Davis County residents will foot the bill a second time in the upcoming trial of psychiatrist Robert Allen Weitzel, but not in the way Weitzel was hoping.
On Thursday, 2nd District Judge Thomas L. Kay denied Weitzel's motion to appoint Salt Lake attorney Walter Bugden Jr. at the taxpayer's expense. Kay instead appointed public defenders Glen Cella and William Albright, who already have a contract with the county.
Weitzel says he spent more than $500,000 on private attorney's fees at his first, six-week trial on charges he killed five elderly patients with overdoses of morphine. He hired Bugden after his first attorney, Peter Stirba, withdrew from the case to care for his terminally ill wife. Bugden has handled pretrial motions on Weitzel's behalf and was prepared to continue to represent Weitzel through his second trial.
In written briefs and again in court Thursday, Bugden argued it is "manifestly unfair" for state prosecutors to essentially bankrupt Weitzel at his first trial and then force him to defend himself a second time because of their mistakes.
Originally charged with five counts of first-degree murder, Weitzel was convicted on lesser counts of second-degree felony manslaughter and class A misdemeanor negligent homicide. He will be retried on the five lesser counts.
Kay sentenced Weitzel to up to 15 years in prison, but granted him a new trial after learning prosecutors allegedly failed to inform defense attorneys of a potential expert witness who may have benefitted their case.
Prosecutors maintain Weitzel systematically weakened the immune systems of patients under his care at the Davis Hospital and Medical Center's geriatric-psychiatric unit during a 16-day period in December 1995 and January 1996. The alleged victims are Ennis Alldredge, 85; Ellen Anderson, 91; Mary Crane, 72; Judith Larsen, 93; and Lydia Smith, 90.