PITTSBURGH -- A federal judge has denied a request to dismiss the fraud indictment against Dr. Cyril Wecht on double-jeopardy grounds and stop the former Allegheny County coroner's retrial from taking place.

Wecht's defense attorneys want the 3rd U.S. Circuit Court of Appeals to overturn U.S. District Judge Arthur Schwab's decision before the new trial starts on May 27.

Schwab declared a mistrial on April 8 after the jury in the first trial deadlocked.

The judge said Wecht's defense attorneys had asked him to declare a mistrial. In such a case, prosecutors have every right to try the defendant again, Schwab said.

Prosecutors want to retry Wecht on a 41-count indictment that charges him with using his coroner's staff and resources to benefit his multimillion-dollar private practice.

Most of the counts against Wecht are wire and mail fraud charges.