab to do private work for Wecht).McDevitt says all the prosecution witnesses said the same thing... and you never saw George Hollis.---Notes performance audit of coroner's office didn't note one of the things the federal prosecutors are focusing in this case? Complete failure, as abject a failure as can exist to show knowledge on the part of Dr. Wecht. They knew that. That chamber of the heart of the case is prosecutorial over-reaching.Let's move on to the second chamber of the heart of their case. Use of deputy coroners. Says prosecution said the evidence was the tip of the iceberg; says the iceberg is melting.Talks about testimony about hot dogs transported in coroner's van. Started with hot dogs, ended with parking tickets. Mr. Strimlan couldn't even tell you who told you to do it (transport the hot dogs)... but Dr. Wecht did not tell him. He says that's emblematic of the evidence brought you. That's brought to you as evidence of criminal conduct.McDevitt says the testimony from a deputy Rick Lorah (sp?) that Wecht said to let bodies wait during errand was never corroborated by a single witness. Notes story about body left hanging in Plum Borough -- totally uncorroborated.Says evidence about Wecht details came apart at seams.
Wecht Day 24 - March 17, 2008 - 11:17 a.m. update McDevitt argues that the 'Wecht details" testimony was used to raise questions about the Wecht Institute, but that the government acknowledges that the Institute is not a part of this case. He says if you eliminate trips to Wecht Institute, it dramatically reduces the number of errands in this case. Says Wecht was often doing county work while en route in county cars to and from airport. What about mail runs? Mail is delivered once a day. Can't be that much.Did they make any attempt to put a value on those Wecht details? Any witness take the stand to explain financial analysis? None.That chamber of the heart of the case isn't doing that well.Let's go on to another chamber. The use of administrative secretaries. McDevitt says those women were each paid separate salaries to do private work. If Dr. Wecht was trying to defraud Allegheny County, why would he pay them at all?Says they testified they worked long hours and always got their private work done.McDevitt argues that Wecht maintained a separate private office with employees there, a fax machine, a postage machine. He says there was testimony from secretaries they even bought stamps and paper for use at coroner's office. Brought computer.Says other testimony shows underbelly of this case.Cites visit by FBI Agent Bradley Orsini to Cathy McCabe's home on Palm Sunday, and his bringing up the Martha Stewart case.Notes that not one FBI agent who were involved in this case for three years took the stand. Not one.You heard Miss Young tell you about the inappropriate conduct by Agent Orsini when he came to her house. Notes there are no "302" FBI reports on certain interviews.Notes that Young even at risk of losing her immunity if she lied did not name Dr. Wecht as telling her to do a wrong act.McDevitt asks jury if it's a federal crime to talk to out of county prosecutors about solving crimes. Asks why never prosecuted before...going on for years.Asks why state troopers , attorneys, aren't indicted here as co-conspirators, if it was a crime.the people of Allegheny County knew exactly what that man was doing. Everyone saw him on television. They elected him every single time he ran.If there were an election tomorrow, he'd be elected again by the people of the county.This part of the heart of their case suffers from some blockage.Moves on to another chamber: charges involving Carlow. Says let's dissect this one very carefully.From the evidence they produced in this courtroom, they didn't talk to a single person at Carlow before they brought these charges, before hurled those allegations on CNN and elsewhere.They never talked to Sister Grace... we know that now after six weeks.She called it reprehensible that they never even talked to her.Agent Orsini didn't take the stand and say why. Nothing.There's only one conclusion you can make. They made that charge without interviewing anybody. They shot first, and investigated later.They couldn't back away, it was the defining allegation of the case. Not one FBI agent took the stand. Did they get the agreement later, and try to pigeon hole the allegations into them.Do you know, as you sit there now, what did all these FBI agents do, what did all these prosecutors do, when they had this information in their hands? Nothing. Nada. No proof of any investigative due diligence at all.Says the timeline never worked in this case.Did you ever hear evidence anywhere in this trial that there were bodies being transported in 2003? There were none until 2004.They either had their facts wrong or they were misleading the grand jury. No other explanation.
