Judge says trial involving Dipak Desai will proceed

CREATED Mar. 7, 2013

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  • A judge says there is no reason to delay the case against Dipak Desai, the physician charged in the hepatitis C outbreak case. Video by ktnv.com

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Las Vegas, NV (KTNV) -- A judge says there is no reason to delay the case against Dipak Desai, the physician charged in the hepatitis C outbreak case.

Desai appeared in court Thursday morning for a status check. According to his attorney, Desai was admitted to Summerlin Hospital on Feb. 24 and released this past Friday.

Desai showed up to court in a wheelchair. His attorney renewed his argument that Desai is not physically competent to stand trial.

Desai has suffered two previous strokes. However, District Judge Valerie Adair said in court that "this may be a case of the boy who cried wolf." She also said that Desai has a history of "exaggerating" his medical condition.

His attorney says that they are planning an independent medical evaulation after the latest incident before the trial, which is scheduled to being in April.

Adair previously denied a request in January to delay the trial after Desai's lawyer argued that a psychiatric evaluation cast doubt on Desai's ability to assist his lawyers.

Desai and a nurse, Ronald Lakeman, are facing charges of second-degree murder, theft, insurance fraud and obtaining money under false pretenses. Desai is facing 28 charges.

Another nurse, Keith Mathahas, accepted a deal in December 2012 and agreed to testify against Desai.

Seven people were infected after receiving treatment at Desai's clinic. One of those, Rodolfo Meana, died.