ERIE, Pa. -- Former Allegheny County Coroner Cyril Wecht spent his 78th birthday in court Friday.

Wecht watched as his defense team fought to keep prosecutors from putting him on trial again.

The defense is asking the new judge to toss out key evidence that would gut the prosecutor's case.

Wecht's lawyers argue that search warrants used to seize records from Wecht's private business were invalid.

"Can you imagine how much younger I would look if that had not been the case," Wecht said with a smile.

This marked the second birthday Wecht has celebrated in court fighting charges against him.

The government alleges Wecht used resources from his former public office to profit his private consulting business.

"In our view, if those search warrants are quashed, there is no case. Those started the whole investigation. they were the fuel of all of this," said defense attorney Jerry McDevitt.

U.S. Attorney Mary Beth Buchanan's office requested a retrial, which was assigned to McLaughlin in Erie.

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