The odd case of Dr. Cyril Wecht

There was a point last fall at which it seemed we were constantly learning of Bush-appointed U.S. Attorneys bringing dubious, politically-motivated charges against Democratic officials. Reader R.S. reminded me this week of one of the more striking examples out of Pennsylvania.

Mary Beth Buchanan, the U.S. Attorney in Pittsburgh, has long been the subject of questions about partisan prosecutions. But in 2006, Buchanan raised more than a few eyebrows when she went after former Allegheny County Coroner Dr. Cyril Wecht, indicting him on multiple counts of various federal crimes, including theft from an organization that receives federal funds.

What, exactly, did Wecht do? Apparently, his transgressions included the improper use of the coroner’s fax machine for private work. Of course, there was no evidence “of a bribe or kickback” and no evidence that Wecht traded on a conflict of interest.

But Wecht’s a Democrat, and for a U.S. Attorney anxious to impress her superiors in the Bush administration, apparently that was enough.

The charges were so over the top that Richard Thornburgh, a Republican, former governor of Pennsylvania, and a U.S. Attorney General under H.W. Bush, felt compelled to take a stand against the politicization of federal law enforcement.

Mr. Thornburgh noted that Ms. Buchanan had conducted a series of high-profile corruption investigations against Pennsylvania Democrats in the months before the 2006 midterm elections, including the one against the former coroner, Cyril Wecht.

“During this same period, not one Republican officeholder was investigated and/or prosecuted by Ms. Buchanan’s office — not one,” Mr. Thornburgh said, noting that there had been accusations of corruption against two prominent Republican members of Congress from Pennsylvania in that same period. He said that Dr. Wecht, a nationally prominent forensic pathologist, “would qualify as an ideal target for a Republican U.S. attorney trying to curry favor with a department which demonstrated that if you play by its rules, you will advance.”

This week, a jury mulled over Buchanan’s case against Wecht.

The case ended, at least in the short term, with a hung jury.

After fifty hours of deliberations, the jury was hung and obviously going to stay hung. Prosecutors from the U.S. Attorney’s Office in Pittsburgh leaped at the chance for a re-trial, which has been scheduled for May.

If the view of a juror is any indication, conviction will be difficult. Rev. Stanley Albright, a juror who was excused last week when he became ill, told the AP, “I couldn’t find the crime.”

Albright was the only Wecht juror to be interviewed on the record by the media, because Judge Arthur Schwab ordered all jurors not to talk to the media or Wecht’s lawyers after he declared the mistrial. It’s an order Wecht’s lawyers, who’ve repeatedly tried to get Schwab removed from the case, say is unprecedented: “Who’s ever heard of anything like this?” A handful of jurors spoke anonymously to The Pittsburgh-Tribune Review, one saying that “a majority of the jury thought he was innocent.”

The jury foreman, who requested anonymity in light of the judge’s request that jurors not yet speak publicly, told the Pittsburg Post-Gazette that he went into the trial with an open mind, but “as the case went on my thoughts were this was being politically driven.”

You don’t say.

The U.S. Attorney scandal has largely — but not completely — faded from public view, but I’m still convinced the politicization of federal law enforcement will be remembered as the most outrageous part of Bush’s domestic legacy.

Did it occur to the paper that the judge would obviously know who the jury foreman is even if they don’t print his name? Identifying him as the foreman was an incredibly stupid move on their part.

That aside, it is exceedingly unusual for a judge to order a jury not to talk to the press or defense counsel after they are discharged. I’ve never heard of it happening before.

  • James Dillon (1): I thought I read on an earlier post that you were originally from WV. Here it is standard procedure. Three months absolute ban, and strong advice to never discuss the case. The only exception is that you can talk to the judge or the lawyers involved. In all fairness, this may only be SOP in my county or circuit.

  • Danp,

    Yes I am– Madison, originally. Are you talking about state or federal court in WV? I’m not overly familar with either one, as I went to law school in New York and practice here, but certainly in every trial in which I’ve been involved or have heard of (my experience is exclusively in the federal courts, as was the case here) the judge has told the jury that they are free to talk to the press or the lawyers if they want to do so, but they don’t have to. I believe that is the practice even in cases of mistrial. I’m not an expert on the matter but a blanket policy of forbidding jurors to speak about the case after they have been discharged would seem to me to raise serious First Amendment problems.

