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Jury Watch, Day 11: Bob Mayo Blogs The Cyril Wecht Trial In Pittsburgh
POSTED: 9:57 am EDT April 8,
2008
UPDATED: 11:10 am EDT April 8,
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.
Wecht Trial Day 35 - April 8, 20087:55 AM The Wecht trial jury told Judge Arthur Schwab that it wanted to begin its work at 8 AM today, as it did on Monday. The jurors wrapped up for the day at 11:55 AM yesterday, getting in just under four hours of deliberations. More than one observer has noted that if any of them had tickets, that would have left plenty of time for them to make it to the Pirates' home opener at PNC Park. There's no indication any of them did go to the game.8:05 A few late arriving jurors have gone into the deliberations room.8:29 AM The judge's bailiff just came from the direction of the jury room; she just locked the courtroom doors and is headed for the judge's office carrying a blue envelope and a sheet of paper. That doesn't necessarily mean there's a development... but there could be.I estimate the jurors are in their 53rd hour of discussion on their eleventh day working day of deliberations. This is their fourth calendar week of deliberating, which they began on March 18.This is the 35th working day of the trial and the 72nd calendar day since the trial began on Jan. 28.8:40 AM As the bailiff just passed in the hallway, I asked her if there was anything new to look for on the court's electronic filing system ECF. Her answer was "no."9 AM Judge Schwab's office just e-mailed the following notice to reporters:"USA v. Wecht 06cr26 - - Time of Announcement of Verdict""NOTICE - A proceeding will be held today at 9:15 AM today in Courtroom 7C."9:21 AM The judge's clerk just went back to the jury room.9:22 AM The judge and jury just entered. Judge asks that everyone remain in their seats from now to until he and the jury leave the courtroom. He expects quiet. Motions and objections are to be done in writing. If anyone is unwilling to follow the instructions, he will give them time now to exit.The jury has informed that they remain hopelessly deadlocked and unable to reach a verdict on any of the 41 counts on guilty or not guilty. The jurors note.The defendant is still charged with the 41 counts. It's up to the government to decide whether to retry the defendant. Does the government have a decision? Stallings: We do, your honor, and we will.Is the government prepared to proceed immediately to retry the case? We are your honor.Is the defendant? McDevitt: we will have several motions to file.Judge sets trial for May 27th, the day after Memorial Day.9:28 AM Judge - "before I declare a mistrial..." he is thanking the staff and those involved in dealing with the case.9:32 AM Judge says he'll talk with the jury privately in his chambers, but wants to thank them. They get to end a long journey. The rest of us will proceed on that journey.
Thanks them, complements them on their good humor over so many days.
Give them important word of caution: appreciates they must have a great desire to share what occurred, and they have a right to do so. Asks that they remain silent until any retrial is concluded.
He says obviously discussing their opinions could make selection of a new jury more difficult. Asks them to remain silent. Can speak to family and friends. Says it's their decision. If anyone contacts them and they say no, and the person continues, they should contact law enforcement.9:35 AM Judge declares mistrial and leaves the courtroom with the jury.
Wecht Trial Day 35 - April 8, 20087:55 AM The Wecht trial jury told Judge Arthur Schwab that it wanted to begin its work at 8 AM today, as it did on Monday. The jurors wrapped up for the day at 11:55 AM yesterday, getting in just under four hours of deliberations. More than one observer has noted that if any of them had tickets, that would have left plenty of time for them to make it to the Pirates' home opener at PNC Park. There's no indication any of them did go to the game.8:05 A few late arriving jurors have gone into the deliberations room.8:29 AM The judge's bailiff just came from the direction of the jury room; she just locked the courtroom doors and is headed for the judge's office carrying a blue envelope and a sheet of paper. That doesn't necessarily mean there's a development... but there could be.I estimate the jurors are in their 53rd hour of discussion on their eleventh day working day of deliberations. This is their fourth calendar week of deliberating, which they began on March 18.This is the 35th working day of the trial and the 72nd calendar day since the trial began on Jan. 28.8:40 AM As the bailiff just passed in the hallway, I asked her if there was anything new to look for on the court's electronic filing system ECF. Her answer was "no."9 AM Judge Schwab's office just e-mailed the following notice to reporters:"USA v. Wecht 06cr26 - - Time of Announcement of Verdict""NOTICE - A proceeding will be held today at 9:15 AM today in Courtroom 7C."9:21 AM The judge's clerk just went back to the jury room.9:22 AM The judge and jury just entered. Judge asks that everyone remain in their seats from now to until he and the jury leave the courtroom. He expects quiet. Motions and objections are to be done in writing. If anyone is unwilling to follow the instructions, he will give them time now to exit.The jury has informed that they remain hopelessly deadlocked and unable to reach a verdict on any of the 41 counts on guilty or not guilty. The jurors note.The defendant is still charged with the 41 counts. It's up to the government to decide whether to retry the defendant. Does the government have a decision? Stallings: We do, your honor, and we will.Is the government prepared to proceed immediately to retry the case? We are your honor.Is the defendant? McDevitt: we will have several motions to file.Judge sets trial for May 27th, the day after Memorial Day.9:28 AM Judge - "before I declare a mistrial..." he is thanking the staff and those involved in dealing with the case.9:32 AM Judge says he'll talk with the jury privately in his chambers, but wants to thank them. They get to end a long journey. The rest of us will proceed on that journey.
Thanks them, complements them on their good humor over so many days.
Give them important word of caution: appreciates they must have a great desire to share what occurred, and they have a right to do so. Asks that they remain silent until any retrial is concluded.
He says obviously discussing their opinions could make selection of a new jury more difficult. Asks them to remain silent. Can speak to family and friends. Says it's their decision. If anyone contacts them and they say no, and the person continues, they should contact law enforcement.9:35 AM Judge declares mistrial and leaves the courtroom with the jury.
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