Psychiatrist Robert Allen Weitzel woke up in a jail cell again Thursday, nearly two years after his release from prison.
This time, he's there on a one-year federal sentence for prescription drug fraud. Previously, he was behind bars on separate charges that he overmedicated and ultimately killed five elderly patients under his care.
Both cases involve morphine.
"This is a case of a doctor addicted to narcotics who was defrauding his patients and pharmacies to get it for himself. It's as simple as that," U.S. District Judge Dee Benson said in sentencing Weitzel Wednesday afternoon.
Weitzel, 46, pleaded guilty to two counts of prescription drug fraud in August 2001. In exchange, prosecutors dismissed 20 similar counts that said Weitzel intentionally falsified his patients' medical records in order to obtain prescription pain killers for himself.
In pleading guilty, Weitzel expected to spend no more than six months in a federal prison and believed probation was a likely alternative.
But, finding Weitzel had abused his position of trust and obstructed justice, Benson ordered him into custody immediately, despite a jury trial on his state charges scheduled to begin Oct. 30.
Defense attorney Glen Cella, who represents Weitzel in state court, said it is unlikely that trial will go forward as scheduled.
"I guess there's a possibility, a very small possibility, depending on where he is housed (that the trial might go forward)," he said. "But there are problems with federal prisoners and state charges, which I believe would preclude any trial while he is in federal custody."
Utah has no federal facilities, so Weitzel will be moved out of state, likely to a low-security prison in either Nevada or Arizona.
In court Wednesday, defense attorney Steven Killpack described Weitzel as a "humbled and broken man" who has turned his life around since his original misconduct in June 1995 and 1996.
"Dr. Weitzel acknowledged that he had a problem in '94," Killpack said. "He addressed that problem personally, before he ever knew that an official investigation had begun. He now has overcome that problem."
Weitzel has admitted to misconduct in the two incidents to which he pleaded guilty. However, he maintains the additional cases represent nothing more than clerical errors in which "no good record" was kept of leftover medication.
Prosecutors filed affidavits from former patients who, according to Weitzel's records, received multiple morphine or Demerol injections. However, the patients claimed they received only one or two injections, directly contradicting their medical records.
In one affidavit, a former patient said Weitzel administered only one morphine injection prior to August 1995. However, medical records indicate the patient received numerous injections after that time. The patient does not like needles, and therefore would remember any additional injections, the affidavit states.
Absent any evidence to the contrary, Benson said, "The only conclusion that seems logical to draw from that is the person who ordered this medication . . . kept it for himself."
Killpack asked for an evidentiary hearing to allow Weitzel to refute the patients' statements and present evidence of his own.
"The kinds of patients he treated were in very different categories. The patients themselves may not be the best source of history of what happened to them during their treatment," he said. "These people have serious credibility issues."
Arguing for probation, Killpack said Weitzel has lost his medical license, his home and his retirement savings since the filing of the state and federal charges.
"Taken as a whole, how much more punishment is necessary?" Killpack asked.
Unconvinced, Benson said Weitzel has "attempted to mislead this court in, obviously, not a very effective way. What I find most troubling is that . . . he is unwilling to show that kind of character."
In a brief statement to the court, Weitzel admitted to making some "huge mistakes." However, he, too, called into question the credibility of his former patients.
The sentence allows Weitzel's conduct to be included in his upcoming jury trial in Davis County. The conduct was not included in his first trial, in which jurors convicted Weitzel on two counts of felony manslaughter and three counts of misdemeanor negligent homicide.
Carolyn Buhman, daughter of alleged victim Lydia Smith, said she is pleased with Benson's decision.
"If the judge's words are used, it will be very convincing," Buhman said. "It will show he was using the drugs at the time of the deaths."
Weitzel's convictions were overturned after a trial court judge determined prosecutors failed to reveal a key expert witness whose testimony could have changed the outcome of the trial.
Weitzel was released after six months in prison and later recharged with the felony manslaughter and negligent homicide charges.
Contributing: Linda Thomson
E-mail: awelling@desnews.com