Psychiatrist accused of drug deaths files suit
Fri, Aug 16, 2002
In the lawsuit filed Wednesday, Weitzel alleges prosecutors and others
violated his rights, made slanderous statements about him and damaged his
reputation. He also claims the officials hurt his ability to get expert and
professional help to support his innocent plea to the charges against him.
He is asking for $75,000 from each defendant along with attorney's fees,
punitive damages and other costs.
The lawsuit names Davis County prosecutors, members of the Utah Attorney
General's Office, Layton city police and others as conspiring against him. The
suit claims their plan continued despite the fact they had heard from an expert,
Dr. Perry Fine, that Weitzels' treatment of the five patients was not criminal
and that the case should not be pursued.
The lawsuit says Weitzel was falsely and maliciously prosecuted on five
counts of first-degree murder and that prosecutors knew he was innocent but
pursued the case anyway.
"This is not going to do anything to our case," said Deputy Davis
County Attorney Steve Major. "It will not have any effect on the trial
date. This is a desperate act by a desperate man."
Weitzel was originally charged with five counts of first-degree murder in
connection with the deaths of five patients under his care at Davis Hospital and
Medical Center's geriatric-psychiatric unit.
He was convicted of lesser charges of two counts of felony manslaughter and
three counts of misdemeanor negligent homicide, was sentenced to prison and
spent six months there.
However, 2nd District Judge Thomas Kay overturned the verdict and granted a
new trial because prosecutors had not revealed expert witness Fine, whose
testimony could have changed the first trial's outcome.
Weitzel has since been recharged with manslaughter and negligent homicide,
and his trial is scheduled for Oct. 30.
Standard-Examiner staff and wire services
Copyright ©2002, Ogden Publishing Corporation