Jury Watch Day 2: Bob Mayo Blogs The Cyril Wecht Trial In PittsburghPOSTED: 12:13 pm EDT March 19,
2008 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 Trial Day 26 - March 19, 2008: Jury Watch Day 211:00 AM The jurors in the trial of Dr. Cyril Wecht resumed deliberating at 8:30 this morning. They met for 5 1/2 hours on Tuesday and are expected to keep the same schedule today, meeting until 2 PM.As of this writing, they've met for a total of eight hours so far without any questions for Judge Arthur Schwab. In his instructions to them Monday afternoon, the judge discouraged the jurors from taking any preliminary votes at the start of their deliberations.Here are are some key quotes from the judge's written instructions to the jurors.= ". . . Your verdict must be unanimous."= "The foreperson should let each of you speak and be heard before expressing her or his views. The foreperson should never attempt to promote or permit anyone else to promote his or her personal opinions by coercion or bullying."= "The foreperson should make sure that deliberations are not rushed."= "Some juries think it will be useful to take a preliminary vote before discussions are started, but that has not been the experience around here. Such an early vote often proves counter-productive for several reasons, including that it tends to "lock-in" a particular point of view before alternative points of view are covered."= "You should listen carefully and attentively to each other, and hear what each other person is saying before responding. Don't interrupt and don't monopolize the discussion. Speak one at a time. Be patient and respectful of other opinions, and don't take it personally if someone disagrees with you."= "If defendant is found guilty, the sentence that would be imposed is my responsibility. You may not consider possible punishment in any way in deciding whether the government has proved its case beyond a reasonable doubt."= "If, during your deliberations, you should desire to communicate with the court, please reduce your message or question to writing signed by the foreperson, and pass the note to the bailiff who will bring it to my attention. After consulting with the lawyers, I will then respond as promptly as possible, either in writing or by having you returned to the courtroom so that i can address you orally."= "I caution you, however, with regard to any message or question you might send, that you should never state or specify your numerical division at the time."= "...the bailiffs . . . as well as all other persons, are forbidden to communicate in any way or manner with any member of the jury on any subject touching the merits of the case."11:15 AM Lunch has just been delivered to the jury room.11:19 AM From the judge's staff: "Jurors have a question. Court in session at 11:30 AM today."11:31 AM Dr. Wecht and his defense attorneys and the prosecution team are all gathered in the courtroom, as are the reporters who have been covering the trial.11:37 AM Judge Schwab says we have received an inquiry from the jury. I have redacted from the document the signature of the two jurors who signed the document. The secretary and the foreman of the jury. The jury requests copies of the actual statutes involved in the case. Judge asks the attorneys to discuss.. and if they can't reach agreement, he'll hear arguments on whether or not to provide them with copies.McDevitt: Just the copies of the statute...?Judge: You know what I know. Says it appears they want the statutes.11:41 AM The attorneys leave the room to confer. The judge is still on the bench. The jury was not brought into the room.Here's the text of the handwritten questions:The jury requests - the following.Title 18, USC, section 1343, 1346, 2Title 18, USC, section 1341, 1346,2Title 18, USC, section 1343, 2Title 18, USC, section 1343, 2Title 18, USC, section 1341, 2Title 18, USC, section 666(A) (1) (A), 211:53 AM Defense Attorney Jerry McDevitt walks back into the room and approaches Assistant U.S. Attorneys Steve Stallings and Jim Wilson. Now defense attorney Mark Rush has joined them. They're standing and chatting quietly in front of the empty jury box.11:56 AM Judge Schwab: Ready to chat?Defense attorney Jerry McDevitt: Just one minute, your honor. The defense team has stepped out of the room. Present in the courtroom: the prosecutors, Judge Schwab, and the news media.11:59 The defense and Dr. Wecht re-enter the courtroom.McDevitt: We talked to the government. We feel that if they want a copy of the text of the statute, give them a copy of the text of the statute.Stallings: We disagree your honor -- that was the subject of your instructions.Stallings suggests sending the jury a written message redirecting them to read instructions. He also notes that the text of the law also provides passages that don't apply and a copy of the penalties.McDevitt responds to the judge that they already have a copy of the state statutes. He suggests that giving them a copy of the (federal) charging statutes wouldn't be much different.Judge says he'll take a break for a few minutes. Says he does have concerns that the text includes passages not related to the case and includes the penalty information. He says it risks driving the jury to the actual statutes instead of working through the jury instructions. He says that he admits he thought the positions (of the prosecution and the defense on this issue) would be reversed on this issue before him... and that he finds this interesting.12:04 PM The judge leaves the bench and says he'll be back in about five minutes.12:13 PM Wecht and his attorneys re-enter the courtroom.12:19 PM Judge back. Says both sides now agree that the statute not be provided to the jury. They will now discuss the language that they will use to tell that to the jury.Judge proposes telling them that since the statute includes passages not relevant to the case and that the jury instructions provide language specifically tailored to this case, "the court respectfully declines your request".12:21 PM McDevitt and Stallings are conferring quietly.McDevitt says he has one objection. He suggests a re-phrasing of a passage.... deleting the phrase "tailored to this particular case."The judge says the revised message to the jury now says "Since some of the requested statutes contain provisions unrelated to this case and since the jury instructions provide the necessary applicable law... , the court respectfully declines your request."12:25 PM The judge's bailiff takes the written answer into the jury and then recesses.12:37 PM You'll note that the prosecution and then the judge said they did not want to provide the penalty information to the jury. As I noted earlier, the judge and not the jury will impose the penalty if the defendant is convicted.Here are the potential penalties, if Wecht is found guilty.Note, however, that under the Federal Sentencing Guidelines, the actual sentence imposed is based on: - the seriousness of the offenses and - the criminal history, if any, of the defendant.Counts 1-24 charge wire fraud and theft of honest services, in violation of Title 18, United States Code, Sections 1343, 1346, and 2. As to each count, a term of imprisonment of not more than five to 20 years, depending upon the date each such offense was committed, a fine of up to $250,000, or both.Counts 25-27 charge mail fraud and theft of honest services, in violation of Title 18, United States Code, Sections 1341, 1346, and 2. As to each count, a term of imprisonment of not more than five to 20 years, depending upon the date each such offense was committed, a fine of up to $250,000, or both.Counts 28-32 charge wire fraud, in violation of Title 18, United States Code, Sections 1343 and 2. As to each count, a term of imprisonment of not more than five to 20 years, depending upon the date each such offense was committed, a fine of up to $250,000, or both.Counts 33-36 charge mail fraud, in violation of Title 18, United States Code, Sections 1341 and 2. As to each count, a term of imprisonment of not more than five to 20 years, depending upon the date each such offense was committed, a fine of up to $250,000, or both.Counts 37-41 charge theft, in violation of Title 18, United States Code, Sections 666 and 2. A term of imprisonment of not more than ten years, a fine of up to $250,000, or both.Again, the bottom line on a maximum sentence that someone could theoretically face if convicted on these counts would not apply to Wecht if he were found guilty. With that said, here are the maximum totals: 770 years in prison and $10.25 million in fines. Related Links: More County NewsGet RSS | E-Mail Alerts Copyright 2008 by ThePittsburghChannel. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. | Special Coverage
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