The first of an expected flurry of requests to postpone Dr. Cyril H. Wecht's upcoming public corruption trial was filed today.
The head of the law firm representing the former Allegheny County coroner filed an appeal this morning with the 3rd U.S. Circuit Court of Appeals in Philadelphia.
Peter J. Kalis, chairman and global managing partner of Kirkpatrick & Lockhart Preston Gates Ellis LLP, asked the appeals court to exempt him from U.S. District Judge Arthur J. Schwab's order last week that he provide the court a sworn certification that his employees will not disclose to the news media the names of jurors in Wecht's trial.
Schwab partially reversed an earlier ruling and decided that Wecht's lawyers and prosecutors would have access to juror identities during jury selection, though he severely restricted their ability to use the information by barring lawyers from writing down the names or running them through databases. Schwab also denied a request by local media organizations, including the Tribune-Review, from knowing the names and addresses of potential jurors.
Lawyers representing Wecht and the media have said they plan to appeal and ask for a stay until the appeals issues are resolved. News media lawyers said they plan to file their appeal and stay request today.
News media lawyers want access to the jurors' names. Wecht's lawyers cannot appeal on that issue until after the trial. They likely will ask the appeals court to reconsider its April decision not to remove Schwab from the case due to bias.
Jury selection is slated to begin Jan. 10. The trial is scheduled to start Jan. 28.
Kalis, who works out of Pittsburgh and New York, argues the 1,400 lawyers working in K&L Gates' 23 offices worldwide, including one Downtown, are expected to follow court orders and "to meet the highest ethical and professional standards."
Kalis is troubled that the court is looking for a fail-safe protocol that would make him responsible if there is a leak, his court filings state. Kalis said he cannot make such a guarantee and argues neither can the court with regard to its own employees.
"Would a marshal be assigned around the clock to monitor all communications of each person having confidential information?" wrote attorney John P. Krill Jr. of Harrisburg, who represents Kalis. Will someone watch for signs of attempted memorization of jurors' personal information?"
Wecht, 76, of Squirrel Hill, is accused of using his public office for private gain. He is charged with 84 counts of fraud and theft.
