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Wecht Judge Denies Defense Request For Mistrial

POSTED: 3:44 pm EDT April 4, 2008
UPDATED: 11:08 am EDT April 8, 2008

After a whirlwind week in the Dr. Cyril Wecht trial -- including the dismissal of one juror and the rest saying they were hopelessly deadlocked -- defense attorneys asked for a mistrial to be declared on Friday.

On Monday, U.S. District Judge Arthur Schwab denied the request and told the jury to continue trying to reach a verdict.

Video: Watch Bob Mayo's Report From Downtown Pittsburgh
PDF: Read The Judge's Ruling

The mistrial request was prompted by a note that the jury sent to Schwab on Thursday, saying that they had deadlocked. It was the ninth day of deliberations on the 41-count indictment against the former Allegheny County coroner.

Wecht's lawyers said more talking won't help the jurors because they've already said they're hopelessly deadlocked.

The defense motion also argues that it would be wrong to give the jury instructions that were suggested by the prosecution on how to bring in a partial guilty verdict.

According to the defense motion, "... to require continued deliberation may operate to coerce the jury into believing the only way to ... return to their lives is to render verdicts, when in fact a hung jury is entirely permissible... under our Constitution."

Defense attorneys claim prosecutors want to ignore the jurors' unanimous answers in open court, and they claim that will create a danger "that the jury will now believe the only way out is to render a verdict on something. ... It is difficult to conceive of any other belief the jury could hold at this point."

The jury has been trying to decide whether Wecht used his former coroner's staff and resources for personal benefit and to do work for his multimillion-dollar private practice.

Wecht's defense says that the charges of wire fraud, mail fraud and theft are mostly minor administrative lapses that don't rise to the level of federal crimes.


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