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Ex-funeral director's trial delayed when lawyer a no-show
Friday, January 25, 2008
Robert B. Winston Jr.

A former McKeesport funeral director is expected to plead guilty for a second time today to stashing boxes of stillborn babies and fetuses in his garage.

Robert B. Winston Jr., 63, appeared before Allegheny County Common Pleas Judge Jeffrey A. Manning yesterday on charges that 19 deceased infants born to maternity patients at Magee-Womens Hospital were mishandled in his care between 2000 and 2002. Officials found them, along with 300 fetuses, in labeled boxes in the garage of the former Newman-Winston Memorial Chapel on Jenny Lind Avenue.

Mr. Winston had a contract with Magee to deliver the bodies to a cremation facility in Ross.

In a previous plea deal he agreed to pay $8,910 in restitution for taking money but not fulfilling his part of the agreement; however, he later withdrew his guilty plea and was granted a trial.

The trial was delayed a day because one of the defendant's attorneys, James M. Ecker, did not show up for court yesterday morning.

Consequently, Judge Manning, who was noticeably perturbed by his absence, ordered Mr. Ecker to show why he should not be held in contempt.

"I've had more than enough of this Tweedledum-Tweedledee lawyering," the judge said, during one of several start-and-stop morning sessions on the case. He said he would issue a warrant for Mr. Ecker's arrest if he did not report to the courtroom by day's end.

Mr. Ecker, along with attorney John Elash, who is co-counsel, then appeared before Judge Manning at 12:30 p.m. yesterday. The pair had been awaiting a verdict in a homicide trial in Butler County.

Mr. Elash said they were preparing a plea deal with the prosecution on Mr. Winston's behalf.

The judge said he would withhold judgment on Mr. Ecker's contempt matter until the case is resolved.

Mr. Elash said he anticipated their client would plead guilty to one count of theft and eight counts of abuse of a corpse. That would mean Deputy District Attorney Janet Necessary might withdraw the 11 remaining counts of abuse of corpse.

At a hearing in June, Mr. Winston pleaded guilty to theft or withholding property and one count of abuse of a corpse, but at a sentencing in September his lawyers withdrew that plea.

Mr. Elash said if the new plea works out, the district attorney's office would agree to a sentence of probation.

Twelve families of the deceased fetuses and stillborn babies have civil claims pending against Mr. Winston and the hospital for violating their agreements to cremate the remains.

Gabrielle Banks can be reached at gbanks@post-gazette.com or 412-263-1370.
First published on January 25, 2008 at 12:00 am
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