  • James Dillon, the entire case has been unusual. At the start of the trial, the judge attempted to seat an anonymous jury, the prosecution tried to dismiss 43 counts without prejudice, and the prosecution attempted to argue that evidence about improprieties of the lead FBI investigator remain sealed.

    Then there was the case in which no witness went on record saying Dr. Wecht informed them to use county resources. In fact, the witnesses said if Dr. Wecht found out county resources were used he would pay money back to the county. Also there were accusations of body trading with a local college. The dean of the college, a nun, testified as a prosecution witness that the body trading quid for pro had never occurred. As coroner, Wecht was charged with disposing unclaimed bodies as he saw fit. Prior to incineration Wecht provided the bodies to the college for autopsy in their forensic science program. Appears the feds were not happy about Wecht not getting money for the county from the college. In response to this testimony, the prosecution put up people that said they had issues with how their loved ones bodies were treated after hearing from the FBI, yet all these witnesses affirmed that they had refused to claim the bodies from the morgue. One witness even went on record saying he had issues with Cyril Wecht personally unrelated to the case or the body trading charges. This witness did not like Cyril’s outspoken ways as a consultant on high profile cases.

    In the end, the trial was hung. Without attempting to poll the jury, the prosecution opted for a retrial in less than 30 seconds upon hearing the jury was hung and a mistrial had been declared. Now we read in the papers how US Attorney Mary Beth Buchanan is using the FBI to go out an schedule interviews with the jury opposed to using an office aid and such. Yeah, using the FBI is not intimidation at all.

  • I live in Pittsburgh. Wecht is an arrogant jerk. I hate to have to feel bad about his being prosecuted, I’d love it if he hadn’t run all sorts of little scams to enrich himself so that I could be righteously indignant. But, it’s certainly not a federal case — if it were anything, it should be local.

    It’s not just fax machine use though. He used (coroner’s office) staffers to chauffeur his family around, played extremely fast and loose with expense accounts, and seems to have made some deal with a local college to provide them with cadavers, sort of under the table.

    Ewww. I hate it when everybody involved is slimey.

  • James Dillon: I grew up in NY and now live in the Eastern Panhandle. The instruction I described was given when I was on a jury here about 5 yrs ago. When I asked the local newspaper editor (who covers all the local trials) about it, he said they give that instruction at every trial. My particular jury duty was before a state circuit judge. But why might that be a distinction? Thanks.

  • Danp,
    I don’t think it would make any legal distinction, but different courts have different practices. The federal courts are uniform to a certain extent across the country, though there might be regional variances in cases like this because I don’t think there’s a federal rule of procedure that specifically addresses the point. For that matter, there could be variances between judges in the same district because I suspect, without having researched it at all, that this is a matter of the court’s discretion. My intuition is still that a blanket procedure of banning jurors from speaking to the press after the trial is over raises some First Amendment questions, though this may well have been settled in a case I’m not aware of.

  • Jen, please stop pushing the cadaver accusation that was rebuked by the prosecution’s own witness. The dean of the school, a catholic nun, under oath that there was never any deal with Wecht in relation to trading bodies. As county coroner, Dr. Wecht was responsible for taking care of unclaimed bodies. Prior to incinerating the bodies, Dr. Wecht provided them to a local college to be used in its forensic program. While this action of donating the bodies to the school was not normal, it was not illegal.

    At trial, the prosecution had additional witnesses testify that the bodies of their loved ones should not have been donated for a school performed autopsy. When cross examined, these witnesses all stated that they had refused to claim these loved ones bodies. One witness even stated while he did not claim his mother’s body after five times he was contacted about it, he still felt he should testify against Wecht because he felt Wecht was an arrogant prick.

    I am not saying Wecht is an angle. He is pretty divisive. What I am saying though is no laws were broken and that this case was not the best use of public funds.

    I am also disturbed that the US Attorney ran a schools name through the mud in order to attempt to convict Dr. Wecht.

  • Being from Pittsburgh, I’ll agree with Jen that Wecht is a jerk. He’s a genius. He’s also the first to tell you of his genius. At the same time, he does not suffer fools at all, let alone graciously. My impression of this case is that what he’s really on trail for – being an insufferable jerk. The penny-ante misuse of fax machines and/or staff are merely the superficial justifications for building a federal case against the guy.

