ERIE, Pa. -- A federal judge heard arguments Thursday on whether to move former Allegheny County medical examiner Dr. Cyril Wecht's second trial from Pittsburgh to Erie, and whether the criminal charges against him should be dismissed.
U.S. District Judge Sean McLaughlin is presiding over the hearing at the federal courthouse on South Park Row.
Reporter Bob Mayo was at the hearing. Read his courtroom blog here.
Wecht's attorneys are asking the judge to dismiss all charges against the 77-year-old pathologist from Pittsburgh's Squirrel Hill neighborhood. His attorneys said the evidence against Wecht is insufficient and improperly obtained.
Federal Judge Hears Motions To Move Or Dismiss Cyril Wecht TrialFederal prosecutors allege that Wecht used his county staff and resources to benefit his lucrative private practice.
Wecht denies those allegations and opposes the government's motion to hold his trial in Erie because of the extensive coverage that his case is getting in the media.
Wecht's first trial in Pittsburgh ended with a deadlocked jury and a mistrial in April. U.S. Attorney Mary Beth Buchanan quickly announced that her team would pursue a second trial.
Wecht's attorney, Jerry McDevitt, argues the government doesn't have a case worth retrying.
"Our argument is, with respect to the counts that the government has indicated it wants to re-prosecute, that they didn't prove them the last time and shouldn't be given a second opportunity to do it," McDevitt said.
The defense is pleased to have a new judge who was assigned to provide a fresh pair of eyes.
"With the new judge he's obviously read the briefs, he's versed in the law, he's asking all the right questions. It's refreshing just to have oral argument on the case," said McDevitt.
The prosecution argues the defense is simply repackaging arguments rejected by the previous judge at the first trial.
McDevitt admits the case has taken a toll on his client.
"It's been going on now for years at great personal and financial cost. He's a tough cookie, as you see, he's still out there battling and doing what he does. But he has a couple of ailments that are bothering him right now that he's getting treated for. But he is a tough cookie and hopefully we can end this thing for him," McDevitt said.
All but 14 of the original 84 counts in Wecht's federal indictment, which were mostly wire and mail fraud charges, have been dropped.
There's no indication when McLaughlin will make his decision on either moving the trial or cancelling a Wecht retrial.
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