A Davis
County psychiatrist twice tried on criminal charges involving the deaths of five
elderly patients under his care filed a federal lawsuit Tuesday against what
appears to be every agency, and individual, involved in the case.
Robert Weitzel claims his due process rights were
violated by the state prosecutions, and a related federal prosecution, and that
prosecutors made "false and slanderous statements" to the press and
others.
The suit names 21 individuals and seven agencies
and governmental entities, including Davis County Attorney Mel Wilson, Utah
Attorney General Mark Shurtleff, U.S. Attorney for Utah Paul Warner, the Layton
City Police Department and the Utah Division of Occupational and Professional
Licensing.
The Davis County Attorney's Office and Utah
Attorney General's Office were unaware of the lawsuit Tuesday afternoon and
declined comment on the allegations.
Acting as his own attorney, Weitzel alleges that
prosecutors pursued murder charges against him in the deaths of five patients
who died under his care at Davis Hospital and Medical Center's
geriatric-psychiatric unit despite "full knowledge" that he was not
guilty of the crimes.
"Defendants were or should have
been aware of plaintiff's innocence, but persisted in pressing the charges of
murder," the lawsuit states.
Jurors in 2000 convicted Weitzel of two counts of
second-degree felony manslaughter and three counts of misdemeanor negligent
homicide. The verdicts were later overturned when a judge ruled prosecutors
withheld critical evidence.
Weitzel was tried again on the same charges and
was acquitted in November 2002.
According to Tuesday's lawsuit, the prosecution
resulted in the suspension of Weitzel's medical license and has left him unable
to work in his chosen profession. Weitzel seeks at least $75,000 in actual
damages, plus unspecified punitive damages.