The lawyer defending one of the nurse anesthetists charged in the Las Vegas hepatitis outbreak has been cited for contempt of court and fined $100 for skipping a pre-trial hearing on the case.

Frederick Santacroce had requested the Jan. 3 hearing after arguing that police and the Clark County District Attorney's office had limited his access to evidence while he prepared his defense of Ronald Lakeman, CRNA. Chief Deputy District Attorney Michael Staudaher has denied this allegation. "To say that we're not providing access is inaccurate," he says, citing his department's regular scheduling of times for defendants to review the evidence it has collected.

Mr. Lakeman, along with his former surgery center employer Dipak Desai, MD, and Keith Mathahs, CRNA , has pleaded not guilty to the charges against him in the outbreak case.

While Mr. Santacroce hadn't notified District Judge Donald Mosley, who was overseeing the hearing and who issued the citation, that he was unable to attend the hearing, a published report notes that the lawyer was seen in the vicinity of the courtroom prior to the hearing.

Judge Mosley rescheduled the hearing for Jan. 19, with threats of greater punishment for Mr. Santacroce in the event he's absent again. The trial is scheduled to begin on March 14.

Mr. Santacroce and Judge Mosley's office did not immediately return calls seeking comment.

David Bernard

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