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Federal Appeals Court Delays Wecht's Retrial

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May 8, 2008 4:10 pm US/Eastern

Federal Appeals Court Delays Wecht's Retrial

PITTSBURGH (AP) ― A federal appeals court has stayed the retrial of celebrity pathologist Cyril Wecht while his attorneys push for a double jeopardy dismissal.

The trial had been set for May 27 with jury selection to begin next week. But the 3rd U.S. Circuit Court of Appeals says the trial can't begin until the appeals court decides whether the retrial constitutes double jeopardy.

U.S. District Judge Arthur Schwab and prosecutors say retrying Wecht on 41 theft and fraud counts does not constitute double jeopardy because Wecht's attorneys moved for a mistrial when a jury deadlocked last month.

Wecht is accused of using his county staff and resources to benefit his multimillion dollar private practice.

It's not clear how quickly the 3rd Circuit will rule or how long the retrial may be delayed.

(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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