Wecht Day 24 - March 17, 2008 - 11:40 a.m. update McDevitt says very misleading things were done. Tried to put formed intention in Cyril Wecht's mind to send bodies as condition to the agreement. Says took 15 hours of testimony, but shown not true in 15 minutes.Asks if ever Dr. Wecht were kind of person who would use unclaimed bodies in the a private business transaction, why wouldn't he have done that with Pittsburgh Institute or Mortuary Science. Says Government case blew up in testimony from PIMS official who said Wecht never did that.Now says do you think anybody with a brain wouldn't say that it doesn't say it doesn't sound right that Wecht would trade bodies with a Roman Catholic nun?Let's have the decency to go and talk to her before we make the allegation. You heard they never did it.There's no debate about what happened. Sister Grace offers the lab space at Carlow. She's trying to induce him... she needs him to come there to build the academic program. Never once did Sister Grace talk to that man about trading bodies or anything like that. She said it was reprehensible that they could make that kind of charge without even asking me.Imagine that, a prosecution witness calling them reprehensible.Then, things got really desperate. They took the private letter from Ms. Kegel who wrote a private letter saying don't use my body to donate organs. Says they knew she never saw it and the defendant never saw it.They asked Sister Geibel whether sending the body would show disrespect for the dead. They asked that of a nun, when they knew she and Dr. Wecht had never seen that letter.Tells you everything you need to know about the lengths they will go to get a conviction.Dr. Wecht never told anybody to shortchange next of kin procedures. Dr. Wecht never had anything to do with the decisions of those deputies to release those bodies.What was Dr. Wecht's instruction? To send bodies that were unclaimed to Carlow.Says for those who do not claim the body, they do not have a right to object to the autopsy of the body.Says the allegation he didn't show respect for the dead is one of the most offensive. For these people to have said that is disgusting. That's most malignant parts of their case.Says the program is still under way at Carlow. Do you really believe Cyril Wecht is down there teaching our children disrespect for the dead? Do you think that's what he's doing down there?There to teach skills to a whole new generation.This part of the heart of their case, is the most malignant and malicious you can get.The only thing to do is acquit this man of every charge they brought.Start with counts 1 to 27, Scheme to defraud. Has to show the defendant actually knew.Notes allegation of failure to disclose private business under state ethics form. Says the only allegation is that Wecht filed late for three years. He says they have to show materiality. The only thing he had to disclose he had Wecht Pathology. Everybody knew that.If you ignore they haven't shown any intent to defraud...which you can't....the definition of conflict of interest under the state code excludes "de minimis" which has an insignificant effect. Individually the lowest fax is two cents. The total over the years adds up to minimal costs and time.Let's look at the mailings in counts 25 to 27. No indication they were sent from the coroner's office. Again argues the time and costs are minimal.McDevitt asks how much time he has left. Judge says until 12:40 PM.
Wecht Day 24 - March 17, 2008 - 12:03 p.m. update McDevitt tells they jury that the law says they have to be unanimous in their decision as to what Dr. Wecht did.. what was the crime and whether there was any criminal intent.McDevitt says prosecution didn't provide any financial analysis of the value of the use of county equipment and time. Peering through a microscope? They didn't put a value on that.Moves on to next counts.McDevitt says Wecht never got a single complaint from his private clients about his bill. Says they weren't call in here... and state prosecutors would not walk in here and play the game federal prosecutors want them to play.He tells the jury prosecutors not supporting prosecutors, that ought to tell you something.Argues there was no criminal intent... and that there is reasonable doubt.Let's be honest: when you target somebody for prosecution, you take aim with a straight shot.Here, they take a shotgun, fill it with a lot of legal buck shot, hoping, praying, one kills the bird. They think no matter what, you guys will convict on something. It's throwing mud at the wall.Recalls phrase "Don't make a federal case out of it." Don't make a federal case out of something nobody cares about.Notes that Wecht's state prosecutor clients are not complaining and are still using his services. Says those prosecutors won't come in here and "play that game."Notes that the few people among Wecht's customers called as witnesses did not complain and seek reimbursement. Testified the expenses were negligible and would still hire him in a minute. Asks if these witnesses are reasonable men. One said that if he had problem with bill he would have called Dr. Wecht. Reads testimony from a prosecution witness answered those limo charges were immaterial to him.I'm almost done. I've completed my legal autopsy of their case.There is no man or woman who deserves to be treated as he was in this case. He's in the 77th year of his life. He has Pittsburgh in his DNA. He is to forensic pathology what the Steelers to football. Came from humble beginnings, show that with Herculean efforts you can do great things. Says Wecht tries to give back to his community through education.Reads quotes from prosecution witnesses who praised and complemented Wecht as a person.Ladies and gentlemen, I am about finished now. If get up and tell you things that are incorrect, I won't be able to correct them. I'll have to rely on your memory.You're going to write the next chapter of his life. I urge you to do justice here. The only justice here is to acquit him of these charges.Don't do an injustice here. This man has spent his life getting justice for people. Please do it for him now... 41 times... not guilty. No buckshot, no miscarriage of justice.12:27 PM Defense rests. Judge says we'll take a 15-minute recess before the government resumes and concludes its case.
