Appeals Court Overrules Judge Again On Wecht Juror Identification

A three judge panel of the US Court of Appeals for the Third Circuit on Friday again overruled US District Judge Arthur Schwab in his machinations to keep the names of jurors secret in the public corruption trial of former Allegheny County Coroner Cyril Wecht. In January, ruling on an appeal by Wecht and news organizations, the Court ordered Schwab make the jurors’ names public before they were sworn in, but Schwab only allowed the seated jurors’ names to be read aloud once in court and later released a list of all prospective jurors without specifying which had been chosen.

In Friday’s ruling, the Court stated that juror identification is a “well-established part of American judicial tradition” and called Schwab’s reasons for disallowing it “conclusory and generic,” saying that his reasoning “would justify anonymity in virtually every jury trial, whether or not it attracts media attention.”

Wecht’s retrial is on hold pending appeal, and the same three judge panel will hear oral arguments today in that appeal. The primary issue is the defense motion for dismissal on grounds that a retrial would violate Wecht’s constitutional protection against double jeopardy (Pittsburgh Post-Gazette).