New Hampshire prosecutors say that an appeal filed by David Kwiatkowski to vacate his prison sentence for infecting patients with hepatitis CT should be thrown out because the former radiologic technologist waited too long to file an appeal, according to an article published March 29 by the Associated Press.
Kwiatkowski is serving a sentence of 39 years in prison after he pleaded guilty to charges that he infected patients who were given needles that he used as part of a drug diversion scheme. Kwiatkowski was a traveling technologist who in 2013 pleaded guilty to multiple counts of stealing fentanyl intended to sedate patients before interventional radiology procedures.
Earlier this year, Kwiatkowski asked a New Hampshire court to throw out his sentence, saying he was not adequately represented by his lawyer. Kwiatkowski claims his attorney allowed him to plead guilty while he was "under extreme emotional distress," and he also believes his sentence was incorrectly calculated.
But in a filing with the court, U.S. Attorney for the District of New Hampshire Scott Murray maintained that Kwiatkowski should have filed his appeal within a year of his conviction, according to the article.