Wecht Day 24 - March 17, 2008 - 12:40 p.m. update The prosecution now will make its closing argument to the jury. Assistant U.S. Attorney Steve Stallings.Listening to the closing argument, I remember what a law professor once again. If you have the law, argue the law, if you have the facts, argue the facts, if you don't have either, attack your opponent. Says that's what the defense has done here and during the trial.Says there's no question the defendant used public resources to enrich himself. Used county resources in violation of his public duties to benefit his private business.Says the scheme was to use county resources for private gain.. not to use fax machines. Says that was in furtherance of that scheme.The charges are not what the defendant's lawyer said they were.Did the defendant do it on purpose? Did he have the requisite intent? I think the evidence shows you beyond any doubt he did this for his own benefit and he did not do it by accident.Stallings says Wecht never paid his executive secretaries anything approaching what he paid them for his private work before they started working from out of the coroner's office.Stalling tells them to think of the pay of Wecht's executive secretaries over the years "on the county's dime" ... saving his business thousands and thousands of dollars.He tells jury that the coroner had an obligation to put the money from the work for the outside counties into the coffers of Allegheny County, if his intent was to work for justice.Says coroner's office was a competitor of Wecht's business for that out of county work -- and that as coroner, Wecht raised the county's rate. Stallings point to this as an example of intent.Says defense argument about George Hollis is a straw man-- a dummy set up that's easy to knock down. Says it doesn't make a difference where Hollis did those slides. Says issue is did he do them... and did it create a backlog.Stallings says the Wecht Institute is another straw man. He says prosecution didn't bring it up once.... the defense did. Says it has nothing to do with this case.Judge: three minutes.Stallings: talks about Wecht's interaction with coroner's deputies and secretaries to show knowledge and intent.I don't have much time left. Do you remember this document? In the defendant's own hand on this sticky note... add charge for ground transportation. Says it shows intent.Reads letter from Wecht to critic.Says defendant knew full well he was using county resources to run his private business.Stallings makes reference to Wecht's constitutional rights...including to call witnesses, which the defense did not do. McDevitt objects. Judge overrules.On expense checks form clients: says all of it flowed to Dr. Cyril Wecht's pockets, $20,000 a year literally.Judge tells Stallings his time is up.Thank you. We would ask that you return a verdict of guilty on all counts in this case.1:03 PM Prosecution rests. Back at 1:45 PM.
Wecht Day 24 - March 17, 2008 - 1:45 p.m. update Jury re-enters the room.1:48 PM Judge Arthur Schwab is back on the bench.He says it's now time for final jury instructions. Says "first of all, I don't control the heat in this building. All I can tell you is that it's cooler than where my son was in Fallujah, Iraq." Until it's 120 degrees and you have body armor on, you won't have a lot of sympathy from me. He then jokes that it's about 10 degrees warmer for him, wearing his robe.He says the jury wants to deliberate 8:30 to 2 PM each day. Won't deliberate on Friday, or on Monday the 24th, if the deliberations go that long.Judge Schwab is reading his final instructions. The complete document is 56 pages long.2:13 PM The judge is now having the jury members silently read to themselves the 41-count indictment against Wecht. That text is part of the 56-page jury instructions.2:37 PM. I attempted to upload the text of the judge's instructions to the jury, but rather than paste the 56 pages into the blog, we posted it as a PDF link.2:40 PM The judge has resumed his reading of instructions to the jury.
Wecht Day 24 - March 17, 2008 - 3:38 p.m. update Judge asks the prosecution and defense if there's any objection they'd like to put on the record. Defense attorney Jerry McDevitt asks if he means other than those he already lodged. The judge repeats the question, and McDevitt says that -- other than those already voiced -- no.3:58 PM Judge tells alternates they are not dismissed. They do not have to come in every day, but are subject to replacing jurors. Judge says he will shake hands of alternates and meet with them in his chamber, since they may not return.3:59 PM Judge says the jurors may go back to the jury room.
Wecht Day 24 - March 17, 2008 - 8:27 a.m. update The courtroom is crowded this morning with people who've come to hear the closing arguments. Former U.S. Attorney General Dick Thornburgh -- part of the Wecht defense team -- is here for the first time since the early days of the trial.8:33 AM Judge Arthur Schwab and jury enter. He welcomes the jury to week eight, day 24. Tells them he appreciates their diligence in this case and thanks them for their labor. The birds are back- there are not yet leaves on the trees -- but we've made progress.Judge declares the evidence and the record closed. Now closing arguments: government, defense, then government. Will take a break after each. Could break for lunch as late at 1 p.m. Thinks it's best to finish all of the arguments before lunch. After lunch he will charge them with their instructions.He tells the jury that closing arguments are not evidence; they are to decide whether an item was proved or not proved.He says we are about to begin. Government may begin its closing.8:38 AM Prosecutor Jim Wilson.
49 days ago, Mr. Stallings stood before you and told you the case was a simple one. The defendant used county resources to run his county business. Personnel, equipment, and facilities for his own personal enrichment.
The public relies on government officials to act in the pubic interest, not their personal enrichment. Property also includes intangible objects, like the value of an employee's time and service.
If you consider $790,000 in income private gain, then the answer is yes. If you consider only the work of Eileen Young on the private side of the Wecht Pathology business, you will recall that she and she alone was the office manager for Wecht Pathology. She did so out of her work space at the Allegheny County Coroner's office. She typed every letter, answered every call...processed every referral.. paid every bill...handled the monthly information to accountants... in short, she handled every aspect of the day to day operations of the consultation side of Wecht Pathology. While on County time and county salary.This is indeed a very simple case. You can see the light at the end of the tunnel, but for a little while we're still in the tunnel here together. Bear with me as I take you one more time through some of the documents we looked at.First, look at some of the counts in the indictment. The defendant did seek to run his private business using the resources of the Allegheny County Coroner's office.Counts 1 to 24 charge scheme to defraud, violate certain duties, deprive citizens of county of their right to his honest service.Scheme is not someone rubbing hands together in a back room....recalls old Dudley Do-Right cartoon character, villain Snidely Whiplash. In contract, he say a scheme is merely a plan for accomplishing an objective... to accomplish an outcome.Used resources provided at taxpayer expense... taking opportunity to cut his overhead costs. Evidence shows over and over and over again, bring substantial profit to himself.Gives an example theft: taking something that doesn't belong to him or her: taking a wallet from someone's purse.
