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Apr 2, 2008 4:48 pm US/Eastern
Juror Dismissed, Wecht Defense Files Motion
PITTSBURGH (KDKA) ―
Just hours after the jury resumed deliberations this morning in the trial of Dr. Cyril Wecht with only 11 jurors, the defense filed a motion saying the judge was hasty in the decision to dismiss a juror.
Tthe defense also says they want the order reversed and deliberations to stop until the issue is resolved. On Tuesday, the juror became ill and was admitted to the hospital.
KDKA's Harold Hayes reports that the juror told the judge that he would rather not continue and the judge said the juror's doctors said the stress of a trial would not be good for him.
However, the defense wanted the judge to take a day to see if that juror could continue.
Jerry McDevitt, Wecht defense attorney, said the case was moving dangerously close to a mistrial if another juror's ability to serve becomes an issue.
"The rules permit under certain circumstances a jury of 11, but they don't permit a jury of less than 11," said McDevitt. "So now that this juror has been excused the only other alternative would be to bring back alternates, which if that happened could cause issues and that was the point I was trying to make."
Criminal defense attorney Marty Deitz, who is not involved in this case said, "It creates an issue for appeal certainly whether it has any merit or not is a different story but injects another issue that Dr. Wecht could raise on appeal if necessary.
Wecht is accused of using the Allegheny County Coroner's office to benefit his private practice.
Stay with KDKA for the latest details.
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