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Wecht Wins Major Battle, But Not the War - Yet! - Printable Version

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Wecht Wins Major Battle, But Not the War - Yet! - Peter Lemkin - 16-05-2009

Evidence against Wecht dismissed. Note that the AP doesn't even mention JFK re: Wecht....just the important cases, like EP. NB - Wecht's JFK files [and all others] were confiscated. He should be getting them back soon now.

By DAN NEPHIN
Associated Press Writer

PITTSBURGH (AP) -- A federal judge on Thursday dismissed evidence gained from search warrants prosecutors used to build their fraud and theft case against celebrity pathologist Cyril Wecht, who has investigated the deaths of Elvis Presley and JonBenet Ramsey.

The ruling should effectively end the prosecution's effort to retry Wecht, whose previous trial ended in a hung jury, one of Wecht's attorneys said after the ruling was issued.

"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."

Wecht, of Pittsburgh, is accused of using his former Allegheny County Coroner's Office staff and resources to benefit his lucrative private practice, which also probed the suicide of Vince Foster, the deputy White House counsel under former President Bill Clinton and a longtime law firm partner of Hillary Clinton, among other cases.

Wecht, 78, also is accused of overbilling private clients for limousines and air fare and of ripping off prosecutors in surrounding counties for mileage fees when he appeared as an expert witness.

Acknowledging that the judge did not outright dismiss the case, Wecht said he had a "sense of temporary or partial relief."

Wecht's attorneys have maintained that the allegations are, at best, minor abuses, not federal crimes.

A spokeswoman for U.S. Attorney Mary Beth Buchanan said in a statement that the office would review the opinion and decide what to do.

McDevitt said he didn't think prosecutors had much of a chance of getting the ruling overturned on appeal.

"Now is the time to end this thing and let this man get on with his life," he said.

During a March video conference with U.S. District Judge Sean McLaughlin, McDevitt argued that warrants for Wecht's private office and a county employee's laptop weren't specific about what authorities were seeking and, therefore, should be declared invalid.

The prosecution acknowledged the office warrant might have been overly broad but said officers who conducted the search acted in good faith so the evidence should stand. The prosecution maintained the computer warrant was specific.

In his 55-page ruling, the judge agreed with Wecht's attorneys.

"... 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."

However, the judge refused to dismiss the case, which Wecht's attorneys also wanted.

Wecht resigned his government office when he was indicted in January 2006 on 84 counts of mail and wire fraud and theft charges. The government whittled that down to 41 counts for his first trial, and now just 14 counts remain.


Wecht Wins Major Battle, But Not the War - Yet! - Dawn Meredith - 16-05-2009

They got what they wanted, they ruined him financially. I used to see him as a guest commentator on legal forensic shows all the time, now almost never. And there are still 14 counts so unless the prosecutor- a new one- abandons it, he could still be retried. "Payback" at its worst. He's been a star for justice in the JFK assassination for decades, so Bush's lackeys wait til he's in his golden years to try to destroy him. Beyond despicible.

Dawn


Wecht Wins Major Battle, But Not the War - Yet! - Myra Bronstein - 16-05-2009

Peter Lemkin Wrote:Evidence against Wecht dismissed. Note that the AP doesn't even mention JFK re: Wecht....just the important cases, like EP. NB - Wecht's JFK files [and all others] were confiscated. He should be getting them back soon now.

...

Good observation Peter. The mainstream media is misleading as usual, in this case through ommision. Wecht is being harassed for his outspokenness on the unspeakable, for refusing to let the JFK murder go down the memory hole.

Well I hope the worst is over for him.


Wecht Wins Major Battle, But Not the War - Yet! - Peter Lemkin - 17-05-2009

Dawn Meredith Wrote:They got what they wanted, they ruined him financially. I used to see him as a guest commentator on legal forensic shows all the time, now almost never. And there are still 14 counts so unless the prosecutor- a new one- abandons it, he could still be retried. "Payback" at its worst. He's been a star for justice in the JFK assassination for decades, so Bush's lackeys wait til he's in his golden years to try to destroy him. Beyond despicible.

Dawn

Dawn is correct, even if [big IF] they drop the case now, much damage has been done! It was likely done under Bush, the dolt as daddy [Poppy] was in on the original hit. Another thing I don't see discussed in the press is what possible logic is there in confiscating files on the JFK assassination, Sabow assassination, etc. when they are accusing him of minor infractions of overcharges on taxi rides, airfare, fax charges, etc. of recent cases - none connected to this past high-profile and national security cases. The press just won't go there!