Court lets charges against Wecht stand

The famed pathologist can be tried again, the appeals court ruled.

PITTSBURGH (AP) — A federal appeals court Friday refused to dismiss fraud and theft charges against famed pathologist Cyril Wecht and said he can be tried again — but ordered the judge replaced to help ease the “rancor in the courtroom.”

The judge at Wecht’s first trial did not follow proper procedure in declaring a mistrial after jurors said they couldn’t unanimously agree on a verdict, but that wasn’t enough to dismiss the 41 counts against him, the appeals court ruled.

Wecht, 77, has earned millions investigating deaths, including those of JonBenet Ramsey, Elvis Presley and Vince Foster.

He was accused of using his former Allegheny County coroner’s staff to benefit his private business and of trading unclaimed county morgue cadavers for office and lab space at a university where he taught. Wecht was also charged with mail fraud for allegedly overbilling his private clients for bogus travel expenses.

His first trial lasted seven weeks and jurors had deliberated for more than 50 hours before they told U.S. District Judge Arthur Schwab on April 8 that they were “essentially deadlocked.” Schwab then declared a mistrial.

A three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia found “even though there was a manifest necessity to declare a mistrial ... [Schwab] reached that conclusion through a highly flawed set of procedures.”

Wecht’s attorneys last month asked the court to dismiss the case on double-jeopardy grounds. They argued that Schwab made mistakes in not questioning jurors, not consulting with the attorneys and not considering other alternatives. They also repeatedly have tried to paint Schwab as biased.

The appeals court judges likened Schwab to “a referee in a heavyweight fight ... [who] has generally made the correct calls, with some exceptions.”

They ruled that Schwab should be replaced, not because of the errors or any perception of bias, but to try to ease the “combative tenor” of the case.

“Our view is that both sides and the interest of justice would benefit from a reduced level of rancor in the courtroom, fresh eyes on the case and fewer forays to this court by the parties,” the judges wrote.

The appeals court said that, although Wecht can be retried, their ruling “does not stand for the proposition that he must be retried.”

U.S. Attorney Mary Beth Buchanan said she was pleased the 3rd Circuit said Wecht could be retried. She said she would have no comment on the rest of the court’s opinion.

Wecht’s attorney, Jerry McDevitt, said in a statement that it was time for the government to cease prosecuting Wecht.

Considering the appeals court said Wecht doesn’t have to be retried, “we hope the United States attorney’s office dispassionately considers whether to do so,” McDevitt said.