Jurors in the Dr. Cyril H. Wecht trial told U.S. District Judge Arthur J. Schwab they were deadlocked, but the judge told them to keep deliberating anyway.

They did, for about 20 minutes, then the judge sent them home for the weekend. They will return Monday.

The jury sent a note at 1:40 p.m. to Judge Schwab that read, in part, "We agree that additional deliberations would not be helpful."

The judge then polled jurors individually, and all agreed they would be unable to reach a unanimous verdict on any of the 41 charges the former county coroner faces.

Nevertheless, Judge Schwab sent the jurors back to deliberate some more, telling them that he would set no time limits on their sessions.

The move flabbergasted Dr. Wecht's attorney, Jerry McDevitt, who had asked the judge to declare a mistrial if all the jurors said it was impossible for them to agree.

Earlier today, the 11 remaining jurors brought a third question to the court since deliberations began, this time asking whether they might be missing documents pertinent to one of the government's wire fraud charges.

Judge Schwab opted to give jurors the prosecution's verbatim suggested response over objections by the defense, telling jurors exactly where in the index of exhibits the documents could be found.

"I will give the jury the government's proposed response, but not indicating it's coming from the government, it's coming from the court," Judge Schwab said. "My reason for the ruling is it's clear from the text that they are unable to find an exhibit or exhibits bearing the date April 20, 2004, which is clearly in the record and clearly in the books that they have. They just can't find the document or documents."

Earlier, Judge Schwab told attorneys that he could make it hard or easy for the jury to sort through 10,000 pages of exhibits, and "I don't know why anyone would want to make it hard for the jury."

The question, which came in around 9:53 a.m., read: "We found material documents of facsimile of false expense reimbursement invoice dated May 20, 2004, but count 32 calls for faxes for April 20, 2004. Are there exhibits we may not have for April 20, 2004? (as charged in count #32)."

Dr. Wecht is charged with 41 counts of wire fraud, mail fraud and theft from an organization receiving federal funds. Prosecutors allege he used his status as Allegheny County coroner to enrich himself, and they have accused him of defrauding private clients of his autopsy and consultation business by falsely inflating airfares and fabricating invoices for limousine rides he never took.

Count 32 concerns a fax sent to a Santa Ana, Calif. law firm containing what the government said was a "false expense reimbursement invoice." Information about that transmission was entered into evidence on Feb. 21, the 13th day of the trial, which stretched over 22 days of testimony from 44 witnesses.

Mr. McDevitt argued that the answer to jury's basic question -- "Are there exhibits we may not have for April 20, 2004?" -- is "no."

"They don't say they can't find it," Mr. McDevitt said. "You're inferring that. You may be right."

"I don't see that there's any other logical conclusion," the judge responded.

Mr. McDevitt proposed sending the jury a response that said: "You have all the exhibits offered by the government in support of Count 32."

Judge Schwab thought about each side's responses for a moment and then asked for the government's handwritten suggestion. He said Mr. McDevitt did not have to turn in his suggestion, "since I can read and spell 'No.'"

"I didn't say, 'No,'" Mr. McDevitt said. "That wasn't our reponse."

Judge Schwab said he understood the defense's position.

"Why don't you write it out longhand so we can have it for the record," the judge said.

In the gallery, Dr. Wecht's wife, Sigrid, and former Pennsylvania Gov. and U.S. Attorney General, Dick Thornburgh, who is a member of Dr. Wecht's defense team, shook their heads.

Earlier in the day, federal prosecutors formally objected to Dr. Wecht's emergency request for Judge Schwab to temporarily halt jury deliberations and vacate an order dismissing an ailing juror.

The government argued that Judge Schwab's decision to excuse the juror on medical grounds at his request was proper under the Federal Rules of Criminal Procedure and supported by case law.

Judge Schwab yesterday dismissed Juror No. 1, a male prison chaplain, at his request after being taken to the hospital for tests Tuesday afternoon. The court said the juror has a "serious medical condition." The juror asked to be excused because of the stress of deliberations, and his doctor concurred.

The court has not ruled on Mr. McDevitt's motion.

More details in tomorrow's Pittsburgh Post-Gazette.