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Wecht Retrial Delayed By Federal Appeals Court

POSTED: 5:40 pm EDT May 8, 2008
UPDATED: 6:32 pm EDT May 8, 2008

Jury selection in the retrial of Dr. Cyril Wecht was set to begin on Monday, but that was delayed Thursday after a federal appeals court in Philadelphia issued a stay.

The three-judge panel agreed to postpone the trial to consider an appeal that was filed by Wecht's attorneys.

They contend that a second trial would amount to double jeopardy, violating Wecht's constitutional right not to be tried twice for the same offense.

They also contend that U.S. District Judge Arthur Schwab improperly dismissed the deadlocked jury.

That jury listened to nearly two months of testimony and then deliberated for three weeks, failing to reach a verdict on any of the 41 counts against Wecht.

Immediately after Schwab declared a mistrial last month, prosecutors said they would retry Wecht.

Wecht told Channel 11 News he is pleased that the 3rd Circuit Court plans to review the case.

Prosecutors did not want to comment.



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