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Fired U.S. Attorney: Use of FBI to Contact Jurors "Smells of Intimidation"
Count former U.S. Attorney David Iglesias among those who are critical of prosecutors' use of FBI agents to contact jurors from the Pittsburgh trial of Dr. Cyril Wecht.
The contacts came after the judge declared a mistrial because the jury was hung. Jurors have since told reporters that most of them had wanted to acquit Wecht. Nevertheless, prosecutors immediately declared their intent to retry the case.
Iglesias, one of the nine U.S. attorneys fired in 2006 as part of the political purge, told me that he'd "never heard" of such a thing. "Using the FBI smells of intimidation. The [prosecutors] should have picked up the phone and called the jurors themselves. I would have not authorized the FBI to contact jurors in this manner."
The spokeswoman for U.S. Attorney Mary Beth Buchanan has said that using the FBI agents was "commonplace."
"If that's true," Iglesias said, "I would change the practice because it sends the wrong message to people."
Iglesias also said that the case -- which involves charges that Wecht, then Allegheny County's coroner, wrongly billed taxpayers for mileage and gas costs that were really related to his personal business, costs that his lawyers say amount to less than $2,000 -- sounds "penny-ante" to him. "The loss to the government is so small," he said, that he thought many local prosecutors, let alone federal prosecutors, would "turn it down for being de minimis."





Comments (33)
Testing maybe GSB 27 won't belive you about the FBI in this context is in effect being used as jury tampering intimidators - But surely GSB 27 will believe former USA David Iglesias that this is highly unusual use of the FBI and needs to be stopped. I for one would still like to know how the Special Agent in Charge really feels about this use of his Agency
April 14, 2008 4:49 PM | Reply | Permalink
Al,
As I stated before, I feel that this is intimidation plain and simple. I do not feel that this is intimidation on the command of the White House. I believe the decision to utilize the FBI in this manner was US Attorney Mary Beth Buchanan's.
I'm very glad that the TPM is picking up the story and running with it.
April 14, 2008 5:08 PM | Reply | Permalink
Al,
I just want to make this clear. I think that the decision to use the FBI is either the dumbest decision on record or one that was clearly meant to intimidate the potential jurors of the next trial and one that was meant to push the current jurors to give over as much info as possible on the deliberations of the previous jury.
While you and testing believe that the White House executed this decision, I for one do not. Mary Beth Buchanan is a very shrewd US Attorney that has walked the fine line with many of her indictments she has handed down and cases.
In this situation, I am sure that there is nothing in the FBI or US Attorney manual preventing using agents in this manner to interview a hung jury; because I do not think anyone in the DOJ would ever have thought such a move rationale. If there is such a covenant in the manuals, post it ASAP and lets push for the removal of this US Attorney. If not, an investigation is warranted to determine where the breakdowns occurred and who needs to be reprimanded/fired as a result of this actions.
In Pittsburgh, the viewpoint is that Ms. Buchanan wanted the feather in her cap of the Wecht conviction. In previous situations, Democrats under her fire have plead out instead of rolling the dice with a federal trial/jury. Wecht was the exception that took her to court and he held her at bay.
The case appears now to be vindictive in nature and well past the point of apparently being political. I think the root cause is Ms. Buchanan. You and Testing think it is the White House. While I don't agree with your viewpoints, I do not necessarily mind them since any investigation into White House involvement would first have to go through Ms. Buchanan's involvement.
April 14, 2008 6:00 PM | Reply | Permalink
This dosn't "smack of intimidation" at all. This is intimidation pure and simple.
AF
Andrew Sullivan Is A Fraud
April 14, 2008 5:01 PM | Reply | Permalink
A scathing editorial today from the Pittsburgh Tribune-Review on "The real theft & fraud."
It is well worth the read.
April 14, 2008 5:20 PM | Reply | Permalink
Agreed. You should look up the letters to the editor on the Pittsburgh Post Gazette for the past week and their op-eds as well. They are usually provide favorable coverage to Buchanan, but in this case they have gone on the offensive for this blatant waste of taxpayers money.
