Dr. Cyril H. Wecht likely would face fewer charges at his second public corruption trial, which might take place outside of Pittsburgh.
Federal prosecutors on Friday announced they plan to drop 27 of 41 fraud and theft counts to streamline their case for a retrial. They want that trial moved to Erie, where they also want to select jurors who are "unpolluted" by widespread news coverage about the renowned forensic pathologist and former Allegheny County coroner.
Assistant U.S. Attorney James Wilson said "an absolute saturation of media on this case" made it difficult to select a jury for the first trial, which ended in April with a hung jury and the declaration of a mistrial.
Wecht, 77, of Squirrel Hill is accused of using his public office for personal gain.
U.S. District Judge Sean McLaughlin of Erie did not set a new trial date.
"I just don't think it makes sense right now to throw a dart out there to try to hit a date that isn't likely to stick anyway," McLaughlin said during a status conference at U.S. District Court, Downtown.
That ensures the trial would not take place until next year.
Wecht's lawyers hope to persuade McLaughlin to dismiss the case altogether. They have two weeks to file motions asking that Wecht be acquitted or that most of the evidence against him be dropped. Wecht has an appeal pending before the U.S. Supreme Court, which also could end the case.
"Maybe we'll get a Christmas present," said defense attorney Jerry McDevitt.
The original 84 counts filed against Wecht in January 2006 were reduced to 41 before his trial. McLaughlin must approve the prosecution's request to whittle the charges to 14, which Wecht's lawyers do not plan to oppose.
McDevitt, however, does not want the case moved to Erie. He said Wecht is accused of defrauding residents of Allegheny and surrounding counties.
"They're saying those same citizens can't give them a fair trial," McDevitt said. "They did last time. (Prosecutors) just didn't like the outcome."
A federal appeals court in September removed U.S. District Judge Arthur J. Schwab, the original trial judge, in hopes of reducing the rancorous tone pervading the case. Yesterday was the first time McLaughlin presided over Wecht's case.
