A federal judge has ruled that evidence from search warrants used to collect evidence against famed pathologist Cyril Wecht cannot be used in his second trial because the searches were too broad. With all of that evidence, Wecht's first trial ended in a mistrial.The judge, however, stopped short of dismissing the case against the coroner who investigated the deaths of Elvis Presley and JonBenet Ramsey.
Wecht's attorneys believe the judge's ruling basically dismantles the prosecution's case.
"They used all this evidence in the first trial against Dr. Wecht ... and they couldn't get a conviction with it," attorney Jerry McDevitt said at a news conference. "Without this evidence, they don't even a have a case, in my opinion."
Minor Abuses, Not Crimes?
Prosecutors said they would review the ruling and make a decision on proceeding with a second trial.
Wecht is charged with using his former Allegheny County Coroner Office to benefit his lucrative private practice. He is also accused of overbilling private clients for limousines and air fare and of overbilling prosecutors in surrounding counties for mileage fees when he appeared as an expert witness.
Wecht's attorneys have maintained that the allegations are minor abuses, not federal crimes.
Prosecutors claimed investigators acted in good faith when they served the search warrants for Wecht's office and computer, even if the warrants were too broadly written, not specifying for what they were searching.
Unwarranted Government Intrusion
U.S. District Judge Sean McLaughlin disagreed.
"... the result reached here today is not based on what amounts to constitutional hair-splitting or what is sometimes referred to in common parlance as a mere 'legal technicality,'" the judge said. "Rather, these rulings are grounded in well-established Fourth Amendment principles which serve as a bulwark against unwarranted governmental intrusion into the private affairs of every citizen, not just this defendant."
But Judge McLaughlin stopped short of dismissing the case as Wecht's attorneys requested.
See Also:
Evidence Against Celeb Pathologist Wecht Dismissed
Earlier Articles:
Mistrial Declared in Cyril Wecht Case
Trial Begins for Famed Coroner Cyril Wecht
Dr. Cyril Wecht, Celebrity Coroner, Indicted
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Photo: Saint Francis Central Hospital
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