
The decide who discovered Tom Girardi competent to face trial noticed proof he was faking reminiscence issues in his relationship along with his actuality star spouse and within the shabby cardigan the usually dapper man wore for psychological exams.
In a 52-page resolution unsealed Friday, U.S. Dist. Choose Josephine Staton wrote that the disgraced former lawyer met the authorized customary to face wire fraud prices stemming from what prosecutors describe as a decades-long, $100-million scheme that robbed legislation agency shoppers.
“Defendant clearly understands the character of the costs in opposition to him,” the decide wrote. She mentioned Girardi’s “purported denial of data of the costs made in opposition to him [and/or the purported failure to remember such charges once reminded of them] is wholly missing in credibility.”
Staton’s competency discovering was disclosed final week, however the resolution explaining her causes was held again to permit for redactions of private info. A lot of her ruling relies within the conclusions of specialists who testified at collection of hearings final fall.
The decide additionally pointed to Girardi’s declare that he didn’t keep in mind his spouse, the “Actual Housewives of Beverly Hills” star Erika Jayne. The pair have been married for greater than 20 years, although she filed for divorce in 2020 as his monetary issues emerged.
“Defendant’s denial of any reminiscence of a 3rd spouse is undercut by the truth that, throughout a scientific interview, he answered a telephone name from her, precisely remembering she was leaving to fly to Spain that day,” the decide wrote, referring to testimony from a neuropsychologist who examined Girardi for the federal government.
Staton additionally famous the ill-fitting and hole-ridden burgundy sweater that Girardi, identified throughout his profession for immaculately tailor-made fits, selected to put on to court docket, interviews with attorneys and medical specialists. Prosecutors have urged it was a part of a calculated plan to painting himself as mentally addled. Staton famous how Girardi would dig by means of a hamper searching for the sweater earlier than key conferences with psychological specialists.
“This tended to point out that Defendant’s short-term reminiscence was intact as a result of he recalled having that sweater, sought it out to put on on that day, and located it within the laundry,” she wrote.
Girardi’s attorneys have argued that the 84-year-old, who resides within the dementia ward of a nursing residence, has no short-term reminiscence and doesn’t acknowledge them or keep in mind the legal case in opposition to him once they meet.
A Justice of the Peace decide entered a plea of not responsible on his behalf final 12 months due to the competency problem. With that determined, regular proceedings within the case are to renew with a listening to scheduled for Wednesday.
Staton allowed that his superior age may make him much less of a assist to his attorneys than on the pinnacle of his profession, when his “superior cognition and his skills as a civil trial lawyer would have been more likely to lead to an distinctive means to take part in his personal protection.”
However, she concluded, “any precise diminishment of those skills or of his cognition isn’t as extreme as Defendant presents it and, stripped of the feigning and/or exaggeration described by the specialists and located by the Court docket herein, Defendant retains the power ‘to help correctly in his protection.’”