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Mary's Buggin'
You may remember her from such hits as "the persecution of Dr. Bernard Rottschaefer," "the first federal obscenity case in 20 years," and "the railroading of Tommy Chong."
Now it seems U.S. Attorney Mary Beth Buchanan may have finally stepped in it but good. This week, a federal jury hung on the 41 public corruption charges Buchanan brought against Pennsylvania medical examiner Dr. Cyril Wecht. A majority reportedly voted to acquit. This after a two-year investigation, a very sympathetic judge, and a bizarre trial in which the defense rested without calling a single witness. A loss or even a hung jury is rare for a U.S. attorney. Their conviction rate is over 95 percent.
Wecht's attorneys—including former GOP Attorney General Dick Thornberg—say the case was entirely driven by politics (Wecht is an outspoken Democrat). They point out that the trial itself cost about $200,000, while the total amount of money Wecht is alleged to have used from his public position to aid his private practice amounts to about $1,700.
In one post-trial interview, the jury foreman seemed to agree. The feds immediately announced plans to try Wecht again.
What I'm wondering is how the Department of Justice can see fit to spend two years and likely seven figures in taxpayer dollars to investigate a medical examiner for sending personal faxes on his publicly-owned machine, but thus far has seen no reason to look into Mississippi's Dr. Steven Hayne.
I've argued before that the real scandal with this Justice Department is not that it fired a bunch of prosecutors who didn't share the administration's priorities and political agenda. The real scandal is just how screwed-up those priorities and that agenda actually are.
alan|4.10.08 @ 6:07PM|#
Perhaps the only solace that comes from a Democratic victory in November(seems McCain is trying to throw it), is the likely fact that payback for Mary Beth Buchanan will be a bitch.
|4.10.08 @ 6:13PM|#
Alan - $5 says she gets a recess appointment as a federal judge before Bush leaves office. Unfortunately, I don't think we're going to have seen or heard the last of her on January 21, 2009.
|4.10.08 @ 6:24PM|#
I've been thinking about the Nixon justice department a lot
lately.
Does anybody know why?
|4.10.08 @ 6:25PM|#
Alan - $5 says she gets a recess appointment as a federal
judge before Bush leaves office.
I'll take that bet. Reid has been pretty good so far about keeping
the Senate in session to prevent W from doing recess appointments
these days
|4.10.08 @ 6:28PM|#
It's truly frightening how many people who conceive of
themselves as great defenders of liberty and scourges of the
government looked at the evidence that came out about this Justice
Department over the past couple of years, said the magic words
"Political Appointee," and convinced themselves that everything was
O.K.
Radley, are you going to do a column on Don Seigelman, or what?
Paul|4.10.08 @ 6:37PM|#
the real scandal with this Justice Department is not that it fired a bunch of prosecutors who didn't share the administration's priorities and political agenda. The real scandal is just how screwed-up those priorities and that agenda actually are.
Thank you for saying it, Radley.
|4.10.08 @ 6:54PM|#
John Yoo has received fellowships from the Olin Foundation (for
work on treaties and constitutional law) and the Rockefeller
Foundation (for a book on the effects of globalization on American
constitutional law). He has received the Bator Award for excellence
in legal scholarship and teaching from the Federalist
Society.
Rockefeller foundation huh, does this surprise anyone?
01/08/06 "revcom.us" -- -- John Yoo publicly argued there is no law
that could prevent the President from ordering the torture of a
child of a suspect in custody - including by crushing that child's
testicles.
This came out in response to a question in a December 1st debate in
Chicago with Notre Dame professor and international human rights
scholar Doug Cassel.
It's so predictable....look at a resume and if you see
Yale + Rockefeller then you can fill in the "= crushing innocent
children's testicles "
University of California, Berkeley
Boalt Hall School of Law
890 Simon Hall
Berkeley, CA 94720
Phone: (510) 643-5089
Fax: (510) 642-3728
E-Mail: yoo@law.berkeley.edu
send him a email, call him up.
|4.10.08 @ 7:50PM|#
@alan
Perhaps the only solace that comes from a Democratic victory in
November(seems McCain is trying to throw it), is the likely fact
that payback for Mary Beth Buchanan will be a bitch.