Gives example of break-in, taking TV -- burglary.
Example: someone puts on ski mask, demands money from a clerk in a convenience store: robbery -- the taking of property by force or threat of force.All have one thing in common: one person takes away the property of another.Fraud is different -- the person who loses their property doesn't have it taken away from them. Victim often gives their money to the perpetrator of the fraud because they have come to trust or put their faith in that person.The government charges the defendant created relationships of trust, then exploited them. Taxpayers, whose trust he violated. Also his clients, to whom his sent fake and fraudulent invoices.
He also violated the trust of the people at Carlow University by promising what he could not legally deliver -- bodies from the coroner's office. He was seeking to enrich himself by violating the trust others had place in him.
Deprived citizens of their right to his honest services.Counts 1 through 24 all charge the offense of wire fraud. Not complicated. Defendant, principally through Eileen Young had a scheme to run his private business out of the coroner's office.Constantly, regularly, daily, caused the transmission in interstate commerce of what is commonly called a "fax." There's no allegation that the content of some of the transmissions were false, though some of them were.
Wecht Day 24 - March 17, 2008 - 9 a.m. update These faxes are the fruit of the defendant's scheme to run his private business out of the coroner's office. Was getting Counts 24 through 27 similar, but deal with mail, instead of interstate wire transmission.
Must show : scheme, was intentionally done -- not by accident, mistake, negligence. You don't in a fit of inattention produce $790,000 in a calendar year of income. There's a plan.Counts 28 through 32 are also wire fraud counts. Slightly different. In addition to defraud, add production of fake documentation -- fake limo fees, airfare. Put in his own pocket, kept off the books of Wecht Pathology. The defense was cashing and keeping checks in excess of $20,000 a year.Counts 33 through 36, again mail fraud. Add aspect that defendant sent false mileage reimbursement claims where defendant had no mileage to reimburse.Using gas paid for by the county, in car provided by county. Defendant was question by Miss Young... he said it was to cover for things like mileage and tolls.County 37 through 41: different from first 36. Illegally got income/ property in each year in excess of $5,000 from agency -- Allegheny County -- that got funding in excess of $10,000 from the federal from federal government.The defendant got his $5,000 worth and more from the his use of Eileen Young, who was employee of county.. from her salary alone, every year. The defendant embezzled, stole, obtained by fraud.9:09 AM. Defendant's use of deputy coroners, histology lab, bodies, executive assistants. You were told "Wecht Details " errands -- were favors done for Dr. Wecht and his family.
Simple question: did you hear even one of the deputy coroners describe these details as favors?
Quotes witnesses as saying they did them because they were told to do so.
Recalls deputy who said she was told to do an errand and leave a body hanging from a suicide case.
Another who said he was told by Wecht to do an errand because the body of some accident victims "weren't going anywhere."
Recounts various deputies testifying that they did errands for Wecht because they were told to do so.
Wilson recounts it was a common practice for to give county "comp time" for off-duty errands for Wecht.
Says it wasn't a big deal that deputy in case cited drove Wecht's family to the airport-- but argues that it was part of the culture created by Wecht at the coroner's office.Recalls that deputies had to repeatedly drive Wecht's secretary to and from work during bad weather.
Wilson says, "To quote my 11 year old son, 'Are you kidding me?'" How many people do you know that would like to be shuttled back and forth to work in bad weather? How about back and forth from jury duty in bad weather?Wilson describes a deputy named Smitty (John Smith) who did a driving errand for Wecht and was tipped $2. Notes that it was the same sort of ride for which Wecht charged his clients $90. Says it shows Wecht knew his family members knew were being taken to the airport and that the order was coming straight from the top.Wilson recalls the coroner's deputy who was sent on county time to buy tennis balls for Wecht -- and example of errands she did because she was told by her supervisor to do so. Now mentions another deputy who says she was ordered to do the errands by her supervisors daily -- and that it had a negative impact on county employee work and morale.Wilson recalls that Corner's Deputy Tiffany Hunt also testified to being sent to a private office on county time to make political calls for the campaign of Wecht's son.Prosecutor recalls another deputy coroner who said Wecht was upset when he found out a supervisor was writing down particulars in documentation of the Wecht details.Prosecutor Wilson describes testimony of a coroner's employee who drove Wecht's wife to a theater, Wecht's son between location and his car, etc.Says he won't further detail examples, but says, "These were not favors." These were county employees being diverted from their duties. In a persistent and systematic way that had nothing to do with their duties as deputy coroners.Wilson says it doesn't take long to figure out that not having to pay for shuttle service, or parking, or errands, "this constitutes a substantial economic benefit to the defendant" and it was at the expense of Allegheny County and the taxpayers.
