Weitzel Wants Davis To Pay
Aug 03, 2001
Weitzel wants Davis to pay his attorney fees
He claims prosecutors' "failure' to disclose all evidence allows
request
Fri, Aug 3, 2001 00:00:00
By NESREEN KHASHAN
Standard-Examiner Davis Bureau
FARMINGTON -- Citing a complete lack of funds and other special
circumstances, psychiatrist Dr. Robert Weitzel has petitioned the
court for prosecutors to pay for private attorney costs in his
upcoming criminal trial.
The motions filed Thursday by Weitzel's attorney, Walter Bugden,
asks 2nd District Judge Thomas Kay to require Davis County to pay
for both the doctor's private defense and expert witness fees.
Utah state law requires that defendants use public defenders
contracted through the state in cases when they cannot afford their
own representation. That law, however, stipulates that under
"extraordinary circumstances" a judge may compel the state to pay
for non-contracting legal aid such as Bugden.
In his motion, Bugden said Weitzel's case was unusually complex for
public defenders with already heavy caseloads to take on. He also
said the state was obliged to take on the case because of its
"failure to disclose exculpatory evidence at the first trial."
Bugden was referring to Kay's ruling in January that overturned
Weitzel's conviction last summer of two counts of manslaughter and
three counts of negligent homicide in connection with the deaths of
five of his patients. Kay cited the prosecutors' failure to disclose
an expert witness opinion to the defense as his reason for
nullifying the conviction. Weitzel spent more than $510,000 on
private attorney fees in that first trial.
"It's manifestly unfair for the state to benefit from its own
failure to reveal the exculpatory witness testimony in the first
trial. . .," Bugden said Thursday. "It's just unseemly for the
government to be able to grind someone to the ground and have them
expend all their savings, then force that person to go through a
second trial without an attorney of his choice."
Deputy county attorney Gary McKean, who handles such requests
through the office's civil division, said case law supports
Weitzel's motion to have the state pay for expert witnesses. In the
2000 Utah State Supreme Court case, the justices ruled that
prosecutors must pay for expert witnesses in cases when the
defendant is certifiably indigent, even if third parties have been
able to pay the costs for a private attorney.
However, prosecutors vowed to challenge the motion for the state to
pay for Weitzel's private defense, saying that public defenders can
handle the task themselves.
"We're not going to just roll over and play dead," said deputy
county attorney Steven Major. "Our office feels very confident in
our public defenders. They are some of the most competent defenders
in the state. This may be a complicated case, but not more
complicated than some of the homicide cases that have been handled."
Davis County currently contracts with five attorneys to provide
representation to criminal defendants, including juveniles. At least
one public defender is assigned a client charged with capital
murder.
Weitzel now faces lesser charges of two second-degree felony counts
of manslaughter and three counts of misdemeanor negligent homicide.
While the state originally pursued the more severe felony counts the
doctor was charged with, last month prosecutors unexpectedly
withdrew that motion one day before a double-jeopardy hearing was
scheduled. The hearing was held to determine whether Weitzel could
be tried on the same charges twice.
In an affidavit filed with Bugden's motions, Weitzel declared
himself indigent and stated that he has spent his remaining funds -
$15,000 - to defend his double-jeopardy plea. Weitzel said he has
sold all his liquid assets, including his home, car and furniture,
and that he is $103,700 in debt. On his personal Web site, on which
he has solicited private donations for his defense, Weitzel
estimates that his second trial will cost at least $100,000.
"I haven't been working because I've been employed all this time for
my lawyers and on my Web site, although I hope to start working
soon," Weitzel said Thursday from his Salt Lake City residence.
Weitzel has yet to declare bankruptcy but has indicated it is likely
imminent. Weitzel's pretrial conference for the state case is
scheduled in Farmington on Aug. 9.
Copyright ©2001, Ogden Publishing Corporation
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