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| Weitzel
Sues Prosecutors, Alleging Evidence Hidden |
Thursday, August 15, 2002 |
Salt Lake City psychiatrist Robert Weitzel -- awaiting a second trial on charges that he caused the deaths of five elderly patients by overprescribing morphine -- filed a federal lawsuit Wednesday alleging prosecutors concealed a doctor's testimony that could have cleared him of the charges. Weitzel, who worked at the Davis Hospital and Medical Center in Layton, was convicted in 2000 of two counts of second-degree felony manslaughter and three class A misdemeanor counts of negligent homicide in connection with the deaths. In January 2001, 2nd District Judge Thomas Kay granted Weitzel a new trial after it was learned that Davis County Attorney Mel Wilson had not revealed favorable statements from University of Utah Hospital physician Perry Fine, who said the care given by Weitzel was "not criminal," according to the lawsuit, filed in U.S. District Court in Salt Lake City. The lawsuit also alleges prosecutors hid photographs of three of the victims, "which completely contradicted the [prosecution] theory of the case: that the alleged victims were in excellent health when they were hospitalized," according to the lawsuit. Wilson was unavailable for comment late Wednesday. The suit -- which includes members of the Davis County Attorney's Office, Layton police officers and Utah Attorney General Mark Shurtleff -- asks for $75,000 from each of the defendants. Weitzel, who is representing himself, demands a jury trial. Besides the homicide charges, Weitzel also is awaiting sentencing in U.S. District Court on two counts of prescription fraud. No date has been set. -- Michael Vigh |