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Wecht's Attorneys Want Case Thrown Out

POSTED: 5:08 pm EDT June 7, 2006
UPDATED: 5:53 pm EDT June 7, 2006

Former Allegheny County coroner Cyril Wecht is accused of using his former public office for personal gain.

But his lawyers claim that the dozens and dozens of criminal counts don't really add up to criminal behavior.

Wecht's attorneys are asking the judge to toss out the criminal charges against him.

In a nearly 80-page document, they attack the federal government's case as a "bizarre prosecution" that's a recipe for abuse by law enforcement.

Attorneys for Wecht argue that prosecutors are trying to criminalize the mere use of coroner's office mail and fax machines in a way that should turn the common, everyday actions in the workplace into federal felonies.

U.S. Attorney Mary Beth Buchanan said she will make her case at trial.

"All I can tell you is the indictment charges that Cyril Wecht used county resources for private business, and that is what the charges are that are contained in the indictment," Buchanan said.

Wecht's attorneys argue:
  • The Justice Department allows its employees use of faxes and phone calls, word processors, and photocopiers.
  • They note that Buchanan spoke and presented papers at the Wecht Institute, which they speculate was typed by a Department of Justice secretary.

"There's absolutely no comparison that can be drawn between his actions and my presentation or my first assistant's presentation at a terrorism conference," Buchanan said.

Meanwhile, both sides are back before the judge Thursday morning.

At issue Thursday: More than 20 boxes seized from Wecht's private business, including files on the deaths of celebrities from Marilyn Monroe to Elvis Presley to Kurt Kobain.

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