Don't
bet the ranch on it....
ktc2|4.10.08 @ 7:57PM|#
She'll get a Medal of Freedom and a cushy job at some
"conservative" organization.
G-Men
alan|4.10.08 @ 8:00PM|#
I've said before, he has an advantage going into the general (people have been dismissing how strongly attached older feminist women are to Clinton, the alienation they feel being on the wrong side of the party split, and the degree they are needed for Democratic victories). However, McCain is determined to say the wrong things, in or out of context, like his support for the concept of preemptive war.
|4.10.08 @ 8:31PM|#
Andrew and others, it is pretty well known in Pittsburgh that Mary Beth Buchanan has a hold placed on her in the senate preventing any appointment to a federal judgeship. Since she is connected with the Attorney General scandal, she was said to have weighed in on who to fire and who to keep per Kyle Sampson, I doubt she will make it near any appointment any time soon.
Morgan|4.10.08 @ 8:52PM|#
"The real scandal with this Justice Department is not that it
fired a bunch of prosecutors who didn't share the administration's
priorities and political agenda. The real scandal is just how
screwed-up those priorities and that agenda actually are."
Yes, the increased attention to human slavery is an absolute shame.
Somebody call The Hague.
TallDave|4.10.08 @ 9:08PM|#
Wecht's tenure as Allegheny County Coroner was not without
controversy. While he was responsible for significant upgrades in
the professionalism and technology of the coroner's office during
his service in that office from 1970 to 1980, making the Allegheny
County Coroner's office one of the best in the nation, Wecht's
political career proved as controversial as many of his forensic
findings. In 1979, Wecht was accused of depositing autopsy fees
into a personal account rather than the Coroner's office account.
He argued that the charges were politically motivated as he was
running for Allegheny County Commissioner at the time. He faced
criminal charges for the incident but was acquitted when the case
went to trial in 1981. The county then sued him seeking $390,000.
After losing the case in 1983, he appealed and after a nine year
battle, the case was finally settled out of court in 1992 after
Wecht agreed to pay $200,000 in damages.[34]
...
A former histologist with the Allegheny County Coroner's Office who
also worked for former Coroner Cyril H. Wecht, pleaded guilty to
theft from an organization receiving federal funds, failing to file
a tax return and making false statements to FBI agents. Prosecutors
say Hollis cost county taxpayers more than $50,000 by performing
work for Wecht's private consulting business while on duty at the
coroner's office.
Yeah, clearly this is just politics eun amok. When a medical
examiner can't deposit official fees into his personal account and
emebezzle money to his friends via a ghost payroll -- well, if
that's wrong, I don't want to be right.
Look over there! John Yoo is researching the legal status of
terrorists!
Sarcasmatron 2.0|4.11.08 @ 1:56AM|#
But that other one was great.
Yes, the greatness of the Clinton administration is always the
point of posts criticizing the Bush administration.
You are incredibly mature and insightful!
|4.11.08 @ 6:35AM|#
for a partial list 100 pages long, of crimes committed by FBI
agents see
campusactivism.org
click on home in upper left
click on forum in upper right
scroll down to FBI WATCH
|4.11.08 @ 6:37AM|#
TallDave, you should do more thorough research, because you are
not fully aware of the issues of the case. In 1980, the county case
you reference resulted in an acquittal of Dr. Wecht on all charges.
Years after trial, Dr. Wecht settled pleading without admitting
guilt with the county on other charges so that he could become a
public figure again. The county wanted him to be the coroner again
and this cloud of crap from the 80's was hurting the chances.
As for George Hollis. He plead guilty to a criminal charge and then
agreed to testify against Dr. Wecht in exchange for a plea bargain.
During Wecht's trial the prosecution refused to call George Hollis.
Having seen other bought witnesses such as the ones in the
Rottschaefer trial be proven to give perjurer testimony from deals
per the coercion of Ms. Buchanan's office staff on them, I
understand why they would not bring this SOB on the stand.
