Judge deals blow to defense for upcoming Desai competency hearing
District Judge Kathleen Delaney handed prosecutors a victory Tuesday by limiting the scope of an upcoming hearing to determine Dr. Dipak Desai’s competency to stand trial on criminal charges stemming from a 2007 hepatitis C outbreak.
Medical experts from Lake’s Crossing, the state’s secure mental health facility in Sparks, found Desai competent to assist his lawyers, concluding he has been exaggerating physical impairments caused by two strokes.
Desai’s lead lawyer, Richard Wright, argued during a hearing Tuesday that the defense should be allowed to call an array of independent expert witnesses at the Jan. 27 hearing to challenge those findings.
But prosecutors contended state competency laws don’t allow for witnesses other than the Lake’s Crossing experts.
Delaney for the most part agreed with the prosecutors but ruled that she would let Wright call one of his own medical experts to testify about Desai’s competency since leaving Lake’s Crossing in September.
Afterward, Wright declined comment, but he did not appear happy.
In court papers last week, Wright said he “continues to express a bona fide doubt as to Desai’s competency.”
Because of brain damage caused by the strokes, Desai lacks the ability to assist his lawyers in preparing his defense, Wright wrote.
Desai’s competency must be decided before his approaching trial date. Desai and two of his nurse anesthetists, Keith Mathahs and Ronald Lakeman, face a March 12 trial on 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.
Desai also faces federal charges.
He is to be tried May 22 with Tonya Rushing, his clinic manager, on one count of conspiracy and 25 counts of health care fraud.
A federal indictment alleged the pair carried out a scheme from January 2005 through February 2008 to inflate the length of medical procedures and overbill health insurance companies.
Contact reporter Jeff German at jgerman@reviewjournal.com or 702-380-8135.
