Fighting for his privilege to practice medicine and prescribe drugs in Utah and Texas is no longer Dr. Robert Weitzel's main concern.
The psychiatrist now faces the prospect of prison time for allegedly overmedicating five elderly patients who died in his care at a Davis County hospital. Five murder charges filed Tuesday by Davis County prosecutors culminate an investigation that led to the bodies of three of the alleged victims being exhumed.Weitzel, 43, was arrested Tuesday in Bay City, Texas, where officers there met his private plane as he landed. Weitzel, , who surrendered his California medical license in 1997, works at the senior care unit of Matagorda General Hospital in Bay City for a company that contracts with the hospital.
He was released from jail after posting $100,000 bail. A date has not been set for his first appearance in a Utah court.
Pending the resolution of the charges, officials at Matagorda have asked that Weitzel be placed on administrative leave and his privileges at the hospital be suspended.
Weitzel's attorney, Peter Stirba, said his client will eventually be vindicated once all the facts are known. He said it is unfortunate the case has turned into a criminal matter when Weitzel's medical judgment should be decided by a panel of physicians.
"This case is very serious and has implications that are important to the medical judgment that is used in alleviating the suffering and providing comfort during the dying process," Stirba said.
The five victims were housed in a geriatric psychiatric ward at Davis Hospital and Medical Center in Layton. Weitzel was the director of a geriatric-psychiatric unit run by Houston-based Horizons Mental Health Management Inc. at the hospital. Although the unit was in operation from Aug. 31, 1994, to Aug. 31, 1996, there were only six patients who died during that time frame, and all died during the 16 days when Weitzel was the staff psychiatrist, Layton Police Lt. Steve Brown said.
Weitzel's alleged victims were:
Ellen B. Anderson, 91, Brigham City, who died Dec. 30, 1995.
Judith V. Larsen, 93, Salt Lake City, who died Jan. 3, 1996.
Mary R. Crane, 72, Salt Lake City, who died Jan. 3, 1996.
Lydia M. Smith, 90, Centerville, who died Jan. 8, 1996.
Ennis Alldredge, 83, of Oak City, Millard County, who died Jan. 14, 1996.
A sixth person, Carl Rogers, 93, of Ogden, also died during that time frame. No charges have been filed against Weitzel in connection with that death, however.
"It was investigated, but there wasn't enough evidence to support a charge on that one," Brown said.
The hospital's geriatric psychiatric unit primarily treated dementia in elderly people, especially Alzheimer's disease. During his time there as staff psychiatrist, investigators believe, Weitzel gave his patients excessive amounts of morphine, a drug commonly used to relieve pain, not to treat Alzheimer's patients.
After obtaining a court order, investigators in June exhumed the bodies of Larsen, Crane and Alldredge. The state medical examiner's office conducted autopsies on the bodies, and the results of toxicology tests have been turned over to Davis County prosecutors.
"It was our determination that five of the six deaths were the direct result of the administration of the drug morphine, which was administered or caused to be administered by Dr. Weitzel," Davis County Attorney Melvin Wilson said in a prepared statement Wednesday.
Dr. Todd Grey, the state's medical examiner, would not discuss the specific test results but told the Associated Press it is possible to detect morphine in a long-dead body. However, he said, such autopsies are usually used to rule out other possible causes of death and lend weight to medical records and other evidence.
Brown said there are no plans to exhume the other three people who died at the clinic. He said prosecutors are basing most of their case on medical records and witness testimony.
Weitzel has battled state and federal officials for the past three years to keep his medical and prescription privileges . His practice in Utah is now limited to seeing about 35 patients one day a month at the Red Butte Clinic near the University of Utah, where he mainly manages the patients' medication.
Just last month, however, the Utah Division of Occupational and Professional Licensing suspended Weitzel's license after he refused to register for a psychiatric examination at a clinic in Kansas. The examination was ordered by the Physicians Licensing Board, which is investigating a petition filed by the division to have Weitzel's license revoked.
The action was spurred by the homicide allegations and allegations of illegal distribution of controlled substances, obtaining controlled substances by fraud and inappropriate behavior with patients.
Claiming the suspension order violated his right to due process, Weitzel filed a federal lawsuit against the state. U.S. District Judge Dale Kimball is expected to rule in early October on the state's motion to have the lawsuit dismissed.
The Drug Enforcement Administration has also filed a petition to revoke Weitzel's registration to prescribe drugs. Officials at the Texas hospital say Weitzel needs the registration to keep his job there.
In 1997, Weitzel surrendered his California medical license after he was accused of sexual misconduct with a patient. By October of 1998, he received a public reprimand in Texas and fined $3,500 for failing to disclose to officials there of the disciplinary action in California.
Stirba said many of the licensing questions may have to take a back seat until the criminal case is resolved.