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Wecht Jury Quits Early; Judge Writes About Excused Juror

UPDATED: 6:24 pm EDT April 7, 2008

The jury in the trial of Dr. Cyril Wecht finished a short work day before lunch arrived, as they entered their fourth week of deliberations.

Video: Watch Bob Mayo's Report

Jurors deliberated less than four hours on Monday, starting at 8 a.m. and wrapping up at 11:55 a.m. They told U.S. District Judge Arthur Schwab that they would be back at 8 a.m. Tuesday.

Wecht, a former Allegheny County coroner, faces several counts of mail and wire fraud. Prosecutors allege that he used his public office and time to benefit his private practice.

Last week, the jury made clear to Schwab that it was hopelessly deadlocked and "additional deliberations would not be helpful."

Defense attorneys requested a mistrial, but Schwab refused their motion on Monday, calling it "moot, procedurally flawed and without merit."

In denying the defense, Schwab wrote that it's "customary practice... to instruct the jury to return to further deliberate at least once" after it says it's unable to reach a verdict.

Schwab has allowed the jury to set its own hours and days. They have deliberated just three days a week for the past three weeks, with a workday that's normally five-and-a half hours, including a delivered lunch.

Reporters have heard the jurors laughing at times since deliberations began. Schwab and his staff have treated them to home-baked cakes and cookies.

Meanwhile, opinions filed by the judge are shedding more light on a juror who was excused from the case last week.

Schwab wrote that ex-juror Number One -- who has not been publicly identified yet -- experienced symptoms that included "chest pains and tingling in his left arm" on Wednesday.

The ex-juror's doctor cleared him to return on Thursday afternoon, while noting that his original symptoms were quite serious, Schwab wrote.

By that time, the jury had deliberated for two days without that juror, and Schwab rejected a defense motion to bring the man back.


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