In the end, everyone agrees that there were minor billing errors on
over 7 million in revenue billings. These billing errors resulted
in $1,600 in misappropriated money. When brought to his attention,
Dr. Wecht was willing to pay for the costs as he had done in the
past. Dr. Wecht was not willing to plead guilty to a criminal act
of embarking on a conspiracy to defraud, because he did not.
Understand, public corruption cases are to involve quid for pro
payoffs and other such exchanges, not pennies for faxes.
What you also failed to find in your research was the real reason
for the case against Dr. Wecht. Cyril is an opinionated a-hole at
times. A few years back he was called in to investigate a
suspicious death at the hands of local police officers. Cyril ruled
the man was suffocated by th police and recommended homicide
charges. The local DA refused to go against the blue wall.
Realizing someone was killed and no one would be held accountable,
Cyril published his results. Cyril later testified against the
police officers and the county in a wrongful death suit by the
victims family. When the county lost the case, the DA vowed that he
would see Cyril destroyed for his involvement in the case. The DA
was friends with Buchanan and next thing you know, the paper starts
getting wind of this federal investigation.
Here are links to background on the Wecht case
http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A39852
http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A40439
|4.11.08 @ 6:45AM|#
Personally, I am angered by the cost to taxpayers for this
investigation and case. The US attorney tied up resources on this
case since 2004. The trial alone is estimated to cost $204,000 not
county the cost of the prosecutor and the investigators. Then there
is the issue of what cases were passed up due to the feds going
after the coroner's office use of a fax machine.
As a local tax payer, I am angered by the costs that I and others
now have to be billed with. As county coroner, Dr. Cyril Wecht took
a salary of only $60,000 annually. Now the new coroner is reported
to take a salary of $120,000 to $150,000. Cyril's staff at the
county office took reasonable salaries from the county since they
also did part time work on Cyril's payroll. Cyril's private
business usually handled some of the complex cases of the county
and overflow work for free that other counties would employ him for
(i.e. expert testimony, etc.). Now our county has to pay for these
services. The county also had to employ a new staff at the county
office since most people were only working there to be around Cyril
since he was a thoughtleader in the forensic field.
In the end, the county coroner's office is in shambles, does not
get the same work done as it did before, quality is not the same,
and it costs taxpayers more.
I'm glad we took care of the fax criminal.
|4.11.08 @ 6:57AM|#
The Pittsburgh Tribune Review ran an article this morning about
how the FBI are harassing the former jury in the first Wecht trial.
The article notes how many lawyers disagree with US Attorney Mary
Beth Buchanan's assertion that the FBI contacts of the jury are
routine.
Additionally, please note that the prosecution has already decided
to retry the case without polling the jury. There really is limited
reason they should be contacting the jury now since the retrial
decision was already made.
Also, please understand the judge in the Wecht case improperly told
the jury to refrain from talking about the case to anyone (even
though they lawfully could). I'm sure having the FBI contact them
would never intimidate a jury after the judge's statements to
them.
Here is the link to the article. It also notes that the majority of
the jury felt the case was political.
http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_561792.html
|4.11.08 @ 7:23AM|#
The fact that they decided to retry Wecht IMMEDIATELY, before even polling the jury, says a lot. The jury was deadlocked with a majority voting not guilty. I really don't see the prosecution finding a jury of 12 Pittsburghers all ready to convict Wecht. Also, we're just finding out this morning that the FBI called and questioned jurors about why they were deadlocked. Legal or not, the jurors told a local paper it was "intimidating." Most of Pittsburgh will hear that story today and probably have that in the back of their minds if they are unfortunate enough to be called to serve for a second trial.
VM|4.11.08 @ 7:46AM|#
"TallDave, you should do more thorough research, because you are
not fully aware of the issues of the case
ANYTHING"
værsgo
Taktix®|4.11.08 @ 8:16AM|#
Well, if Wecht could cover up the JFK assassination, he can cover this one pretty easily...
|4.11.08 @ 10:13AM|#
Perhaps the only solace that comes from a Democratic victory
in November(seems McCain is trying to throw it), is the likely fact
that payback for Mary Beth Buchanan will be a bitch.
