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Second nurse arrested in hepatitis case

Ronald Lakeman, the second nurse anesthetist charged in the criminal case stemming from the 2007 hepatitis C outbreak in Las Vegas, has been arrested in Georgia.

The 63-year-old Lakeman, who lives in Columbus, Ga., about 100 miles from Atlanta, was arrested by police Tuesday evening, authorities said.

Keith Mathahs, 74, the other anesthetist charged in the case, was arrested by Las Vegas police on Tuesday afternoon.

Chief Deputy District Attorney Mike Staudaher said in court on Wednesday morning that Lakeman has waived extradition and could be back in Las Vegas within a week.

In a motion seeking to reduce his $500,000 bail, Lakeman's Las Vegas lawyer, Frederick Santacroce, said Lakeman is not a flight risk. He said his client is an Air Force veteran who has never been in trouble with the law.

"Prior to the instant allegations, Mr. Lakeman had a spotless record performing over 50,000 procedures without a single complaint," Santacroce wrote.

"While this case has certainly garnered public attention, it is believed that when all the facts and evidence are presented at trial, Mr. Lakeman will have been found to be an innocent employee swept into the public hysteria of this case."

Santacroce said in his court papers that his client has not practiced nursing since February 2008, when the hepatitis scare became public, and has no income other than Social Security.

Though he lives in Columbus with his wife of 25 years, Lakeman has been actively participating in the civil litigation stemming from the hepatitis outbreak and has come to Las Vegas at his own cost to give depositions, Santacroce said.

"Mr. Lakeman's conduct for the past 2½ years shows he is serious about defending these charges," the lawyer wrote.

Lakeman, Mathahs and the central figure in the outbreak, Dr. Dipak Desai, are facing a 28-count indictment, which includes felony charges of racketeering, insurance fraud and neglect of patients.

Desai, 60, ran the clinics where officials say the hepatitis C infections occurred. He posted $1 million bail this week.

The charges revolve around the cases of seven people health officials say were infected with the potentially deadly hepatitis C virus at Desai's Endoscopy Center of Southern Nevada: one on July 25, 2007, and six on Sept. 21, 2007.

The racketeering count, which draws a maximum 20-year prison term, alleges the three defendants operated a criminal enterprise from June 2005 to May 2008 that falsified anesthesia records, conducted unsafe injection practices and rushed surgical procedures at the expense of patient safety, all for the purpose of enhancing profits.

On Wednesday, District Judge Donald Mosley delayed a decision on whether to reduce Mathahs' $500,000 bail until 9 a.m. Friday, saying in court he needed more time to review the case.

Desai is also set to appear for arraignment Friday morning, and a bail hearing for Lakeman is set for 9 a.m. Monday.

Mathahs appeared in court Wednesday with his new lawyer, Michael Cristalli, who argued that Mathahs is not a flight risk. Cristalli is seeking to lower his client's bail to $50,000.

Staudaher argued that Mathahs went to stay with his son in California over the weekend to avoid being arrested, but Mosley said he wasn't concerned about the trip.

Mathahs' son and wife were in court Wednesday to observe the proceeding.

Contact reporter Jeff German at jgerman@reviewjournal.com or 702-380-8135 or read more courts coverage at lvlegalnews.com.

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