Deseret News, Wednesday, May 29, 2002
Weitzel ruled indigent
By Linda Thompson
Deseret News staff writer
FARMINGTON — Psychiatrist Robert
Weitzel, who is accused of killing five elderly patients, is indigent, can have
both a public defender paid by tax dollars and a private attorney paid by an
anonymous donor, and can receive "reasonable" financial help for
expert witnesses in his upcoming trial. Second District Judge Rodney Page ruled Tuesday that Weitzel, who has been
accused of killing patients with morphine overdoses, doesn't have the money to
assist in his own defense and deserves these services. Although it is unusual to have a public defender and a private defense
attorney on the same case, Page said the complexity of the medically intricate
case would merit having two attorneys to defend Weitzel, especially since Page
has already seen five prosecutors in the proceedings so far. "There is something special about this case," Page said. Weitzel previously was charged with five counts of murder, was convicted on
lesser counts and sentenced to prison. However, a judge granted him a new trial
after learning that prosecutors had withheld information about a medical expert
whose testimony could have altered the first trial's outcome. Weitzel was subsequently charged with three counts of negligent homicide, a
class A misdemeanor, and two counts of second-degree manslaughter. Deputy Davis County Attorney Gary McKean argued that since Weitzel has
received $100,000 from an anonymous donor for his defense that Weitzel should no
longer be qualified to get legal help from public defender Glen Cella. McKean
said Weitzel will be tried because there is probable cause that he committed the
alleged crimes. However, defense attorney Walter Bugden, who was paid by a foundation that
got the money for Weitzel's defense, argued that Weitzel had no control over the
money and is indeed without funds for a trial that promises to be lengthy and
complicated. Bugden said it's the state's fault that Weitzel has such unfortunate finances
because he spent everything to defend himself originally and now faces another
trial. Page cautioned Bugden to get written estimates for expert witnesses and other
costs and submit these to prosecutors. If the two sides don't agree on what is
reasonable, the court will decide.
© 2002 Deseret News Publishing Company