Didn't she hold on to her job through one Democratic administration
already?
|4.11.08 @ 10:16AM|#
And what are the odds that either Obama or (especially) Hillary would fire a woman USA?
Charles Hueter|4.11.08 @ 10:17AM|#
A loss or even a hung jury is rare for a U.S. attorney.
Their conviction rate is over 95 percent.
Do they only bring slam-dunk cases or is the deck stacked against
defendants that badly?
TallDave|4.11.08 @ 10:39AM|#
James,
Sorry, I'm going to take the multi-sourced Wikipedia article over 2
friendly op-eds.
http://en.wikipedia.org/wiki/Cyril_Wecht
Read the entry. There are a dozen actual NEWS articles cited.
|4.11.08 @ 10:42AM|#
it probably has something to do with how much taxpayer money the Feds have at their disposal. I think that 95% reflects some screwing of the taxpayers.
TallDave|4.11.08 @ 10:54AM|#
I mean, really. Has a Democrat being prosecuted by a Republican
ever NOT claimed it was just about politics?
"Billing errors?" Bwahahahaha! Please. I live in Chicago. I've
heard this a thousand times before.
Wecht is a greedy publicity-hound who got caught with his hand in
the cookie jar.
|4.11.08 @ 11:03AM|#
Didn't she hold on to her job through one Democratic
administration already?
I suspect you might have confused her, as I did initially, with
Mary Jo White, who was a longtime, highly-respected career U.S.
Attorney in New York.
But TallDave is right - the fact that this is a Democrat
complaining is all you need to know to conclude that the case was
100% legit.
|4.11.08 @ 11:26AM|#
TallDave, perhaps you should doe further research than a
Wikipedia site. The articles I presented were not oped. They were
actual news coverage. You may also go to the Pittsburgh Channel's
continued coverage of the case or the Pittsburgh Tribune-Review's
continued coverage of the case.
I am from Pittsburgh and we here have all followed the case. The
case is nothing more than a bunch of bull.
As for your claims of Wecht getting rich off the county, Wecht had
his own private practice prior to, during the time he was coroner,
and today in which he gets 95% of his income from.
The issue that brought about the prosecution of Wecht was politics.
Wecht ruled a death a homicide at the hands of the police. This
action sparked a storm against Wecht for not going with the police.
As a result, an investigation started to bring Wecht down that
eventually led to this debacle.
I realize you don't know these facts and back stories because you
are not from the area. All I ask is that you read up on the case
from real news agencies opposed to Wikipedia prior to giving your
opinion.
First seek to be informed then seek to inform others.
|4.11.08 @ 11:32AM|#
Also, I read the wiki entry you sent me. From what is there, I do not see what you are getting at.
TallDave|4.11.08 @ 11:38AM|#
The articles I presented were not oped. They were actual
news coverage.
Perhaps you should reeasrch the difference between news and
analysis. Straight news articles do not look like this:
"Already, the case has provided more twists and turns than an
episode of The X-Files."
"Tacked to my cubicle wall is a letter the former Allegheny County
Coroner sent us back in 2001."
TallDave|4.11.08 @ 11:42AM|#
The issue that brought about the prosecution of Wecht was
politics. Wecht ruled a death a homicide at the hands of the
police. This action sparked a storm against Wecht for not going
with the police. As a result, an investigation started to bring
Wecht down that eventually led to this debacle.
No, he was prosecuted for a Hobbs violation, as he used his coroner
position to argue for a private practice case.
I realize you don't know these facts and back stories because
you are not from the area.
I realize you are politically sympathetic to Wright and can't tell
the difference between analysis and news, but you clearly have less
grasp of the facts than the Wikipedia article.
|4.11.08 @ 11:49AM|#
Wright?
Wright who?
The gentleman's name is Wecht. So, who were you thinking of,
TallDave?
Just as long as you're letting your partisan filter cloud your
perception of the case.
|4.11.08 @ 11:50AM|#
Oopsie, I forgot to write "not."
Funny how things like that happen. They can be quite
suggestive.
|4.11.08 @ 11:58AM|#
TallDave, it is unfortunate that you are letting your personal
biases cloud your judgment. The case of Dr. Wecht is
political.
