PITTSBURGH -- Former Allegheny County Coroner Dr. Cyril Wecht is scheduled to go on trial for a second time at the end of May.

But Wecht's attorneys submitted some last-minute motions on Monday afternoon -- and if they get their way, there will be no trial.

One of the motions is a call for U.S. District Judge Arthur Schwab to remove himself from the case. The other alleges misconduct by prosecutors.

In the misconduct allegations, Wecht's defense team claims that prosecutors and FBI Special Agent Brad Orsini misrepresented facts to get search warrants, and the attorneys say that came to light during Wecht's first trial, which ended with a deadlocked jury. They accuse the prosecution of having a "win-at-all-costs attitude."

In court papers, Wecht's attorneys charge that Schwab has "demonstrated hostility to the defense... and persistent favoritism toward the government."

Among the documents filed by Wecht's attorneys are a sworn statement by the Rev. Stanley Albright, a juror who became ill during deliberations and was excused by Schwab.

Albright's statement reveals that he "did not wish to be excused" to continue on the jury and only agreed to take some time off for medical tests.

"I have since learned that the record in this case states: 'The juror has requested through the bailiff to be excused, expressing concern that the continued stress of deliberations was... unwise in light of his medical condition.' That is simply not accurate. I never requested to be excused and I never expressed any concern regarding 'the stress of deliberation,'" the statement says.

Federal prosecutors in Pittsburgh have told Schwab they intend to retry Wecht on all 41 theft and fraud counts that resulted in a mistrial the first time.

They have one week to respond to the new motions filed by the defense.

Wecht is scheduled to stand trial on May 27. He's 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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