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In a pivotal legal showdown set for Wednesday, federal prosecutors and public defenders are poised to clash over the mental competency of disbarred California attorney Tom Girardi. The hearing aims to determine whether Girardi is mentally fit to stand trial on charges of allegedly embezzling millions of dollars from his clients.
The outcome of this hearing could significantly impact the trajectory of the government’s criminal case against Girardi. Both sides have presented their own expert findings to U.S. District Judge Josephine Staton in Los Angeles, adding complexity to the issue.
In documents filed on Monday, Girardi’s legal team, in heavily redacted court papers, disclosed that multiple medical experts, including three neurologists, two neuropsychologists, and one neuropsychiatrist, have diagnosed Girardi with dementia. They highlighted the atrophy of parts of his brain and his struggle with memory loss. The filing noted that Girardi seems unaware of his disbarment and the non-payment of his clients.
See also: Thomas Girardi’s Request for Continuance of Competency Hearing Denied
On the contrary, the government has expressed skepticism about Girardi’s mental incompetence. The prosecution cited that Girardi was placed under conservatorship shortly after being accused of embezzling millions from the families of victims of the 2018 Boeing 737 MAX Lion Air Flight 610 crash in Indonesia. Prosecutors cited their own expert, neuropsychologist Diana Goldstein, who asserted Girardi’s competency to face trial on five counts of wire fraud related to the alleged embezzlement of $15 million from 2010 to 2020.
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Based in Chicago, Diana Goldstein refrained from commenting but confirmed her presence at the upcoming hearing. Notably, Girardi’s federal defenders declined to comment, and the Los Angeles U.S. Attorney’s Office spokesperson also refrained from providing any statements.
In a potentially crucial twist, court documents from the prosecution indicated that one of the examining neuropsychologists initially diagnosed Girardi with Alzheimer’s disease but later retracted this diagnosis. The neuropsychologist, Helena Chui, a professor at the University of Southern California’s Keck School of Medicine, instead identified a dementia variant akin to Alzheimer’s. However, Chui did not offer immediate comments on the matter.
Legal experts emphasize that convicting a mentally incompetent defendant could infringe on constitutional due process and potentially lead to an overturned conviction on appeal. Michael Weinstein, a lawyer from Cole Schotz not involved in the case, stated that if Girardi is deemed incompetent, it might hinder the government’s ability to proceed with the prosecution.
Girardi’s defense team asserts that he cannot actively participate in his own defense due to his mental state. This assertion underscores the gravity of the mental competency issue, as the ability to contribute to one’s defense is a fundamental tenet of a fair trial.
Beyond the Los Angeles case, Girardi also faces criminal charges in a federal court in Chicago. These charges include eight counts of wire fraud and four counts of criminal contempt of court, all linked to allegations of misappropriating over $3 million in client funds intended for families of the Lion Air crash victims. However, the Chicago case remains largely in limbo as it awaits the resolution of the competency proceedings in Los Angeles.
In essence, Wednesday’s hearing holds immense significance, as it will determine whether Girardi’s mental state renders him fit to face the charges against him. The clash between the prosecution and the defense over his competency could shape the future course of legal proceedings in both Los Angeles and Chicago.
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