PITTSBURGH -- Dr. Cyril Wecht is months away from a trial on charges that he used his former office for private gain, but the case is already taking dramatic turns.

First, his lawyers wanted U.S. District Judge Arthur Schwab to toss out the charges against Wecht, a former Allegheny County Medical Examiner.

Now, Channel 4 Action News reporter Bob Mayo said they want to toss out Schwab, whom they claim is biased against the defense.

Attorneys Jerry McDevitt and Mark Rush are asking Schwab, who is presiding over the upcoming public corruption trial, to remove himself from the case.

"We say this with respect, we say this with regret, but it is something that has to be done," Wecht said on Friday.

Wecht commented instead of his lawyers, who fear potential prison time if they anger the judge by discussing the case outside the courtroom.

In a court ruling this week, Schwab launched a blistering 47-page critique of Wecht's attorneys, saying once the trial is over, there will be a hearing on whether to hold the lawyers in contempt of court for not following his orders.

McDevitt said he has never made a motion to remove a judge in 26 years of practicing law.

"I regret that we have reached this point," Wecht said. "However, I feel that it was necessary to do so. I'm entitled to a fair and impartial trial, which is all I am requesting."

Wecht said he's concerned about anything -- intended or unintended -- which could hurt his defense.

Anything that could "possibly, consciously, subconsciously, dampen the enthusiastic, zealous advocacy that I expect to have from Mr. McDevitt and Mr. Rush at the time of trial is unacceptable," Wecht said.

"Zealous advocacy doesn't permit disobeying orders of the court," Schwab said.

The U.S. Attorney's Office said there is no basis for asking the judge to step down from the case.