Psychiatrist Robert Weitzel fired back at the prosecutors who insist he fatally overdosed five of his patients by filing a lawsuit against them in federal court Wednesday.
Weitzel is alleging that prosecutors and others have violated his rights, made slanderous statements about him to the media and other medical professionals, damaged his reputation and hurt his ability to get expert and professional help for his plea of not guilty to new charges brought against him.
He is asking for $75,000 from each defendant along with attorney's fees, punitive damages and other costs.
The seven-page lawsuit alleges that Davis County prosecutors, members of the Utah Attorney General's Office, Layton city police and others conspired to prosecute him for murder starting in 2000 despite the fact they had heard from an expert, Dr. Perry Fine, that Weitzel's conduct regarding the five patients was not criminal and that the case should not be pursued.
Despite this knowledge, the lawsuit says, "trial of Dr. Weitzel on five counts of first-degree murder was falsely and maliciously prosecuted" and that "defendants were or should have been aware of plaintiff's lack of guilt, but persisted in the charges of murder."
Weitzel also charges that prosecutors and others "willfully and maliciously" left out three important pages from medical charts for the trial that included photographs of three patients upon admission to the Davis Hospital and Medical Center.
Weitzel's suit says the pictures "completely contradicted" a claim by prosecutors that the individuals were in excellent health when they were hospitalized.
Weitzel contends in his suit that prosecutors and others also conspired to hide the photos by claiming they were missing despite the fact that Weitzel characterizes them as "important evidence."
In his suit, Weitzel listed Layton City, Layton police, Davis County and 14 individuals by name. They are: Davis County District Attorney Melvin Wilson, Steve Major, Elizabeth Bowman, Charlene Barlow, Gary McKean, Joe Morrison, Gail Oliver, Del Mortensen, J. Craig Jackson, Irene Gayheart, former Utah Attorney General Jan Graham, Utah Attorney General Mark Shurtleff, Robert Johnson and Laura DuPaix, along with various Jane and John Does.
Davis County prosecutor Major said he could not comment on the suit itself because prosecutors haven't been served with court papers.
However, Major denied that anyone in the prosecutors' office has violated Weitzel's rights.
"We haven't done anything wrong," Major said. "I don't know what his allegations are. We're right in the middle of a trial (manslaughter and negligent homicide charges starting in October and November). I don't know how he can say we're violating his rights when we're re-trying him.
"As far as I know, there is absolutely nothing we've done to violate his civil rights in anything we've done in the case," Major said.
Weitzel was originally charged with five counts of first-degree murder in connection with the deaths of five patients under his care at the hospital's geriatric-psychiatric unit during a 16-day interval that started in December 1995.
He was convicted of lesser charges of two counts of felony manslaughter and three counts of misdemeanor negligent homicide, was sentenced to prison and spent six months there.
However, 2nd District Judge Thomas Kay overturned the verdict and granted a new trial when it came to light that prosecutors had not revealed expert witness Fine, whose testimony could have changed the first trial's outcome.
Weitzel has since been recharged with manslaughter and negligent homicide, and his lengthy trial is scheduled to start Oct. 30.
E-mail: lindat@desnews.com