LAS VEGAS - Lawyers argued Friday about the mental capacity of Dipak Desai and whether the disgraced doctor's health problems will delay his trial.
Desai is accused of causing a hepatitis outbreak in Nevada four years ago. Since then, he has suffered at least two strokes and spent six months in a state mental health facility.
"The degree of impairment (is) fairly minimal," geriatric psychiatrist Dr. Lindell Bradley testified Friday.
Everyone agrees Desai suffered two strokes, but state medical experts testified via video conference that he could be exaggerating the effects of the strokes to avoid trial.
"Is it your opinion that Dr. Desai is competent to stand trial?" prosecutor Mike Staudaher asked.
"Yes," Dr. Bradley replied.
Desai's family members and attorneys believe he's suffering debilitating effects of the strokes and doesn't understand the accusations against him. The defense challenged the state's findings.
"Did you send him to a neuropsychologist?" Desai's attorney Richard Wright asked psychologist Dr. Steven Zuchowski.
"No, we did not," Zuchowski replied.
"Did you have a neuropsychologist come in and evaluate him?" Wright asked.
"No, we did not," Zuchowski answered.
Investigators say Desai reused vials and syringes at his condemned endoscopy clinics. Ultimately, the Southern Nevada Health District positively linked nine hepatitis cases to the clinics once operated by the 61-year-old gastroenterologist.
Desai and two of his associates face 28 felony charges including racketeering, negligence, and insurance fraud.
"For all you know, he is perfectly fine, no impairment whatsoever and all of this is fake right?" Wright asked Dr. Bradley.
"That's one of the possibilities," Bradley replied.
"Okay, is that your opinion?" Wright asked.
"No, that's not my opinion. I think he probably does have some impairments," Bradley answered.
Attorneys will submit their closing arguments on the competency debate in writing by Tuesday afternoon. Judge Kathleen Delaney's decision could come as early as next week.
If Desai is ruled competent, his trial could begin in March. In addition to his criminal trial, Desai faces a slew of civil lawsuits and another criminal case in federal court.
