Deseret News, Thursday, August 15, 2002
Weitzel files federal lawsuit against Davis prosecutors
By Linda
Thomson
Deseret News staff writer
Psychiatrist Robert Weitzel fired back
at the prosecutors who insist he fatally overdosed five of his patients by
filing a lawsuit against them in
federal court Wednesday. Weitzel is alleging that prosecutors and others have violated his rights,
made slanderous statements about him to the media and other medical
professionals, damaged his reputation and hurt his ability to get expert and
professional help for his plea of not guilty to new charges brought against him. He is asking for $75,000 from each defendant along with attorney's fees,
punitive damages and other costs. The seven-page lawsuit alleges that Davis County prosecutors, members of the
Utah Attorney General's Office, Layton city police and others conspired to
prosecute him for murder starting in 2000 despite the fact they had heard from
an expert, Dr. Perry Fine, that
Weitzel's conduct regarding the five patients was not criminal and that the case
should not be pursued. Despite this knowledge, the lawsuit says, "trial of Dr. Weitzel on five
counts of first-degree murder was falsely and maliciously prosecuted" and
that "defendants were or should have been aware of plaintiff's lack of
guilt, but persisted in the charges of murder." Weitzel also charges that prosecutors and others "willfully and
maliciously" left out three important pages from medical charts for the
trial that included photographs
of three patients upon admission to the Davis Hospital and Medical Center. Weitzel's suit says the pictures "completely contradicted" a claim
by prosecutors that the individuals were in excellent health when they were
hospitalized. Weitzel contends in his suit that prosecutors and others also conspired to
hide the photos by claiming they were missing despite the fact that Weitzel
characterizes them as "important evidence." In his suit, Weitzel listed Layton City, Layton police, Davis County and 14
individuals by name. They are: Davis County District Attorney Melvin Wilson,
Steve Major, Elizabeth Bowman, Charlene Barlow, Gary McKean, Joe Morrison, Gail
Oliver, Del Mortensen, J. Craig Jackson, Irene Gayheart, former Utah Attorney
General Jan Graham, Utah Attorney General Mark Shurtleff, Robert Johnson and
Laura DuPaix, along with various Jane and John Does. Davis County prosecutor Major said he could not comment on the suit itself
because prosecutors haven't been served with court papers. However, Major denied that anyone in the prosecutors' office has violated
Weitzel's rights. "We haven't done anything wrong," Major said. "I don't know
what his allegations are. We're right in the middle of a trial (manslaughter and
negligent homicide charges starting in October and November). I don't know how
he can say we're violating his rights when we're re-trying him. "As far as I know, there is absolutely nothing we've done to violate his
civil rights in anything we've done in the case," Major said. Weitzel was originally charged with five counts of first-degree murder in
connection with the deaths of five patients under his care at the hospital's
geriatric-psychiatric unit during a 16-day interval that started in December
1995. 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 when it came to light that 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 lengthy trial is scheduled to start Oct. 30.
© 2002 Deseret News Publishing Company