    The key ingredients here are a brusque, egotistical genius vs an ambitious, political hack trying to gain brownie points and resume credits from the Bush regime.

    Even his enemies who would love to see Wecht go down over this have to admit the case itself is silly and trivial. But for them, it’s good enough.

  • I thought defense and prosecution attorneys were allowed to poll jurors immediately after trial, just so they can know how hung it was, or what they did right and wrong. To take that into consideration for a re-trial etc.

    There is a case in Ms that strongly resembles the Segilman trial. A “dem. Judge tried twice, once charges thrown out, 2nd time acquitted. He was a Rep state lawmaker, but was appointed to the judiciary by Dem Gov. Ronnie Musgrove. So he had to be taken down by the BBB and the Ms Reps. Larissa Andropovna over at Raw Story has all the details. This Wecht guy looks to be part of the same VRWC.

  • Jen, please stop pushing the cadaver accusation that was rebuked by the prosecution’s own witness. The dean of the school, a catholic nun, under oath that there was never any deal with Wecht in relation to trading bodies. As county coroner, Dr. Wecht was responsible for taking care of unclaimed bodies. Prior to incinerating the bodies, Dr. Wecht provided them to a local college to be used in its forensic program. While this action of donating the bodies to the school was not normal, it was not illegal.

    Actually, she was the ex- college president, not the dean. It’s possible that she didn’t know all the ins and outs, or was purposely left in the dark, right? You neglect to mention that he was given free lab space at this school (despite his personal business bringing in millions, while his salary as coroner was 64K/year). It was *at best* a shady deal with nothing in writing until after the fact.

    Ex-Carlow U President Denies Cadaver For Lab Space Agreement With Wecht
    http://www.thepittsburghchannel.com/wecht/15557238/detail.html

    More about the cadavers:
    http://www.post-gazette.com/pg/08030/853219-85.stm

    You didn’t mention the “Reaper Wear” clothing sold out of the morgue:
    (http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_549884.html)

    And so much more (feel free to google wecht trial). At least some of this was illegal/fraud. The fact that some of his staff liked him enough to run his errands and deliver hot dogs and the like doesn’t make it the right thing to do with taxpayer money, eh?

    Like I said, I do think this was politically motivated (heck, he’s been acting like this forever, so why now?) — but he presented a huge, seemingly irresistible target. If only he were a Republican…

  • Jen, you cite allegations. There was apparently not enough actual evidence produced for the jury to carry forward with a conviction. That whole “evidence” thing is really important in trials. There’s no case here. Wecht didn’t even call a single defense witness. And one of the top people from Carlow, where they charged he “improperly disposed of cadavers” in return for the use of space, said this did not occur.

    It’s way wrong to say “I don’t like the guy so he must be guilty.” This happens far too often.

    I don’t like Wecht either, but I don’t want to see him railroaded. And yes, I’m from Pittsburgh too.

  • You don’t think that the things his staff testified to were wrong? I’m just trying to say that if these things were coming out about a Republican official, we’d be SO all over this. He didn’t deny many/most of these allegations. They really were running his errands and his business on county time. She (the nun ex-president) didn’t actually say anything on the stand that couldn’t have been both true and not the whole story. That is, she may not have known the details; I’m sure she didn’t. But the fact is that no one is disputing that he got free lab space for himself/his business and they got free bodies. And it’s slimy to use your government position to enrich yourself.

    I dunno, like I said, I don’t think the feds needed to be involved, but, I’m sorry what he’s done and that everyone agrees he’s done? It’s wrong. Not go to jail forever wrong. But hey, hefty fines and the like? That kind of wrong.

    It’s not a partisan thing, it’s not even a Wecht thing, it’s a these things were wrong thing.
    Yeah, I live here and honestly, until I got to Pittsburgh I never *really* understood the idea of a political machine. Now I know.

  • Oops, that’s Jen again, I was posting as second Jen on a different story, someone had beaten me to the name there!

  • Jen and the other Jens, the dean of the school in question denied all the allegations put forth. In fact, the prosecution could not put forth any evidence to prove the allegations at all. The most they put forth were three family members of deceased individuals that testified they had issues with Wecht personally while still noting that they (these witnesses) refused to claim the bodies of their loved ones.

