PITTSBURGH -- Would putting Dr. Cyril Wecht on trial a second time be double jeopardy, and a violation of his constitutional rights?

That's the question being asked of a three-judge panel from the 3rd Circuit Court of Appeals, which heard oral arguments from both sides Monday at the federal courthouse downtown.

Video:Cyril Wecht Claims Double Jeopardy; Judges Hear Appeal Arguments

Judges Michael Fisher, Brooks Smith and Franklin Van Antwerpen must determine whether Wecht -- a former Allegheny County coroner -- should have to go through a second trial on fraud and wire theft charges.

Wecht is accused of using his former county office staff to do work that benefited his lucrative private practice. His first trial ended in April, when the jury said it was unable to reach a verdict.

Wecht's defense team claims U.S. District Judge Arthur Schwab acted improperly on the day of the mistrial because the jurors were not re-polled and he did not consult them before a mistrial was declared.

Defense attorneys said that Schwab effectively gagged them from speaking in court during the mistrial declaration.

They also said they were not shown a note from the jury which said they had "essentially deadlocked" and couldn't reach a unanimous verdict on all counts.

That terminology was different from the jurors' statement days earlier that they were "hopelessly deadlocked."

"They could have been a lot clearer," Van Antwerpen said. "This isn't the fault of the jury. This is the fault of the judge ... For all we know, that jury could have been ready to acquit Wecht on every count but one. We'll never know."

The prosecution told the three judges that Schwab ruled a mistrial because of the jury's genuine inability to reach a verdict. Prosecutors said the jury had '"exhausted" its deliberations.

Wecht but had no comment as he left the federal courthouse with his wife. There is no timetable for the judges to issue a ruling on his appeal.

"They were very vigorous in their questioning of both sides. They usually are," defense attorney Jerry McDevitt said. "And now they're going to deliberate, and that's what we're going to let them do."

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