Deseret News, Tuesday, August 13, 2002
New witnesses and evidence in Weitzel trial
Defense attorney not bothered by new information
By Linda
Thomson
Deseret News staff writer
FARMINGTON — New witnesses and
testimony not included in the first trial of psychiatrist Robert Weitzel will be
part of his upcoming trial in connection with the deaths of five patients whom
prosecutors allege Weitzel killed with morphine overdoses. However, defense attorney Walter Bugden said the new information doesn't
bother him at all. "We'll meet the evidence," he said Monday. In fact, Bugden said a ruling by 2nd District Judge Rodney Page granted most
of the defense motions. In a 15-page ruling, Page ruled inadmissible these things that the defense
had wanted to keep out of the new trial: testimony from a nurse who worked with
Weitzel and had said he had refused to order a test for blood in a patient's
stool; evidence that Weitzel did not follow hospital policy requiring two
doctors to declare a patient to be in a terminal state; and Weitzel's history of
prescribing morphine on the hospital unit where the deaths occurred. Page's ruling did include some information requested by prosecutors,
including the statements of Dr. Welby Jensen warning Weitzel about
overmedicating elderly patients, and testimony of nurses who said Weitzel would
not look carefully at patients during ski season and other times. During a hearing Monday, both sides heard from Page and worked out details
for the new trial that is scheduled to run for 22 days this fall. Weitzel originally was charged with five counts of first-degree murder
involving the deaths of five elderly patients at Davis Hospital and Medical
Center's geriatric-psychiatric unit during a 16-day period beginning in December
1995. A jury found him guilty of two counts of felony manslaughter and three counts
of misdemeanor negligent homicide, and Weitzel was sent to prison. But 2nd District Judge Thomas Kay overturned the conviction after it came to
light that prosecutors had not revealed a key expert witness, Dr. Perry Fine,
whose testimony could have changed the outcome of the trial. Weitzel was released from prison after spending six months there and was
re-charged by prosecutors with the felony manslaughter and negligent homicide
charges. Weitzel, who previously had been working as a waiter in a Salt Lake
restaurant, has taken a new job working for a law firm for $20 an hour reviewing
medical records. The court still regards Weitzel as indigent, which qualifies him for help
from a public defender, Glen Cella, as well as help from private attorney Walter
Bugden, whose fees are being paid by private donations to a nonprofit
organization.
© 2002 Deseret News Publishing Company