    As for the chauffeur claim, having your staff take you to the airport is not a federal crime. When I was a consultant, I had to do that a lot for partners. Yes it is degrading, but it si not illegal.

    You really need to concentrate on the evidence presented. After weeks worth of one sided testimony, the jury returned with a hung jury that favored Dr. Wecht not the prosecution.

    It is great that the prosecution can make allegations and what not, but in America you have to offer evidence that proves guilt. In this case, the prosecution failed outright. Now we all have to field the cost of another trial.

    As for this case not being political, look at the facts. Wecht is accused of misusing a fax machine and mail resources that cost tax payers $1,600. US Attorney Mary Beth Buchanan decided whether to seek criminal charges or civil charges. She chose to seek criminal charges against Wecht. Pretty much every one in the Pittsburgh political world sees the case as overkill. Roddy said it should be dismissed. Thornburgh is on Wecht side, and even though he is paid, he could have declined to defend Wecht.

    The overkill or should I say reaching prosecution is why this is seen as politically motivated.

  • Hey, if being an A-hole was a crime, Dick Cheney would have received the death penalty by now.

  • @@ I said over and over that it was political, I agree with that. It’s silly that this was a federal case.

    However, he did commit fraud (he didn’t just get driven to the airport, his family members got the service too, he didn’t go to the airport for his job, he went for his personal business which was making him millions). The bodies that went to Carlow benefitted him personally — I’m not saying that sending them there was illegal, even if it was unethical, but he did it for his personal, monetary gain (not paying for office space). I’m not sure where you’re saying that these “allegations” weren’t confirmed? These are all people’s testimony — people who said over and over that they didn’t want to testify against him because they liked him.

    Personally, I hate it when people are unethical and use public money to make themselves rich and famous. So sue me. Call me naive.

  • Jen, when the Carlow representatives were asked whether there was a deal in place for trading cadavers for lab space, they denied it under oath. In fact, the Dean of the school at the time responded that she was mortified and outraged that such allegations were made public without the FBI or DOJ contacting her. No one confirmed the allegations that the prosecution put forward on body trading for lab space during the trial. At most, the prosecution had a few people testify to having the bodies of people they refused to collect from the county disposed of by the coroner. As coroner, Wecht was responsible for disposing of the unclaimed bodies and if he chose to first provide them to a local college, it was his right.

    What was confirmed by all the Carlow people was that the FBI never interviewed them before the US Attorney recklessly went forth with the indictment. The US Attorney built the case on an assumption that because Wecht had office space at the school it must be related to the cadavers that the county donated to the school, yet no one confirmed this under oath. No testimony in the case confirmed the allegations.

    Now why did Dr. Wecht have an office and lab space at the school in the first place? From the testimony provided by the dean of the school and others, Dr. Wecht was working with the school to develop a forensic science program at the college. The school provided him lab space and office space for this endeavor. I guess helping a school build a preeminent school of forensic science is wrong.

    I’m not saying Wecht is an angel. I just hate the fact we have had to deal with an overzealous US Attorney misusing public funds to go after frivolous cases in an attempt to build her political career. This case against Wecht was overkill in the initial decision to pursue criminal charges over civil charges and then to go on television and grand stand about the charges.

  • I agree (again) that it was truly a civil, local sort of case and was political.

    However, I can’t get past the fact that he’s committed fraud. It’s just this weird tick that I have, I guess, I hate it when people (particularly wealthy people) nickel and dime the public out of their money. I’m not saying he’s a huge criminal, but, well, he’s a con man, at best.

    Reading your post about Carlow and then this article sure does give a different picture. Also, from the reports I’ve read, Carlow was billed for the bodies, they weren’t donated for free. His lab space was free, the bodies weren’t. If he wanted to help set up a program, fine, great, hell, pay him to do it! But, he should have paid for his own lab space for his own business that was enriching…him.

    http://www.post-gazette.com/pg/08067/863171-85.stm

    And thank god this is online where no one can get my address…not that I wouldn’t love to have my very own copy of a Wecht hate mail.