Wecht Day 24 - March 17, 2008 - 9:31 a.m. update Now talking about George Hollis, the histologist who was on the county payroll and also did private work for Wecht. Witness testified it was common knowledge that Hollis was doing Wecht's private work at the Allegheny County Coroner's office.Says that Dr. Wecht himself knew that Dr. Bennett Omalu was doing private work on brains for Wecht at the coroner's office. Recalls Omalu says told him that if their salary at the county is low, they are free to do whatever they want to do in the way of private work.Wilson says they jury has records of Hollis' private histology work at morgue. Says it Wecht Pathology had to pay a private rate, Hollis doing that work would have saved Wecht Pathology from over $27,000 to over $75,000.---At no time did Carlow University ever have an agreement with Allegheny County or the coroner's office. Never. The agreement was with Wecht Pathology, the defendant's private business.You know that when the defendant entered into this agreement he was also county coroner. Carlow's agreement was with a private party. If something had gone wrong, Carlow could not have sued the county.Says Wecht as coroner could not use bodies from the coroner's office to satisfy the obligations of his private business.Sister Grace Ann Geibel may have had an idea for an academic program. But at the time, defendant had a pressing need of an annual business expense of $60,000 a year. (PIMS) Pittsburgh Institute of Mortuary Science had been in negotiations with work out an academic program in exchange of elimination or reduction of rent paid for use of facilities.Wilson says the agreement with Carlow must be viewed in that context. He shows the jury documents previously introduced as evidence on the negotiations between PIMS and Wecht.Wilson says to the jury: "sound familiar? No rent in exchange for the program." Shows April 28, 2003 letter from PIMS telling Wecht that if he continues to use PIM facilities, he'd have to pay $200 a case. Wilson says Wecht had more that $400,000 in autopsy income from his private business. Asks if there was there anything on the horizon that could keep from taking bite out of defendant's income.Shows letter to Sister Geibel from Wecht. Wilson says there was nothing wrong with setting up an academic program at Carlow, and that there's no allegation that Carlow College did anything wrong."What is wrong is the defendant using his authority as coroner to highjack bodies" to meet his private obligations in his contract with Carlow College.Joe Dominick was the chief deputy for defendant at the Allegheny County Coroner's Office. The one person who you would expect to have a handle.. the details of the operation. He didn't have the faintest idea how many body went, who went, or why. That's the point... he had no records, he had no names. But he could tell you who came in "with one sock on."Who eventually was able to tell how many? Ed Strimlan testified it was the FBI that told him who had gone to Carlow and when. The only record came from the livery service of Tom Smith. What went wrong, that the bodies of people whose relatives never gave consent went to Carlow for autopsy?Wilson: unrebutted testimony was that the policy of the coroner's office was to keep a body for 30 to 45 days to give an opportunity for relatives to claim. Wilson says time is slipping away.... won't have time to go into certain further details.Says defendant did not fulfill his obligations under the law regarding bodies from the coroner's office.The defendant did not follow the law concerning the release of these bodies. Sister Grace Ann is a woman of faith. Says '...Her faith in God is well placed, but her faith in defendant, not so much.""Even I am smart enough not to pick a fight with a nun." But he says he might take issue with "a former college president."Wilson notes the final written agreement between Wecht and Carlow says Carlow agrees to provide access to property and lab, and that the primary means of instruction will be cadavers provided.Wilson says: bodies, lab space? "The government didn't make this up."One is tempted to bring up the old saying about a duck: If it quacks, has feather, and webbed feet.. but I won't do that.Wilson says bodies were sent to Carlow while the search for next of kin was still going on.
Wecht Day 24 - March 17, 2008 - 10:07 a.m. update Wilson recounts the details about individuals whose bodies were sent to Carlow University for autopsies.Members of the jury, you have often heard the defense counsel say that all the power of the coroner's office rests with the coroner. Point taken. What about the responsibility? Members of the jury, the evidence of this case tells you all of it.The instructions undid every single procedure for dealing with bodies at the Allegheny County coroner's office.Members of the jury, if they're going to Carlow first (before going for embalming at PIMS ), there is no way the next of kin procedures can be followed. It can't happen.The day the defendant abandoned any pretense he was serving the people of Allegheny County. By that one directive he undercut every effort of his staff to find next of kin to make an informed decision.Responsibility for the mess the Carlow program became, every bit of that belongs to the coroner too.He set aside his duty to the citizens of Allegheny County. He was using something precious that came into the coroner's office to satisfy his objections under a private contract.I must confess I have no baked goods, no cookies, no cakes, no pies to convince or cajole. I have something better. You have a wonderful opportunity to do what is right. If you abide by your oath when you go back in that room... if you allow your deliberations to be instructed by your common sense.If you abide by that oath, you can speak the truth. No one can ask any more of you.If I can be so bold as to paraphrase defense counsel... the Allegheny County coroner's office was the best deal Cyril Wecht ever had.10:22 AM Government concludes this portion. Started at 8:38 AM.Judge says closing by defendant could take up to two hours. Recesses for 20 minutes.
