PITTSBURGH -- The judge who took part in the first trial of Dr. Cyril Wecht said he won't step aside when the former Allegheny County Coroner is re-tried next month.

Defense attorneys said should recuse himself, Schwab said those efforts are improper.

Meanwhile, defense attorneys have released an open letter to Attorney General Michael Mukasey and U.S. Attorney Mary Beth Buchanan, signed by 33 prominent community leaders asking Buchanan and Mukasey to drop the prosecution of Wecht.

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Letter: Read It Here - pdf

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The letter says Wecht and his family have endured a great deal and argues that a second trial would not be in the interest of justice, because the first deadlocked jury included several people who wanted to acquit Wecht

The open letter said, "The jury system has spoken … Justice requires in this case that their judgment be honored."

It also says, "You brought your case to the people. The people have spoken. You have discharged your duty … Dismiss the indictment."

Prominent Republican signers of the letter include National Republican Committeewoman Elsie Hillman, former Allegheny County Executive Jim Roddey and former Republican Congresswoman Melissa Hart.

The signers also include Duquesne Law School Dean Emeritus Nicholas Cafardi and retired FBI special agent James Treher.

Prominent Democrats signing the letter include former Pittsburgh Mayor Tom Murphy and Jim Burn, the chair of the county Democratic Party.

There are county council members and state lawmakers among the signers as well.

Federal prosecutors in Pittsburgh have told U.S. District Judge Arthur Schwab they intend to retry Wecht on all 41 theft and fraud counts that resulted in the mistrial last week.

"The jury has spoken, and I don't see the value of continuing this," said Roddey. "I think it becomes punitive, and that's not what the justice system is about. They could not, even on one of the 41 charges, come to a majority. And so I think the government should pack up their bag and close it up and not do any more. And I hate to see Cyril go through any more of this."

"They couldn't prove the case the first time, and the defense didn't even call any witnesses," said Hart. "So, from my point of view, it's partially sort of a persecution, partially a waste of resources. Why did we spend, you know, millions of dollars in federal resources over three years to try this guy? And once the trial was done, obviously it was inconclusive."

"For me, it's not about politics," said Roddey. "It's about justice. If it were a Republican or a Democrat or whoever, I would, in the same circumstances, I would sign the letter."

In a statement released later Wednesday, Buchanan says, "Our decision to bring this case is based upon the law and the evidence alone. Because the case of United States v. Cyril H. Wecht is still pending, the government will continue to litigate this matter in the courts -- not through the media."

Earlier this week, Wecht's defense attorneys asked Schwab to dismiss the entire indictment, arguing it would be illegal for Wecht to be prosecuted again after a jury failed to reach a verdict.

Wecht's attorneys said further prosecution would, in essence, put him on trial twice for the same alleged offenses -- a move that they say would violate his constitutional rights.

On Wednesday, Schwab denied the request to dismiss the charges or delay the new trial.

He also refused to step aside in favor of a new judge -- something which Wecht's attorneys have said they plan to ask an appeals court for.

Wecht is charged with wire fraud, mail fraud and theft, accused of using his former coroner's staff to benefit his private pathology practice.

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