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Judge Orders Year Long Delay In Nevada Hep C Criminal Trial
By Jeff German
District Judge Donald Mosley on Monday ordered a yearlong delay in the trial of Dr. Dipak Desai and two nurse anesthetists charged in the 2007 hepatitis C outbreak.
The trial was set to take place on March 14 for nurses Keith Mathahs and Ronald Lakeman without Desai, who has been found incompetent to assist his lawyers.
But Mosley continued the trial until March 12, 2012, after hearing that prosecutors and defense lawyers still have to review hundreds of thousands of pages of documents provided by the Southern Nevada Health District stemming from its investigation into the outbreak.
“It sounds like a long time,” said defense lawyer Michael Cristalli, who sought the delay on behalf of Mathahs. “But in the overall scheme of things, in light of the type of information we’re dealing with, this is not your normal, routine criminal case. It is essentially a medical malpractice case that has been criminalized. Medical malpractice cases generally take three years to get to trial, and sometimes five years.”
Cristalli said prosecutors have turned over more than 1 million documents to the defense since a grand jury indicted Desai and the two nurses last June in one of Southern Nevada’s worst medical calamities.
Read the rest of the story at LAS VEGAS REVIEW-JOURNAL
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