Wecht Day 24 - March 17, 2008 - 10:40 a.m. update The closing argument by Wecht defense attorney Jerry McDevitt begins.I know that you know how important this verdict is to Dr. Wecht and his family. The greatest right we have in this country is you. It's you that has to decide whether they've proven the case against Dr. Wecht beyond a reasonable doubt.. or whether it's a miscarriage of justice.Speaks of presumption of innocence and reasonable doubt. It is the purest defense you can make. Focus simply on the witnesses and documents they brought here... did they prove beyond a reasonable doubt.Every crime they have charged Dr. Wecht with requires a very specific intent. You cannot have intent for the action of others.You'll be told that an honest error in judgment does not raise to the level of crime. Speaks of absence of malice and ill will. Think of how little evidence was presented about Dr. Wecht.How much evidence did the government submit about what other have done. They've not come close to proving wrongdoing by Dr. Wecht. He says a mountain of evidence can be used to hide a molehill.Says all this scheme stuff is just a dumping ground.On use of office fax machine: 24 faxes, sent over 4 years. No one's ever been charged with that in history of county. What are the hard costs? Average cost of 17 cents a fax and seven minutes of time. Less than cost of stamp or the time it takes to take a smoke.$270 in limousines, $700 in air fare. Simply billing errors. No one trying to swindle anybody.$141.19 ... hard costs of mileage to district attorneys from other counties. Notes none of them were prosecution witnesses.Did they put on any evidence from financial analysts? No. A complete lack of evidence on how they value anything.Talk about the so-called "heart of the case."Mr. Stallings in his opening, said there was nothing wrong with Dr. Wecht having a private business, or making a lot of money. An admission fatal to the charges: everyone knew Wecht had a private business."Let's do a legal autopsy on the legal heart of their case." Says it's diseased.Takes George Hollis, who did histology work.Brings up "Where's Waldo" books. Asks "where's George Hollis... is he hiding under the table somewhere?" They didn't bring him in to testify.How about other witnesses they said would prove Dr. Wecht had knowledge of George Hollis doing Wecht's private work at the morgue.The constant theme in this case is that you didn't get the truth until cross-examination: that Dr. Wecht didn't know (what George Hollis was doing).Talks about testimony of Dr. Bennett Omalu. He (Omalu) knew that Hollis was doing the slides there.McDevitt says Hollis refused to lie, that Omalu was frightened by power of prosecution and the possibility of deportation.Says Omalu acknowledged during cross-examination that he never told Dr. Wecht.McDevitt asks jury, if it was such common knowledge (about Hollis), why couldn't' they bring in one witness to say they told Dr. Wecht (Hollis was using the county lab instead of a private lab to do private work for Wecht).McDevitt says all the prosecution witnesses said the same thing... and you never saw George Hollis.---Notes performance audit of coroner's office didn't note one of the things the federal prosecutors are focusing in this case? Complete failure, as abject a failure as can exist to show knowledge on the part of Dr. Wecht. They knew that. That chamber of the heart of the case is prosecutorial over-reaching.Let's move on to the second chamber of the heart of their case. Use of deputy coroners. Says prosecution said the evidence was the tip of the iceberg; says the iceberg is melting.Talks about testimony about hot dogs transported in coroner's van. Started with hot dogs, ended with parking tickets. Mr. Strimlan couldn't even tell you who told you to do it (transport the hot dogs)... but Dr. Wecht did not tell him. He says that's emblematic of the evidence brought you. That's brought to you as evidence of criminal conduct.McDevitt says the testimony from a deputy Rick Lorah (sp?) that Wecht said to let bodies wait during errand was never corroborated by a single witness. Notes story about body left hanging in Plum Borough -- totally uncorroborated.Says evidence about Wecht details came apart at seams.
Wecht Day 24 - March 17, 2008 - 11:17 a.m. update McDevitt argues that the 'Wecht details" testimony was used to raise questions about the Wecht Institute, but that the government acknowledges that the Institute is not a part of this case. He says if you eliminate trips to Wecht Institute, it dramatically reduces the number of errands in this case. Says Wecht was often doing county work while en route in county cars to and from airport. What about mail runs? Mail is delivered once a day. Can't be that much.Did they make any attempt to put a value on those Wecht details? Any witness take the stand to explain financial analysis? None.That chamber of the heart of the case isn't doing that well.Let's go on to another chamber. The use of administrative secretaries. McDevitt says those women were each paid separate salaries to do private work. If Dr. Wecht was trying to defraud Allegheny County, why would he pay them at all?Says they testified they worked long hours and always got their private work done.McDevitt argues that Wecht maintained a separate private office with employees there, a fax machine, a postage machine. He says there was testimony from secretaries they even bought stamps and paper for use at coroner's office. Brought computer.Says other testimony shows underbelly of this case.Cites visit by FBI Agent Bradley Orsini to Cathy McCabe's home on Palm Sunday, and his bringing up the Martha Stewart case.Notes that not one FBI agent who were involved in this case for three years took the stand. Not one.You heard Miss Young tell you about the inappropriate conduct by Agent Orsini when he came to her house. Notes there are no "302" FBI reports on certain interviews.Notes that Young even at risk of losing her immunity if she lied did not name Dr. Wecht as telling her to do a wrong act.McDevitt asks jury if it's a federal crime to talk to out of county prosecutors about solving crimes. Asks why never prosecuted before...going on for years.Asks why state troopers , attorneys, aren't indicted here as co-conspirators, if it was a crime.the people of Allegheny County knew exactly what that man was doing. Everyone saw him on television. They elected him every single time he ran.If there were an election tomorrow, he'd be elected again by the people of the county.This part of the heart of their case suffers from some blockage.Moves on to another chamber: charges involving Carlow. Says let's dissect this one very carefully.From the evidence they produced in this courtroom, they didn't talk to a single person at Carlow before they brought these charges, before hurled those allegations on CNN and elsewhere.They never talked to Sister Grace... we know that now after six weeks.She called it reprehensible that they never even talked to her.Agent Orsini didn't take the stand and say why. Nothing.There's only one conclusion you can make. They made that charge without interviewing anybody. They shot first, and investigated later.They couldn't back away, it was the defining allegation of the case. Not one FBI agent took the stand. Did they get the agreement later, and try to pigeon hole the allegations into them.Do you know, as you sit there now, what did all these FBI agents do, what did all these prosecutors do, when they had this information in their hands? Nothing. Nada. No proof of any investigative due diligence at all.Says the timeline never worked in this case.Did you ever hear evidence anywhere in this trial that there were bodies being transported in 2003? There were none until 2004.They either had their facts wrong or they were misleading the grand jury. No other explanation.
