Jury Watch Day 6: Bob Mayo Blogs The Cyril Wecht Trial In Pittsburgh

POSTED: 12:26 pm EDT March 27, 2008
UPDATED: 5:47 pm EDT March 27, 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.

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8:30 AM The jurors begin their sixth day of deliberations in the trial of Dr. Cyril Wecht.

8:31 AM A brief sound of laughter from the jury room, as we heard Wednesday morning.

8:37 AM More laughter. The judge's clerk exits the jury room carrying a plastic lid. I ask if it's a sign the judge has fulfilled his promise to the jury of cake at the end of each month. He answers "no" and indicates that the lid was not from anything provided today.

I'm told that there were goodies provided to the jurors yesterday -- cookies, as it turns out. A closer look at the calendar will show that if the jury does not reach a decision today, they'll be back next Monday, March 31. That gives Judge Arthur Schwab both today and Monday to fulfill his promise. The panel does not meet on Fridays.

9:41 AM As the Wecht trial jury continues to deliberate in an adjoining room, Judge Schwab is dealing with another case in his courtroom. It's an evidence suppression hearing concerning a police radio tape in a drug, stolen property and firearms case. The audio being played in the courtroom is often unintelligible. The judge and the attorneys are following along with a transcript.

11:15 AM The rattle of the jury's lunch cart arriving came early today. I heard the word "cookies" spoken before the door closed. (They're apparently the dessert from the food provider, not from the judge.) Several minutes later the judge's clerk left the jury room with a piece of paper in hand, but there's no indication that it has anything to do with the case.

I spoke by phone earlier this morning with one of Wecht's defense attorneys, Mark Rush. He says that Dr. Wecht is spending his days at work at the Wecht Pathology office.

Should there be no verdict by 1:45 this afternoon, the defendant, defense, and prosecution will gather in the courtroom for Judge Schwab to speak with the jury. This is expected to be the judge's usual reminder before sending jurors home for the week: don't discuss the case with anyone and avoid news coverage of the trial.

11:38 AM UPDATE. Judge Schwab says the jury has a question. Everyone will gather in the courtroom at Noon. (That must have been what was on the paper in the clerk's hand I'd mentioned a short time ago.)

11:58 AM Dr. Wecht, the prosecution and the defense teams are in the courtroom. Dr. Wecht is accompanied by his wife, Sigrid. Former U.S. Attorney General Dick Thornburgh is with the Wecht group. I heard Rush tell Wecht, "here's the question". A moment later, the judge's clerk entered the room with copies of a second sheet of paper for all parties.

12:01 PM The judge is not yet in the courtroom.

12:04 PM The jury's question came at 30 1/2 hours into the sixth day of deliberations on the 30th day of the trial. This is their second question. The first came on Day 2 of the trial, when they asked to see copies of the laws used to indict Wecht.

12:10 PM The judge is on the bench. Says we received a question from the jury. Court exhibit 5. I have assembled counsel for the government, counsel for the defense, the defendant is present.

The jury's question: "Out of the 41 counts, if (there's) any one or more count the jury can not reach agreement on -- does that constitute a hung jury?"

Judge says he suggests they inquire on the number of counts on which there are unanimous and not unanimous agreement.

Defense attorney Jerry McDevitt: Says both sides are in agreement that the judge's proposed question should not be asked of the jury. McDevitt says that the jury should be given the answer should be "no", given in writing.

The court's written response, agreed to by both sides: "The answer to your question is no. It is your duty as jurors to consult with one another and to deliberate with a view to reaching an agreement if you can do so without violence to individual judgment. Each of you must decide the case for yourself, but do so only after an impartial consideration of the evidence in the case with your fellow jurors. In the course of your deliberations, do not hesitate to re-examine your own views and change your opinion, if convinced it is erroneous. But do not surrender your honest conviction as to the weight or effect of evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict."

12:17 PM The answer has been taken in to the jury.

12:25 PM The judge says we stand in recess.

12:31 PM Some additional notes: -Judge Schwab asked the attorneys to consider his suggestion that they ask the jury about the number of counts on which there are unanimous and less than unanimous agreement.

Defense attorney Mark Rush asked if they were going to return at 1:45 before sending the jury home for the week.

The judge answered that he had not yet decided whether to ask the jury to stay later than 2:00 PM today, and whether to ask them to deliberate on Friday.

1:45 PM All parties are back in the courtroom, but Judge Schwab is not yet on the bench. The judge's staff just walked out of the jury room, carrying a sheet of paper. A moment later, one of the court staff walked back in to the jury.

1:47 The jury, then the judge just entered the room. The judge tells the jury "Thank you for your work, we're on a long journey together. we appreciate your labors."

Says we talked about deliberating more, but he notes that he gave his word about Fridays off. They won't be in tomorrow. They will also have Monday off because of a scheduled conflict for the judge. They'll be back to deliberate next Tuesday, Wednesday, and Thursday. It's possible that the judge may ask the jury to deliberate next Friday if they've not reached a verdict. Again cautions them not to discuss the case with anyone and avoid media coverage of the trial. Says he appreciates their work, knows it can get tiresome. Encourages them to get good rest for when they return next week.

1:53 PM The jury leaves the courtroom. The judge instructs all parties to remain in the room until the jury is on the elevator. We hear more sounds of laughter and chatting from the jury as they prepare to leave.