Psychiatrist Robert Allen Weitzel has resolved his federal case of prescription-drug fraud. Meantime, however, the status of his state homicide case remains up in the air.
Weitzel pleaded guilty to two counts of a 22-count indictment Friday morning before U.S. District Judge David Winder.
The two charges stem from June 1995 and June 1996 incidents in which Weitzel prescribed morphine and Demoral to two patients, and only administered about half the prescribed doses.
Prosecutors contend Weitzel kept the remaining drugs for his own use; Weitzel maintains the cases simply represent a clerical error in which "no good record" was kept of leftovers.
"This is not only a clerical error," Assistant U.S. Attorney Stewart Walz said. "We have some evidence that he was using controlled substances."
Weitzel left the courthouse Friday without speaking with reporters.
The U.S. Attorney's Office has identified 76 separate incidents when Weitzel wrote prescriptions in excess of what was needed or without administering any of the drugs prescribed, Walz said. Evidence also exists he often prescribed controlled substances without ever seeing the patient, he said.
Walz will use those aggravating factors to argue that Weitzel be sentenced to more than the federal guideline of zero to six months in prison.
Pending allegations, which say Weitzel killed five elderly patients under his care with overdoses of morphine, will not be considered at his Nov. 26 sentencing in the federal case, Walz said.
During a Thursday afternoon hearing on those charges, 2nd District Judge Thomas L. Kay denied a request that Weitzel's upcoming jury trial be delayed while a higher court decides whether Kay is fit to remain on the case.
Davis County Attorney Melvin Wilson previously failed to eliminate the judge, who last year presided over Weitzel's first trial, from the case. Wilson contends Kay, on numerous occasions throughout the six-week trial, demonstrated clear bias toward Weitzel and his defense team.
Kay refused to recuse himself, and Weber County Judge W. Brent West subsequently denied the motion.
Wilson on Thursday said he intends to appeal West's decision to the Utah Court of Appeals by Sept. 5.
Defense attorney Walter Bugden Jr. argued against any delay, maintaining Weitzel is entitled to — and wants — a speedy trial.
"There isn't any basis for a stay," Bugden said. "We ask that we move forward and the case moves forward."
Also on Thursday, Kay set a Sept. 6 hearing for oral arguments on Bugden's request that Davis County be required to pay for both Weitzel's private defense and his expert witness fees. Bugden has also asked that he, rather than a public defender, be appointed as Weitzel's attorney.
The state should foot the bill for Weitzel's second trial, Bugden argues, because of its "failure to disclose exculpatory evidence at the first trial."
In January, Kay overturned Weitzel's original convictions of felony manslaughter and misdemeanor negligent homicide charges when he determined prosecutors failed to notify defense attorneys of an expert who might have testified on the defense's behalf.
"It's simply unfair for the state to grind a defendant into the ground . . . to put a defendant in a position where they expend all their resources at a first trial," Bugden said.
Weitzel maintains he spent more than $500,000 on private attorney's fees at his first trial.
The alleged victims are Ennis Alldredge, 85; Ellen Anderson, 91; Mary Crane, 72; Judith Larsen, 93; and Lydia Smith, 90.
E-MAIL: awelling@desnews.com