April 14, 2008 5:24 PM | Reply | Permalink
http://www.post-gazette.com/pg/08105/873236-100.stm
April 14, 2008 8:35 PM | Reply | Permalink
Paul Kiel,
Excellent scoop. I am glad that you took time to interview another US Attorney to shed light on how the actions of Ms. Buchanan appear to be out of line. If you could, you should interview McDevitt, Thornburgh, and Tom Farrell of Pittsburgh on the tactics of Ms. Buchanan. The Wecht case is one of many very controversial cases.
It would be really interesting to hear Iglesias take on the political investigations and prosecutions that Buchanan and her office have undertaken.
You should also review the case against Sheriff Pete DeFazio. He accepted a plea to macing when Buchanan's office threatened his pension. Afterwards, DeFazio told reporters that he was forced to resign by the US Attorney and that he felt he could not afford to fight to clear his name due to the costs.
April 14, 2008 5:22 PM | Reply | Permalink
I'd like to hear Buchanan name a few of those trials in which jurors were afterwards contacted by the FBI. Or, better yet, ask the the FBI itself to respond to that question. How many times has it happened within, say, the past 25 years? What criteria is involved in green lighting the "interviews"? Who, exactly, is authorized to make such a request? And who, exactly, is authorized to approve it? How do agents approach the jurors? Do they make clear the jurors are under no obligation whatsoever to respond? What percentage of those jurors contacted within the pqast 25 years have refused to cooperate?
April 14, 2008 5:50 PM | Reply | Permalink
I would like to hear why Buchanan felt compelled to spend $10 million on a four year investigation into $1,800 of faxes and mail. So everyone knows, the defense in this case rested without entering a single piece of evidence or having one witness testify. Also, the conviction % of a federal charge is 95%. To have a hung jury on a handful let alone all charges in this situation demonstrates how lack luster the government's case was. Who greenlighted this debacle?
April 14, 2008 6:04 PM | Reply | Permalink
I'm less interested in how many times did this happened in the last 25 years. I wanna know how many times this has happened in the last 87 months.
-AF
Andrew Sullivan Is A Fraud
April 14, 2008 5:55 PM | Reply | Permalink
So just how threatened does the jury feel?
Puts a whole new meaning on the term "hung jury."
After the visit fromthe FBI, they're the ones who are afraid of getting lynched.
One more layer of lawlessness.
April 14, 2008 6:52 PM | Reply | Permalink
"I'm less interested in how many times did this happened in the last 25 years. I wanna know how many times this has happened in the last 87 months".
Righto. How about statistics on a year to year basis, extending back to 1980?
Too, am I mistaken in thinking that Federal Marshall's are the go-to agency where judicial improprieties are suspected? Such as jury tampering, perjury accusations, etc?
April 14, 2008 7:02 PM | Reply | Permalink
What Buchanan's office has released and the jurors have confirmed is that the DOJ appears only to be interested in the jurors views on the case. It appears they are attempting to see where they (the prosecution) was unable to prove the case the first time around. Basically, the prosecution wants to understand the issue for the deadlock.
For some reason, the prosecution still thinks there is a case here, yet the public sentiment (expressed in letters to the editor and op-eds) is that the case is a waste of time, effort, and money.
To date, no one has argued perjury or jury tampering, but knowing the circus that is this case, it is a matter of time.
April 14, 2008 8:31 PM | Reply | Permalink
No matter who is elected "president" I think David Iglesias should be appointed as the next DOJ AG.
This man is sharp as hell and has a sense of morals and ethics.
April 14, 2008 7:35 PM | Reply | Permalink
Personally, I am more for John Edwards as Attorney General.
April 14, 2008 8:03 PM | Reply | Permalink
http://www.post-gazette.com/pg/08105/873236-100.stm
Here is a link to an article that ran this afternoon in the Pittsburgh Post Gazette. While previously I was under the impression that the proceedings were similar to a normal judicial proceeding, it appears the judge made a ruling that barred the recording of jurors' names on the record. The judge made this ruling after he failed to seat an anonymous jury.
