Bail reduced for nurse anesthetist in hepatitis C case
Despite objections from a prosecutor, retiring District Judge Donald Mosley on Monday slashed the bail of Ronald Lakeman, one of the nurse anesthetists charged with Dr. Dipak Desai in the hepatitis C criminal case.
Mosley, who steps down from the bench on Friday, ordered Lakeman’s bail cut from $500,000 to $50,000.
Lakeman’s lawyer, Rick Santacroce, had sought to reduce the bail, arguing his client could not afford to make an upcoming $75,000 bail payment on the $500,000 to remain free.
In opposing the request, Chief Deputy District Attorney Mike Staudaher blamed delays in the 19-month-old criminal case on the defense and said it would be unfair to allow Lakeman to benefit from those delays.
“Their whole strategy is to delay the case as much as possible,” Staudaher said.
On a couple of occasions, Staudaher argued, defense lawyers won delays so they could get additional documents in the massive case but never bothered to pick up the documents.
Mosley also blamed the defense lawyers, saying, “This thing has dragged along forever.”
But the judge said the defendants played no role in the delays and insisted that his decision to retire is not the reason the March 12 trial date won’t be met.
With the reduced $50,000 bail, Lakeman will have to come up with $7,500 to stay out of custody.
Outside the courtroom, Staudaher declined to comment on the judge’s decision, which could have an effect on the bail status of another nurse anesthetist charged with Desai.
Keith Mathahs, 75, is free on $500,000 bail and has not yet sought to reduce that amount. Desai, 62, has posted a bail of
$1 million in cash.
Attorney Michael Cristalli, who represents Mathahs, said he is considering a bail reduction motion.
“We’re looking into it, but we haven’t made a decision,” Cristalli said. “We’re not in the same critical situation as Lakeman in regard to his bond.”
All three defendants are facing 28 felony charges stemming from the 2007 hepatitis C outbreak, including racketeering, insurance fraud and neglect of patients. The charges revolve around seven people who authorities say were infected with the potentially deadly virus at Desai’s clinics.
A calendar call for the trial is still set for March 5 , with a hearing on Staudaher’s request to take the deposition of one of the hepatitis C victims who is too ill to testify at trial. Staudaher told Mosley last week that Carole Grueskin has mental issues tied to her infection.
Chief District Judge Jennifer Togliatti has yet to name a judge to take over the high-profile case in Mosley’s absence.
Contact reporter Jeff German at jgerman@reviewjournal.com or 702-380-8135.
