LAYTON -- Prosecutors in the Robert Allen Weitzel murder case will not be able to argue the Salt Lake doctor used illegally obtained morphine when he allegedly killed five elderly patients under his care.
Weitzel is charged in connection with the deaths of five people under his care at the Davis Hospital and Medical Center in Layton. Prosecutors say that in December 1995 and January 1996, Weitzel administered or ordered lethal amounts of morphine that resulted in the patients' deaths. Weitzel denies all wrongdoing, asserting he was providing comfort care for geriatric patients.A Drug Enforcement Agency investigation culminated last September in 22 counts against Weitzel of fraudulently obtaining prescription medication, 138 milligrams of morphine.
Wednesday, Davis County Attorney Melvin Wilson argued the state should be allowed to present information gleaned in the DEA investigation in Weitzel's trial, inferring Weitzel used the drugs referenced in that investigation in the deaths.
But defense attorney Peter Stirba said there is no evidence linking the acts alleged in the DEA investigation with those of the murder investigation. Even if there are allegations that Weitzel had access to the morphine, Stirba argued there is no factual link between access to and administration of the drug.
"You need to have some evidence," Stirba said, "you need to have some rational inference. You can't just toss it out as a jury question and say 'you figure it out.' All of this is totally alleged. Nothing has been proven."
Second District Judge Thomas Kay agreed, denying the state's motion and excluding any further testimony or arguments relating to other investigations.
"The jury may infer that because he obtained morphine illegally, he's a bad person, and that since he's a bad person he must have killed these people," Kay said.
Stirba is expected to argue through testimony from state medical examiners that no traces of morphine were found in the bodies of four of the five alleged victims and that there are other explanations for the patients' deaths.
Wilson declined to comment on whether the evidence would have been important to the state's case.
Kay during Wednesday's hearing also ruled the state could not introduce witness testimony from DEA investigators, or information from other federal or state proceedings pending against Weitzel.
Weitzel's murder trial is scheduled to begin June 5.
E-mail: jnii@desnews.com