Feb 22, 2008 By Jennifer Harr 3 min read

When the federal civil rights trial in the death of a Uniontown boy picks up today, jurors are expected to hear from noted forensic pathologist Dr. Cyril H. Wecht. Wecht’s testimony – offered on behalf of the troopers being sued by Michael Ellerbe’s father – will constitute a break in his own trial.

Two floors above U.S. District Judge Joy Flowers Conti’s courtroom in the federal courthouse in Pittsburgh, Wecht, 76, of Squirrel Hill, is on trial for allegedly using his public office for private gain. Wecht is the former coroner for Allegheny County and runs a private forensic consultation business.

Wecht, who is charged with 41 counts of fraud and theft, also is accused of defrauding clients of his private consulting business.

His part in the Ellerbe case, however, predates the criminal charges filed against him in 2006.

Following Ellerbe’s death on Dec. 24, 2002, Fayette County Coroner Dr. Phillip E. Reilly sent the 12-year-old’s body to Wecht for autopsy. Wecht performs autopsies on Fayette County cases at Reilly’s request, and has for many years.

At a 2003 inquest into Ellerbe’s death, Wecht said that the boy was shot in the back and punctured his heart before existing his chest. He also is expected to testify about a wound to Ellerbe’s arm.

Attorneys for Michael Hickenbottom, Ellerbe’s father, have said that the wound to Ellerbe’s arm was indicative of more than one shot being fired at him by Trooper Samuel Nassan or Cpl. Juan Curry.

Andrew K. Fletcher, representing Nassan and Curry, said earlier this week that only one shot was fired at Ellerbe. Nassan fired that shot, and Fletcher maintained that he did so only because he believed Ellerbe shot Curry.

Police found Ellerbe in a stolen vehicle, and he fled from them on foot.

Less than 90 seconds later, Fletcher said that Curry’s gun snagged on a fence and accidentally fired. As Curry slid down the side of the fence, Nassan believed Curry had been shot, and shot Ellerbe.

Hickenbottom’s attorney, famed civil rights attorney Geoffrey Fieger of Michigan, has maintained that police had no right to shoot Ellerbe. He alleged their version of events has changed, and was contrived.

Today will mark the second full day of testimony.

On Wednesday, representatives from WPXI-TV in Pittsburgh filed a motion to intervene, asking for access to the audiotape played during Fletcher’s opening remarks.

Channel 11 reporter Alan Jennings asked for a copy of the tape during a break in the trial. His request was not denied, although he was told that the clerk was too busy to do it at that point.

The motion was resolved when the court provided a copy of the tape Wednesday evening. Portions were aired on the station’s 11 p.m. newscast.

The 10-second clip of the tape consists of Nassan calling into the barracks to ask for an ambulance after he shot Ellerbe.

“Call an ambulance. I shot him. Get an ambulance quick,” he said in the tape.