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Cyril Wecht Jury Watch Blog: Possible Illness In Jury Room

POSTED: 9:15 am EDT April 1, 2008
UPDATED: 2:18 pm EDT April 1, 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.


8:30 AM The jurors begin their seventh day of deliberations in the trial of Dr. Cyril Wecht. Friday and Monday were days off for the jury.

8:55 AM Over the past half hour or so, there's been a couple of occasional sounds muted laughter from the jury. An out-of-town reporter who's here for the first time just asked me, "Are they laughing in there?" I answered, "It's not the first time." The new reporter is of the opinion that a happy jury never convicts.

8:58 AM On Monday, I spoke with a former federal prosecutor who is of the opinion that the Wecht jury will come back with a verdict today. He believes that the panel's written question for the judge last Thursday is an indication they are very close:

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

The judge's answer was "no."

9:47 AM We're in the 35th hour of deliberations. Here's a look at the Wecht trial by the numbers.

This is Trial Day number 31*, but by the calendar it has actually been more than two months since this trial began on Jan. 28. Add up four calendar days in January, plus 29 days in February, 31 days in March, and this first day of April: that's 65 calendar days. We're at the start of the tenth calendar week.

This is Day Seven of jury deliberations, but it's actually the third calendar week of deliberations. Judge Arthur Schwab let the jury set their own working hours; they chose Monday through Thursday, 8:30 AM to 2 PM. The first week of deliberations began on a Tuesday, following closing arguments and jury instructions on a Monday. They did not meet on Monday during the second week of jury deliberations because the judge had long previously promised jurors that day off for holiday related travel. They did not meet Monday of this week because of a conflict in the judge's schedule.

*(You may see some variation in the count of trial days by other reporters' count. On March 4, Judge Schwab convened the jury in court, but sent them home because one juror was advised by her doctor to go to the hospital for tests. The judge and attorneys count that day as a trial day; some other reporters haven't because no testimony was taken.)

9:54 AM Two members of the judge's staff just went into the jury room.

9:56 AM The judge's staffers just left the jury room.

10:06 AM I just buzzed the intercom on the judge's office and asked a staffer if the jury had a question or if there was any other development. She answered, "No, nothing to report."

10:34 AM The judge's clerk and bailiff just entered the jury room again. There's the sound of casual conversation and a little bit of laughter.

10:35 AM They just exited. As they walked down the hall, I asked them, "Is there a verdict?" They answered, "No." I asked, "Is there a pastry?" They answered, "There's a box." The clerk was carrying a large white box of the sort that might carry a sheet cake.

10:38 AM You'll recall that Judge Arthur Schwab promised the jurors that he'd give them a cake at the end of each month of the trial. That box might be the latest installment on the fulfillment of that promise.

10:48 AM The judge's clerk entered the jury room yet again, this time carrying a bag.

10:50 AM He's left the jury room. As he walked down the hallway, I asked what he had brought to them. He answered "sundry" supplies. I asked, "Office supplies?" He answered again, "Sundry supplies."

11:34 AM We're going into the 37th hour of deliberations. The jury's lunch just arrived. A moment afterward, the judge's clerk carried that white box back down the hall and took it into the jury room. This time he was not carrying it in a flat position -- it was down to his side and I could see the words "thank you" written in large letters on the lid. When he exited, he was carrying the box in a flat position again, with a sheet of paper resting on the top. I asked the clerk if -- rather than the box containing something from the judge for the jury -- it contained a gift from the jury to the judge. He answered only that he understood that it was my job and that I had to ask, but he would not respond with a yes or no.

11:42 AM The clerk just entered the jury room again ... this time by way of the courtroom.

11:56 AM The judge's clerk left the jury room a short time after my last post. A moment ago, he and another member of the judge's staff got off the elevator carrying an assortment of soft drinks, including some in view in a small box. He joked as he passed by me: "I'm not going to tell you what's in here."

1 PM If the jury sticks to its usual schedule, there's now just an hour left for deliberations before they go home for the day.

1:05 PM Both the judge's clerk and bailiff entered the courtroom. Another reporter could hear the words "are you dizzy?" It appears one of the jurors may be ill.

1:11 PM A woman in a white coat pushed a wheelchair carrying an oxygen mask into the jury room.

1:23 PM The woman in the white coat -- who we understand is a nurse -- is still in the jury room. There is a nurse's office located on the first floor of the federal courthouse. A moment ago in the hallway, we could hear the sound of some laughter from the jury room again.

1:30 PM The nurse just wheeled the empty wheelchair out of the jury room. I said to her, "No passenger? That's good news." She answered, "No passenger. But he's going to the emergency room."

1:39 PM A male juror with grey hair who in the past has worn a clerical collar just walked out, accompanied with two U.S. marshals. I am told he will not be transported by paramedics, but will go to the emergency room.

1:41 PM The judge's staff just provided this written statement: "NOTICE - Jury recessed at 1:35 pm today so that one member of the jury could receive treatment for a medical condition."

1:42 PM The rest of the jury has just been sent home for the day. They will report tomorrow at 8:30 AM.

Refresh this page soon for more updates from court.

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