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Wecht jury stuck

Judge says keep talking

PITTSBURGH — The jury in the fraud trial of celebrity pathologist Cyril Wecht declared an "impasse," but the judge instructed jurors to return Monday for more deliberations.

The jury sent U.S. District Judge Arthur Schwab a note Thursday, the ninth day of deliberations after the seven-week trial on the 41-count indictment. Wecht is charged with wire fraud, mail fraud and theft for allegedly using his former Allegheny County Coroner's staff and resources to benefit himself and his multimillion-dollar private practice.

"After considering all counts in a variety of ways and in reconsideration of all individual opinions according to the court's instructions, we have unanimously agreed we have reached an impasse and respectfully request direction from the court," the jurors said. "We agree additional deliberation would not be helpful."

Schwab rejected the prosecutors' request to send a note to the jury asking whether they have a unanimous verdict on any of the charges. Under case law, judges have to be very careful in responding to jury questions to avoid the appearance of suggesting a particular verdict.

After court ended, U.S. Attorney Stephen Stallings filed a motion asking the judge to instruct the jury that they can return a unanimous verdict on some counts, even if they cannot agree on all the charges. Schwab didn't immediately rule on the motion.

Stallings' motion referred to a question the jury asked on March 27: "Out of the 41 counts, if any one or more count the jury cannot come to unanimous agreement on, does that constitute a hung jury?"

Schwab gave the jury a one-word answer then: "No."

On Thursday, Schwab told the jury to continue deliberating, which is common in such scenarios, but also said his instructions were "not meant to rush or pressure you into agreeing on a verdict."

Each of the 11 jurors answered "Yes" after Schwab asked them individually whether they were "hopelessly deadlocked" and agreed further deliberations would not lead to a unanimous verdict.

Prosecutors declined to comment outside court, but Wecht and his legal team had a difficult time hiding their optimism.

"You heard what I did," defense attorney Jerry McDevitt said. "They did not think that further deliberation would produce a verdict."

Asked how he felt that the jury was "close to being hung," McDevitt said, "Close to being hung? They are hung."

Wecht's defense contends his charges are minor administrative lapses that don't rise to the level of federal crimes.

The jury has only 11 members because one man was excused for medical tests after he complained of dizziness and his physician said the stressful deliberations were a problem.

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