  • Jen, you should read Bob Mayo article that you sent over originally or at least the Mayo and Cato blogs. What you are taking is one reporter’s viewpoint of a prosecution witnesses’ testimony from an individual day. When you look at the entire reports, a different picture is presented. In the Mayo article, the Sister, who was in charge of Carlow at the time of the alleged crime, states that she offered Dr. Wecht lab space in turn for setting up a forensic science program. That was how the school reimbursed him for his services.

    Here is what was reported:

    “To trade bodies, cadavers, for space, is entirely false,” Geibel said. “There was never an agreement that related to the trading of bodies and the securing of space.”

    Geibel repeated her insistence that it isn’t true, saying she suggested offering the lab space not for bodies but for Wecht’s expertise.

    “I had given Dr. Wecht use of the lab space in 2003 for the purpose of establishing an academic program,” she said.”

    As for the cadavers, please review the testimony, because from what was presented, Carlow was not billed. In fact, I do not believe this point was raised at all during the trial. If it was, would you please send over the link. Even though if Dr. Wecht did bill Carlow for the cadavers, the issue would be what happened to the money. If Cyril was receiving money for the cadavers, the money would go to the county and if he pocketed the money then he is guilty of embezzling county funds. Such a money trail would be easy to find and been admitted into evidence by now. The only allegation was that the fact Cyril received lab space was because he sent over cadavers. Such a tactic is normal of Buchanan’s staff in past cases. When the prosecution can’t argue a money trail, they argue innuendos such as bodies for lab space that rest on he said she said arguments. In this case though, no one supported the prosecution’s claims.

    Odd though that after Cyril was no longer Medical Examiner, the school still gave him lab space for free. I am guessing this fact was why the jury believed Cyril was compensated with lab space for his help in setting up the academic program.

    Once again, I recommend those that want to know the full detail of this case, should read the testimony on Mayo and Cato’s blogs. These guys are two local reporters. It was shocking to have the family member witnesses go off about the use of the unclaimed cadavers during their prosecution direct testimony, and then admit under cross examination that they had refused to pick up these bodies from the morgue. Yeah, they actually were upset with the county for assuming the costs of disposing of the bodies that they would not claim and that the county did not let them dictate how the county disposed of the bodies.

    Thanks for confessing to having a bias against someone that makes money.

    Please note though fraud requires deliberate intent. In the situation that the prosecution presented, the case is commingling of funds at best which is not fraud since it is not deliberate. It is called bad book keeping and I agree that it is a civil matter. Since the cost to tax payers was $1,700, the prosecution should have filed civil charges sought a fine and recouped the cost opposed to opening up a multi-million dollar investigation. Whoever greenlighted this case as a criminal case needs to be let go from the DOJ.

    But hey, maybe you are right. Maybe a wealthy individuals is going to go out of his way to use a county fax machine and send out three packages; because after all that was what the 84 and later 41 count indictment said. I agree with you that Wecht should never have offered his services as a teacher and expert in forensics to Carlow in exchange for lab space; because doing so has opened him up to this crap.

    Personally, I find it obscene that someone that has built two local academic programs, made the county morgue a preeminent establishment, and was willing to work as coroner for years at a discount (he took $60k per year and the new guy takes $120-150), is paid back with allegations of body trading, misusing a fax machine, and sending out packages. It is unnecessary and overkill.

  • Douglas, I was that witness who criticized Wecht. And if you paid attention when asked if I disliked Dr. Wecht, I answered that I didn’t know the man personally to like or dislike him and I never gave him a thought. As far as judging him by his work, Dr. Thomas Naguchi formerly of the Los Angeles County M.E. office is the better forensic scientist. I see you also forgot to mention that at the time I was poor and dead broke with no fiinancial means to give my mother a decent burial. Having my mother sent to the university 2 days after she died to be dissected is inexcusable. not being told what would happen to her corpse is outrageous. As far as the coroner disposing the bodies as he saw fit, continuing with that line of abstract thinking, he could have had my mother’s body sent to be skinned and plasticize and put on display as medical model without my permission. All the bodies that were sent to Carlow University were indigents. Some had families who, like myself, were too poor to afford burial. That being said, one would have to go under the presumption that Wecht has the lowest regard for the poor and their plight.
    Douglas, it would seem you are an elitist who bends the truth as he sees fit. Get the facts straight boy.

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