With this revelation, it appears the issue is not only why the FBI was utilized to handle these interviews, it also now is how did the FBI get the names of the jurors if such information was stricken from the court record per the judge's ruling at the start of the trial.
Has anyone seen such a thing before? Would such a violation result in disciplinary action against the prosecution if they are connected to the mishandling of this information?
April 14, 2008 8:45 PM | Reply | Permalink
Paul Kiel, you should contact McDevitt, Rush, and Thornburgh about this case.
April 14, 2008 9:27 PM | Reply | Permalink
Is there anywhere that Bush's sticky fingers have not reached? Christ, whoever gets in come January is going to spend the first 4 years just airing out the place.
April 14, 2008 11:01 PM | Reply | Permalink
Heh, no case is too small. Someone I know lied to fema and was sent $2,000. He returned it three days later. Then a month later the FBI got involved and yeah, they said it was petty, but I guess they have to send the message that, even if someone looks like they are stealing that they will get charges. He learned his lesson, to never lie on the phone. He is lucky to not be rotting in prison for lying on a phone call. The US Govt, does not play around. Never mess with them or lie to anyone in govt on the phone. He was facing 15 years hard time, and luckily got probation. There is no such thing as penny-ante or de minimis. Remember the govt was not out of one red cent, still took him down hard. Never mess with the Govt, even the hint or appearance of financial inpropriety or fruad will be fully prosectued to the fullest extent possible. Be very afraid, they don't play ever. To be a prosecutor you need to have killer instincts and can never be soft, sounds like this prosecutor was a little soft, and not willing to fight harshly enough. A good prosecutor goes for the throat and is relentless and has no mercy and has no sympathy or humanity, they are in it for the hard, fast win, and so what if they bend a few rules to get thier prosecution. Didn't the person being prosecuted bend a couple rules, so its all fair in legal warfare.
April 14, 2008 11:06 PM | Reply | Permalink
Tidal,
Dr. Wecht, the individual who was prosecuted, has yet to be convicted of anything, so to say he broke the rules is a stretch right now. The key issue in the case is motive. If Dr. Wecht deliberately oversaw the execution of these actions (which were sending personal faxes on a county fax machine and sending packages through the county), he is guilty of fraud. If Dr. Wecht was not deliberately involved in the management/execution of these acts, he maay be at most guilty of commingling of funds which is civil matter (not a criminal action).
If you look through the press coverage that summarized the testimonies presented, the prosecution witnesses never said Dr. Wecht ordered them to use county resources. In fact, it was clear that when Dr. Wecht would find out about county resources being used he would reimburse the costs ASAP.
What the prosecution showed to the jury was that Dr. Wecht haggled over a parking ticket, that his secretary billed private clients off of estimates of airfare from the airline (not the actual costs) and she did not reconcile the bid, and that in his power as county coroner, Wecht provided the unclaimed cadavers left at the county to local colleges for use prior to incineration. Yeah, some of these moves are controversial, but they are not fraud.
I agree with Al that if they same type of response to Dr. Wecht was taken against KBR, Halliburton, etc., things would be different in the world today.
April 15, 2008 6:19 AM | Reply | Permalink
Tidal ,
Would but we could apply the same relentless Buchanonesque prosecutorial style to the KBR 's of the iRAQI Debacle that have robbed we taxpayers of millions if not billions dollars in non delivered and or overpriced goods & services !
My hunch when & IF THESE Corporate Criminals are tried there will be no hung jury !!!
April 15, 2008 4:45 AM | Reply | Permalink
Of course Buchanan was guided by the White House. That doesn't mean Little Georgie himself. This was pure Unkle Karl. Politicization of law enforcement and prosecution for the sake of the Permanant Republican Majority, aka the New 1000 Year Reich.
