Las Vegas Sun

March 29, 2024

Las Vegas doctor’s conviction upheld as court rejects appeal

Prescription narcotics

Tiffany Brown

Evidence equal to more than 21,000 dosage units of prescription narcotics was confiscated as part of the 2006 criminal investigation that led to the murder trial of Dr. Harriston Bass Jr.

Sun Coverage

CARSON CITY – A Las Vegas doctor convicted in the drug death of a woman, as well as 55 counts of illegal drug sales, has lost his appeal to the Nevada Supreme Court.

The court rejected the petition of Harriston Lee Bass Jr., who maintained there were 12 errors made at his trial, where he was convicted of second-degree murder for selling a controlled substance that caused the overdose death of 38-year-old Gina Micali in October 2005.

The court said the evidence at trial established that Bass was not authorized to possess painkilling drugs including Norco, Lorcet and Lortab. Evidence showed he received multiple shipments of hydrocodone from 2003 to 2006.

Prosecutors argued Bass acted as a drug dealer delivering painkillers to clients through a house-call service. His medical license was revoked by the state Board of Medical Examiners.

Bass argued District Judge Jackie Glass should have disqualified the state attorney general’s office as prosecutors because there was a conflict of interest. He said the office had represented him in a civil suit prior to the criminal charges.

But the court said the lawyer who had handled the civil suit in 1998 left the attorney general’s office in 1999 and another lawyer, who was hired in 2003, conducted the criminal prosecution.

Bass also said errors were made because authorities failed to preserve the prescription bottles found at Micali’s residence and her blood sample. Bu the court said records were kept of the bottles and the blood sample and were available at trial -- and those provided the same information that actual bottles and drugs would have provided.

Bass also had “full opportunity to cross-examine Dr. Gary Telgenhoff, who performed the autopsy on Micali and reviewed the toxicology report,” the court said.

Bass also argued his convictions should be overturned because Glass allegedly made faces and shook her head in the negative during reading of the charges. He complained the judge joked with jurors, saying they should not feed the bailiff.

The Supreme Court said the conduct of the judge “was not so egregious as to influence the jury’s verdict.”

Bass, 55, is serving 25 years to life at the Nevada State Prison in Carson City.

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