Judge decides not to dismiss indictment against Desai
District Judge Valerie Adair denied a defense bid Thursday to dismiss the criminal indictment against Dr. Dipak Desai stemming from the 2007 hepatitis C outbreak.
Desai's lead defense attorney, Richard Wright, attacked the criminal case in court papers last month, arguing prosecutors made a shotgun presentation to the indicting grand jury that violated the physician's constitutional rights.
Wright repeated his arguments in court on Thursday, arguing that the vagueness of the indictment makes it difficult for Desai to defend himself.
In her ruling from the bench, Adair said prosecutors could have presented a clearer charging document.
"This could have been pled better," Adair said. "This could have been tighter."
But the judge concluded that the indictment did not violate Desai's due process rights and was sufficient to move the high-profile case to trial.
Adair said she understood that prosecutors were trying to show in the indictment that there was an overall atmosphere of neglecting patients at Desai's clinics.
Chief Deputy District Attorney Mike Staudaher described that atmosphere in his argument as a "cattle call mentality" that sacrificed patient safety for economic gain.
Both Wright and Staudaher declined to comment on Adair's decision.
Desai and nurse anesthetists Keith Mathahs, 75, and Ronald Lakeman, 64, each face 28 felony charges, including racketeering, insurance fraud and neglect of patients. They are to stand trial on Oct. 22.
Previous efforts by Mathahs and Lakeman to get their cases dismissed were denied by another judge.
The charges, the result of one of the biggest investigations ever conducted by the Metropolitan Police Department, revolve around seven people who authorities say were infected with the potentially deadly hepatitis C virus at Desai's clinics in 2007.
Desai also faces a Nov. 20 federal trial before U.S. District Judge Gloria Navarro with his former clinic manager, Tonya Rushing, 44. Both are charged with one count of conspiracy and 25 counts of health care fraud.
Contact reporter Jeff German at jgerman@reviewjournal.com or 702-380-8135.