Yes, this needs much more investigation.
ITMFA
April 15, 2008 12:05 PM | Reply | Permalink
Jim,
I think the first move should be to dismiss the case against Wecht. The investigation and trial cost taxpayers over $10 million from the estimates that are out there. That is $10 million to go after faxes. Why should the people of Pittsburgh be burdened with additional costs? It is not like Wecht really fought the case. He entered no evidence and no witnesses. He rested without putting up a defense except for his lawyers cross examining the prosecution witnesses.
April 15, 2008 1:58 PM | Reply | Permalink
To deploy FBI agents with badges......THE DOJ GUIDELINES for all FED INVESTIGATIONS require some sort of review of "applicable fed laws violated or about to be violated".
So...uh...WHY HAVE NOT THE ATTORNEYS FOR THE DEFENDANT, REVIEWED THESE GUIDELINES THAT APPLY TO PROSECUTORS AND FBI....SO THAT THEY CAN SIGN AN FBI OPR AND DOJ OPR COMPLAINT?
The cops at the fed, state, and local levels...do not get sued enough, resulting in a very "arrogant sloppy subjective view" of their law enforcement perogatives.
If you read FRANK DONNER'S BOOKS ("The Age of Surveillance" and "Protectors of Priviledge") you'll find alot of historical precedent for cops crossing the line in pursuit of their own self serving inflated importance in society to the point that FASCISM AND POLITICAL POLICE WORK is par for the course.
April 15, 2008 3:59 PM | Reply | Permalink
The Attorneys for Wecht have filed a motion today that may address some of your concerns. Here is a link to the article.
http://www.post-gazette.com/pg/08106/873331-85.stm
April 15, 2008 5:15 PM | Reply | Permalink
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April 15, 2008 4:02 PM | Reply | Permalink
Radley Balko of TheAgitator and Reason picked up this story as well and he highlights another controversial (and corrupt) prosecution by Buchanan. The case he highlights is that of US vs. Dr. Bernard Rottschaefer. On a quick glance, Dr. Rottschaefer looks really bad, yet when you look at the details that were discovered after trial, it is clear Mary Beth Buchanan utilized her ability to provide plea deals to criminals to pay for perjured testimony.
April 15, 2008 9:39 PM | Reply | Permalink
Here is the link to Balko's article:
http://www.theagitator.com/2008/04/15/mary-beths-buggin-ctd/#comment-86643
April 15, 2008 9:40 PM | Reply | Permalink
Here is the links to the Rottschaefer case:
http://query.nytimes.com/gst/fullpage.html?res=9D0DE2D8133FF937A15752C0A9609C8B63
http://www.reason.com/news/show/122263.html
April 15, 2008 9:40 PM | Reply | Permalink
Update on Wecht Case:
The feds now are alluding in motions that they may attempt to get an out of town jury for the next trial. The feds are arguing that the media exposure on the case is why they feel compelled to make such a request. Could this outcome been what the prosecution was working towards all along with the publicized use of the FBI?
http://www.post-gazette.com/pg/08106/873524-100.stm
April 15, 2008 9:43 PM | Reply | Permalink
MAJOR UPDATE ON THE CASE. TPM SHOULD POST AND GET IGLESIAS FEEDBACK AS WELL AS OTHERS.
In an unprecedented move, 33 prominent local leaders in Pittsburgh wrote to Mukasey to ask that the charges against Dr. Wecht be dropped. There are two issues of importance here.
First, the leaders chose to bypass Buchanan and go directly to her boss.
Second, politicians and former US attorneys do not do this action. Many politicians refrain from ever getting involved in cases because it stinks of political influence from one branch of government onto another (the judiciary).
April 16, 2008 12:17 PM | Reply | Permalink
Links to articles on letter:
http://www.pennlive.com/newsflash/index.ssf?/base/news-61/120836155088440.xml&storylist=penn
http://www.wpxi.com/news/15898863/detail.html
April 16, 2008 12:18 PM | Reply | Permalink