LAS VEGAS -- Late last week, state medical experts determined Dr. Depak Desai, the man at the center of the 2007 hepatitis C outbreak, was competent to stand trial.
Desai spent the last six months being evaluated by psychiatrists, psychologists and physicians at a state mental hospital, and those experts believe Desai is faking it.
Former District Court Judge Jackie Glass ordered Desai to Lake's Crossing in March for yet another evaluation of his competency. Desai's attorneys argue he can't participate in his own defense due to the after effects of two strokes.
Previous reviews by two court-appointed experts found Desai incompetent to stand trial. But last week, three doctors at Lake's Crossing concluded Desai is competent. They agree Desai is "feigning a greater level of disability than he actually possesses."
The doctors base their conclusions, in part, on Desai's behavior in the hospital setting. Psychologist Sally Farmer notes that during evaluation sessions, Desai claims to have difficulty with immediate, recent, and remote memory. But unlike most clients with serious memory problems, Desai "has always found his room and various facilities, including the kitchen, laundry, canteen, barber shop and classrooms without difficulty."
Farmer also notes during casual interactions with staff, Desai discussed Chicago politics, the current economic crisis and the difference between socialism and Marxism. Yet on a test for cognitive impairment, Desai scored in the same range as those who have problems with basic activities like using the toilet.
Farmer concludes "although some cognitive impairment is present, Dr. Desai's cognitive abilities are considerably greater than he admits."
Two additional psychiatric evaluations reflect similar conclusions. Dr. Lindell Bradley notes "during my assessment the client demonstrates clear evidence of malingering," meaning to pretend or exaggerate an illness. Bradley finds Desai's alleged deficits are not consistent with his previous evaluations or with the common impairments of stroke sufferers.
Further, Dr. Steven Zuchowski reports that Desai is alleging both total amnesia for the events surrounding the hepatitis C outbreak and a severe ongoing problem with cognitive functioning. However, based on Desai's psychological testing, his day-to-day functioning in the hospital, and a lack of evidence of any additional physical deterioration, Zuchowski writes "it is unclear to what extent these problems are authentic. But it is clear that his real deficits are not as severe as he claims."
Each doctor notes that it's impossible to state Desai's impairments with complete accuracy and that he does have what they think is authentic word-finding difficulty. However, each goes to great lengths to advise the court of their belief that he is intentionally exaggerating his problems and that he can assist with his own defense and understand the nature of the charges and the proceedings against him.
Desai's attorney Richard Wright did not return requests for comment. District Attorney David Roger declined to comment for this story.
