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Nevada Supreme Court denies Desai request for full-blown hearing
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Dipak Desai
Challenging state medical experts who say he can go to trial on criminal charges
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LAS VEGAS REVIEW-JOURNAL
The Nevada Supreme Court this week denied a bid from Dr. Dipak Desai's lawyers for a full-blown hearing to determine his competency to stand trial on criminal charges tied to the hepatitis C outbreak.
"Having considered the petition and the state's answer on behalf of respondents, we conclude that our intervention is not warranted," the high court said in a two-page order.
The ruling sets the stage for a limited competency hearing to take place before District Judge Kathleen Delaney on Friday.
The Supreme Court also denied a request from Desai's lead lawyer, Richard Wright, to stay the hearing.
Wright declined to comment Wednesday.
But Chief Deputy District Attorney Mike Staudaher, who is prosecuting the case, said, "We're prepared to go forward with the hearing."
A spokeswoman for the judge said the hearing, as of Wednesday, was set to go.
Wright filed a brief with the Supreme Court earlier this month seeking to overturn Delaney's decision restricting the number of witnesses he could call at the hearing.
Wright is challenging state medical experts who found Desai competent to face the criminal charges.
"The defense will not be able to fully explore the petitioner's current mental status unless a full and fair hearing is held," Wright told the Supreme Court in a brief.
Delaney ruled that Wright can only call one medical expert to testify about Desai's condition since leaving Lake's Crossing, the state's secure mental health facility in Sparks. Desai was under observation there for six months between March and September. In its order, the Supreme Court concluded that Delaney had not abused her discretion in limiting the witnesses at the hearing and did not act in an "arbitrary or capricious manner," as Wright had argued in his brief.
The parameters Delaney outlined for the hearing also are consistent with Nevada law on this issue, the high court said.
Prosecutors argued that state competency laws don't allow for witnesses other than the Lake's Crossing experts who examined Desai.
Delaying the hearing threatened to make it more difficult to meet Desai's March 12 trial date.
Desai, 61, and two of his nurse anesthetists, Keith Mathahs and Ronald Lakeman, are facing felony charges, including racketeering, insurance fraud and neglect of patients.
The charges revolve around seven people who authorities say were infected with the potentially deadly hepatitis C virus at Desai's clinics in 2007. Health officials disclosed the outbreak in early 2008.
District Judge Donald Mosley, who is overseeing the complex criminal case, which was filed more than 18 months ago, has made it known he is retiring. But according to a court spokeswoman, he has not set a retirement date yet, making it unclear whether he will be on the bench to preside over the trial.
Contact reporter Jeff German at jgerman@reviewjournal.com or 702-380-8135.
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I hope Bubba will give this cockroach a colonoscopy and give him Hepatitis C. See how the hell he likes it. Just look at the picture of this cockroach above. He is a real cockroach. This cockroach should be squished, exterminated and wiped out of the face of the earth. BURN IN HELL, YOU SICK COCKROACH!!!!!!!!!!!!!!
Exterminate this cockroach. Squish him good!!!!
Next thing you know, Desai will be asking Obama for an appointment to the Obamacare committee. Get this case going before all the witnesses die of old age. R. Wright is getting his talking points from Jeremy....
Are the casinos taking bets on the outcome of the trail? I'll like to put my money that he goes FREE. Odds 5 to 1. What are the odds he fakes another stroke- 7 to 1.
Another bet is he will kill himself before the trail is over 10 to1 odds.
Enough! Put this dirtbag away.
By the time this clown sees justice I will be due for my ten year followup colonoscopy. At least I will not be bending over for this guy again
Ensign's vet's license was renewed even though NRS 638.1 2a states person must be of "good moral character." So the whole licensing system in the state is a scam.
Fantastic ruling by the Nevada Supreme Court.
Enough of the legal BS! Let the trial begin and the good Dr. take his chance in court just like all the common people do. Let's see if the jury decides that just because you have big bucks to spend you get off with a wrist slap.
Great ruling, but it doesn't really matter. The Feds are going to convict him way before the State of Nevada will. He's gone either way. He will loose big time with the Feds. When he does get convicted, I'm 60/40 they do not let him self surrender. Bye bye Doc