PITTSBURGH -- After a federal judge in Pittsburgh denied a request to delay Dr. Cyril Wecht's retrial on fraud and theft charges, a federal appeals panel in Philadelphia issued a stay on Thursday.

Jury selection for Wecht's second trial was set to begin Monday, but that will not happen, because of the ruling by a three-judge panel of the 3rd U.S. Circuit Court of Appeals.

Wecht, the former Allegheny County Coroner, is accused of using his county staff and resources to benefit his multimillion dollar private practice. Last month, U.S. District Judge Arthur Schwab declared a mistrial in the case after a jury deadlocked in Pittsburgh.

Schwab had denied a request to delay the new trial, saying the defense's argument that a mistrial amounted to a finding of not guilty was "legally incorrect."

Schwab also said the defense had spent "sufficient time to plan and implement their relentless media activities, time which certainly could be spent preparing for retrial."

But Wecht's attorneys successfully appealed Schwab's decision to the court in Philadelphia.

A new date for the trial has not been set.

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