The Hobbs Act is in place to prevent public servants from taking
bribes and kickback, not having ones secretary send 20 faxes over a
public fax machine.
Additionally, Dr. Cyril Wecht was not indicted for a Hobbs Act
violation at all.
I really wish you would read the entire coverage of the case in the
Pittsburgh Tribune Review, the Pittsburgh News Channel, the
Pittsburgh Post Gazette, and the Pittsburgh City Paper. All these
outlets covered the case from multiple angles and two ran a minute
by minute blog on the trial testimony.
Also, please stop attempting to argue that I do not know the facts
of the case. I have been following this case for three years and am
well versed in the nuances of the case. It is nice you can quote
Wikipedia, yet you fail to understand that Wikipedia is not a
relevant source at all.
|4.11.08 @ 12:09PM|#
TallDave, I am sorry that I sent the Pittsburgh City Paper
article to you since the reporter added some analagies in there.
What I should have sent to you was this link:
http://www.pittsburghlive.com/x/pittsburghtrib/news/specialreports/wecht/trial/
and this link
http://www.thepittsburghchannel.com/Wecht/index.html
There are about 100+ stories on the day by day case coverage. I
just felt it would be better to provide you a consolidated
viewpoint outlined in the Pittsburgh City Paper.
Well anyway, enjoy the read.
Oh, I noticed on the Wikipedia entry you provided to me, the Hobbs
act reference you noted is being taken from the Pittsburgh City
Paper article you have an issue with.
Oh well, I guess it is a bad reference only when it does not serve
your viewpoint.
Joyful Alternative|4.11.08 @ 7:03PM|#
To R. C. Dean:
With the inauguration of a new president, U.S. Attorneys, like
Cabinet secretaries, resign. They are all political appointees.
|4.12.08 @ 7:04AM|#
"When a medical examiner can't deposit official fees into his
personal account and emebezzle money to his friends via a ghost
payroll -- well, if that's wrong, I don't want to be right."
Ah, buddy, A JURY FOUND THE GUY INNOCENT OF THESE CHARGES. An
ALLEGATION OF A CRIMINAL ACTIVITY IS NOT IN ITSELF PROOF OF
GUILT.
Here is background on the case. In 1979, the county controller
informed Dr. Wecht that he owed the county $100,000 for using the
county morgue for his own private practice. Wecht countered and
said that he did not. Because of refusing to cooperate with the
controller and county, Wecht started a long drawn out battle with
the county that sparked into criminal charges being filed.
Of the multiple criminal charges brought against Wecht, all charges
were dismissed except one. A jury acquitted him of this remaining
charge. That means the jury found that the allegations were not
proven. Wecht not proven to be embezzling funds and no one accused
him of creating a ghost payroll. If he had created a ghost payroll,
the case would have ended with a different result.
After the criminal trial, the issue still stood that Wecht used
county resources. Since a jury decided Wecht did not have criminal
intent in the use of the resources, basically decided he did not
intend to embezzle funds, the issue remained that Wecht still had
to compensate the county for using county resources. In the
subsequent civil proceedings, Wecht continued to argue over the
amount he owed. A jury awarded the county an amount greater than
estimate $100,000 first put forth. Wecht and his lawyers disagreed,
so the appeals process began. In the end, the county settled out of
court with Wecht prior to the appeal being decided. Wecht paid the
county back $200,000 and admitted no guilt.
Many know the case in the area and feel that the issue was created
by Wecht and his staff's poor book keeping and Wecht's
unwillingness to back down from a fight.
When Wecht was voted back into the coroner's office, the concern
was raised about repeating this whole debacle again. Wecht and the
County worked it out that he needed to pay all county employees a
separate salary for any work they did. Wecht also kept an office
next door to the county office that was fully outfitted to handle
the private cases.
|4.13.08 @ 8:22AM|#
These links send you to a local paper op-ed as well as letters
to the editor on the case. It pretty much speaks to the predominant
sentiment in Pittsburgh about this one.
http://www.post-gazette.com/pg/08104/872531-149.stm
http://www.post-gazette.com/pg/08104/872530-35.stm
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