Wecht Day 24 - March 17, 2008 - 11:40 a.m. update McDevitt says very misleading things were done. Tried to put formed intention in Cyril Wecht's mind to send bodies as condition to the agreement. Says took 15 hours of testimony, but shown not true in 15 minutes.Asks if ever Dr. Wecht were kind of person who would use unclaimed bodies in the a private business transaction, why wouldn't he have done that with Pittsburgh Institute or Mortuary Science. Says Government case blew up in testimony from PIMS official who said Wecht never did that.Now says do you think anybody with a brain wouldn't say that it doesn't say it doesn't sound right that Wecht would trade bodies with a Roman Catholic nun?Let's have the decency to go and talk to her before we make the allegation. You heard they never did it.There's no debate about what happened. Sister Grace offers the lab space at Carlow. She's trying to induce him... she needs him to come there to build the academic program. Never once did Sister Grace talk to that man about trading bodies or anything like that. She said it was reprehensible that they could make that kind of charge without even asking me.Imagine that, a prosecution witness calling them reprehensible.Then, things got really desperate. They took the private letter from Ms. Kegel who wrote a private letter saying don't use my body to donate organs. Says they knew she never saw it and the defendant never saw it.They asked Sister Geibel whether sending the body would show disrespect for the dead. They asked that of a nun, when they knew she and Dr. Wecht had never seen that letter.Tells you everything you need to know about the lengths they will go to get a conviction.Dr. Wecht never told anybody to shortchange next of kin procedures. Dr. Wecht never had anything to do with the decisions of those deputies to release those bodies.What was Dr. Wecht's instruction? To send bodies that were unclaimed to Carlow.Says for those who do not claim the body, they do not have a right to object to the autopsy of the body.Says the allegation he didn't show respect for the dead is one of the most offensive. For these people to have said that is disgusting. That's most malignant parts of their case.Says the program is still under way at Carlow. Do you really believe Cyril Wecht is down there teaching our children disrespect for the dead? Do you think that's what he's doing down there?There to teach skills to a whole new generation.This part of the heart of their case, is the most malignant and malicious you can get.The only thing to do is acquit this man of every charge they brought.Start with counts 1 to 27, Scheme to defraud. Has to show the defendant actually knew.Notes allegation of failure to disclose private business under state ethics form. Says the only allegation is that Wecht filed late for three years. He says they have to show materiality. The only thing he had to disclose he had Wecht Pathology. Everybody knew that.If you ignore they haven't shown any intent to defraud...which you can't....the definition of conflict of interest under the state code excludes "de minimis" which has an insignificant effect. Individually the lowest fax is two cents. The total over the years adds up to minimal costs and time.Let's look at the mailings in counts 25 to 27. No indication they were sent from the coroner's office. Again argues the time and costs are minimal.McDevitt asks how much time he has left. Judge says until 12:40 PM.
