LAKE ELSINORE: Lake Elsinore doctor ruled incompetent to stand trial

Wesley Albert is accused of running 'prescription mill' from Lake Elsinore Hotel & Casino

By JOHN HALL - Staff Writer | Monday, July 21, 2008 7:31 PM PDT ∞

FRENCH VALLEY ---- Criminal proceedings for a 78-year-old Lake Elsinore doctor accused of issuing false prescriptions came to a halt Monday when a judge ruled Wesley Duane Albert is mentally incompetent to stand trial.

Albert, who was handcuffed and in a jail-issued wheelchair, appeared at Southwest Justice Center in French Valley for his hearing before Judge Michael Hider.

Two court-appointed doctors who interviewed and evaluated Albert came to the same conclusion that he is not competent to go to trial or properly assist his attorney with his defense, leading to the judge's ruling.

Albert's arrest in May was the culmination of a 10-month investigation into allegations that he was writing prescriptions for large amounts of drugs, including Vicodin, Xanax, Oxycontin and Soma.

Authorities allege Albert was running a prescription mill from a room at the Lake Elsinore Hotel & Casino and writing prescriptions without examining patients.

Albert is charged with seven counts of issuing false prescriptions. Prosecutors have said they believe Albert wrote thousands of prescriptions for dangerous and addictive drugs.

Outside the courtroom Monday, Elaine Johnson, Albert's attorney, said her client was diagnosed in December 2007 with advanced stages of Parkinson's Disease. Around that time he was also admitted to a local hospital where emergency physicians said he was "mentally compromised," Johnson said.

Both court-appointed doctors determined that Albert has dementia, the defense attorney added.

"He was a medical doctor for 45 years and has no prior criminal record," Johnson said. "Clearly, he is in the position he is in now (facing criminal charges) because of his disorders."

Johnson said she hopes to have Albert placed in some type of home or care facility where he can receive proper care mentally and medically. He is also suffering from heart and kidney disease.

"He is in very poor medical health," she said.

Deputy District Attorney John Davis said the court-appointed doctors agree that Albert's mental competency issues are not likely to be changed through any medications.

Once criminal proceedings are halted as they have been in this case, Albert would have to be found competent again before he would return to a courtroom again.

That is unlikely to happen, Davis said, based on the diagnosis. But should Albert be found competent at some point, he would likely be prosecuted in federal court on charges that could result in a sentence of up to 14 years.

"But it doesn't look good for that to happen now," Davis said.

While Albert's attorney said she will be seeking placement in something akin to a convalescent home, the prosecutor said he would fight against that.

"We would be opposed if they propose putting him in any sort of nonlockdown facility," Davis said.

The prosecutor added that some place such as Patton State Hospital would be appropriate for Albert, adding that such a facility is what he will be requesting.

Hider set Sept. 2 for Albert's placement hearing.

According to the Medical Board of California's Web site, Albert's medical license expired April 30 and he had not paid his renewal fee. Therefore, he is not allowed to practice medicine, according to the site.

Contact staff writer John Hall at (951) 676-4315, Ext. 2628, or jhall@californian.com.