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Aug 4, 2008 12:53 pm US/Eastern
Wecht Lawyers: New Trial Would Be Double Jeopardy
PITTSBURGH (KDKA) ―
Attorneys for Dr. Cyril Wecht are hoping to help their client avoid a second corruption trial.
Lawyers are going to be in federal appeals court today trying to argue that Dr. Wecht should not go on trial again.
Wecht's first trial ended in a hung jury.
A lot has changed since the trial started in January.
Lead Prosecutor Stephen Stallings left the Justice Department and is now in private practice.
The case is now assigned to prosecutor Leo Dillon.
The jury could not come to a decision on any of the 41 counts of theft or fraud that Dr. Wecht faced after 10 full days of deliberation.
At that time he was accused of using his public office for personal gain.
Today, his lawyers will argue that Judge Arthur Schwab did not correctly handle this case in the way he declared it a mistrial.
They say to try him again would be considered double jeopardy.
Lawyers say Judge Schwab failed to poll the jury, failed to question the foreman and that he mis-characterized the jury split by saying they were hopelessly deadlocked when the jury said they were essentially deadlocked.
The government in its briefs says the trial judge has broad discretion in when and how to declare a mistrial.
Wecht's attorneys and the U.S. Attorney's office will have 20 minutes each to argue the case before the three judge panel.
Among the judges who will decide the case - Appeals Judge D. Brooks Smith, a former Federal District Judge in Pittsburgh and Appeals Judge D. Michael Fisher, former Pennsylvania Attorney General.
There's no specific timetable on when the appeals court will make their final decision on whether Wecht should be retried.
Both sides are expected to meet at 1:30 p.m. at the Federal Courthouse on Grant Street.
Stay with KDKA for more details.
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