Wecht Day 24 - March 17, 2008 - 12:03 p.m. update McDevitt tells they jury that the law says they have to be unanimous in their decision as to what Dr. Wecht did.. what was the crime and whether there was any criminal intent.McDevitt says prosecution didn't provide any financial analysis of the value of the use of county equipment and time. Peering through a microscope? They didn't put a value on that.Moves on to next counts.McDevitt says Wecht never got a single complaint from his private clients about his bill. Says they weren't call in here... and state prosecutors would not walk in here and play the game federal prosecutors want them to play.He tells the jury prosecutors not supporting prosecutors, that ought to tell you something.Argues there was no criminal intent... and that there is reasonable doubt.Let's be honest: when you target somebody for prosecution, you take aim with a straight shot.Here, they take a shotgun, fill it with a lot of legal buck shot, hoping, praying, one kills the bird. They think no matter what, you guys will convict on something. It's throwing mud at the wall.Recalls phrase "Don't make a federal case out of it." Don't make a federal case out of something nobody cares about.Notes that Wecht's state prosecutor clients are not complaining and are still using his services. Says those prosecutors won't come in here and "play that game."Notes that the few people among Wecht's customers called as witnesses did not complain and seek reimbursement. Testified the expenses were negligible and would still hire him in a minute. Asks if these witnesses are reasonable men. One said that if he had problem with bill he would have called Dr. Wecht. Reads testimony from a prosecution witness answered those limo charges were immaterial to him.I'm almost done. I've completed my legal autopsy of their case.There is no man or woman who deserves to be treated as he was in this case. He's in the 77th year of his life. He has Pittsburgh in his DNA. He is to forensic pathology what the Steelers to football. Came from humble beginnings, show that with Herculean efforts you can do great things. Says Wecht tries to give back to his community through education.Reads quotes from prosecution witnesses who praised and complemented Wecht as a person.Ladies and gentlemen, I am about finished now. If get up and tell you things that are incorrect, I won't be able to correct them. I'll have to rely on your memory.You're going to write the next chapter of his life. I urge you to do justice here. The only justice here is to acquit him of these charges.Don't do an injustice here. This man has spent his life getting justice for people. Please do it for him now... 41 times... not guilty. No buckshot, no miscarriage of justice.12:27 PM Defense rests. Judge says we'll take a 15-minute recess before the government resumes and concludes its case.
Wecht Day 24 - March 17, 2008 - 12:40 p.m. update The prosecution now will make its closing argument to the jury. Assistant U.S. Attorney Steve Stallings.Listening to the closing argument, I remember what a law professor once again. If you have the law, argue the law, if you have the facts, argue the facts, if you don't have either, attack your opponent. Says that's what the defense has done here and during the trial.Says there's no question the defendant used public resources to enrich himself. Used county resources in violation of his public duties to benefit his private business.Says the scheme was to use county resources for private gain.. not to use fax machines. Says that was in furtherance of that scheme.The charges are not what the defendant's lawyer said they were.Did the defendant do it on purpose? Did he have the requisite intent? I think the evidence shows you beyond any doubt he did this for his own benefit and he did not do it by accident.Stallings says Wecht never paid his executive secretaries anything approaching what he paid them for his private work before they started working from out of the coroner's office.Stalling tells them to think of the pay of Wecht's executive secretaries over the years "on the county's dime" ... saving his business thousands and thousands of dollars.He tells jury that the coroner had an obligation to put the money from the work for the outside counties into the coffers of Allegheny County, if his intent was to work for justice.Says coroner's office was a competitor of Wecht's business for that out of county work -- and that as coroner, Wecht raised the county's rate. Stallings point to this as an example of intent.Says defense argument about George Hollis is a straw man-- a dummy set up that's easy to knock down. Says it doesn't make a difference where Hollis did those slides. Says issue is did he do them... and did it create a backlog.Stallings says the Wecht Institute is another straw man. He says prosecution didn't bring it up once.... the defense did. Says it has nothing to do with this case.Judge: three minutes.Stallings: talks about Wecht's interaction with coroner's deputies and secretaries to show knowledge and intent.I don't have much time left. Do you remember this document? In the defendant's own hand on this sticky note... add charge for ground transportation. Says it shows intent.Reads letter from Wecht to critic.Says defendant knew full well he was using county resources to run his private business.Stallings makes reference to Wecht's constitutional rights...including to call witnesses, which the defense did not do. McDevitt objects. Judge overrules.On expense checks form clients: says all of it flowed to Dr. Cyril Wecht's pockets, $20,000 a year literally.Judge tells Stallings his time is up.Thank you. We would ask that you return a verdict of guilty on all counts in this case.1:03 PM Prosecution rests. Back at 1:45 PM.
Wecht Day 24 - March 17, 2008 - 1:45 p.m. update Jury re-enters the room.1:48 PM Judge Arthur Schwab is back on the bench.He says it's now time for final jury instructions. Says "first of all, I don't control the heat in this building. All I can tell you is that it's cooler than where my son was in Fallujah, Iraq." Until it's 120 degrees and you have body armor on, you won't have a lot of sympathy from me. He then jokes that it's about 10 degrees warmer for him, wearing his robe.He says the jury wants to deliberate 8:30 to 2 PM each day. Won't deliberate on Friday, or on Monday the 24th, if the deliberations go that long.Judge Schwab is reading his final instructions. The complete document is 56 pages long.2:13 PM The judge is now having the jury members silently read to themselves the 41-count indictment against Wecht. That text is part of the 56-page jury instructions.2:37 PM. I attempted to upload the text of the judge's instructions to the jury, but rather than paste the 56 pages into the blog, we posted it as a PDF link.2:40 PM The judge has resumed his reading of instructions to the jury.
Wecht Day 24 - March 17, 2008 - 3:38 p.m. update Judge asks the prosecution and defense if there's any objection they'd like to put on the record. Defense attorney Jerry McDevitt asks if he means other than those he already lodged. The judge repeats the question, and McDevitt says that -- other than those already voiced -- no.3:58 PM Judge tells alternates they are not dismissed. They do not have to come in every day, but are subject to replacing jurors. Judge says he will shake hands of alternates and meet with them in his chamber, since they may not return.3:59 PM Judge says the jurors may go back to the jury room.
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