Weitzel serves as law firm adviser

Davis attorney surprised by consultant job

Sat, July 6, 2002

By LORETTA PARK
Standard-Examiner Davis Bureau

Robert Allen Weitzel, a former psychiatrist who is accused of causing the deaths of five of his patients, has served as a medical consultant to one of the most notable law firms in the country.

Edward P. Moriarity, one of the partners of Spence, Moriarity & Schuster, said the Wyoming firm hired Weitzel to review medical records.

"He has done some consulting work on a limited basis," said Moriarity, who is also a member of the Utah State Bar Association.

That comes as a surprise to the Davis County Attorney's Office.

In May the 2nd District Court ruled that Weitzel was indigent, even though he had received an anonymous $100,000 donation funneled through the Bazelon Center, a non-profit legal center in Washington, D.C.

Those funds are being used to pay private attorney Walter Bugden. Weitzel's co-defense attorney is Glen Cella, a public defense attorney assigned to his case by the court. The state also must pay the costs of special investigators or expert witnesses.

Davis County deputy attorney Gary McKean, who through the office's civil division handles public defense matters, said Weitzel had provided several affidavits to the court stating he had no income or assets and could not afford to pay for an attorney.

"This raises some obvious questions. Like when did he start? How long has he worked for them? This is interesting," McKean said.

Whether or not Weitzel loses his indigent status, McKean said, depends on the type of work Weitzel does.

"If he consults occasionally, that's one thing. But if it's a regular ongoing basis, that's another thing," he said.

McKean said the court is entitled to know how much work Weitzel is doing.

Davis County Chief Deputy Attorney Bill McGuire said as far as he knew, Weitzel's only job was as a waiter in a Salt Lake area restaurant.

"If he is receiving additional income, that is substantial information we need, and clearly we don't have it," McGuire said.

Gerry Spence, who has worked on the defense of Randy Weaver and Imelda Marcos, is also a member of the Wyoming firm. Weitzel would not comment on how he came in contact with the firm and said he has not worked with Spence "for quite some time."

Weitzel is accused of manslaughter and negligent homicide in the deaths of five patients at Davis Hospital and Medical Center's geriatric-psychiatric unit during a 16-day span that began in December 1995. In 2000, a jury found Weitzel guilty of two counts of second-degree manslaughter and three misdemeanor counts of negligent homicide. That conviction was overturned in January 2001, when Judge Thomas Kay, later removed from the case, ruled that the prosecutors had withheld exculpatory evidence from the defense.

"This man has gone through pure hell," Moriarity said of Weitzel. "He's been through a difficult time. He fought for his life and was unjustly convicted."

Moriarity said the firm wanted to give Weitzel a chance.

"Here is a man waiting for a new trial, waiting for justice to be served. We believe in giving people an opportunity, and we like to help others," Moriarity said.

The firm pays Weitzel $15 an hour "which is way below standard," to review medical records of clients involved in job-related injuries, Moriarity said.

"He does not nor will not review any medical malpractice cases," Moriarity said.

The firm will not ask Weitzel to testify in a court on any of his findings, Moriarity said.