By FRED SHUSTER | City News Service
A Los Angeles federal judge who ruled this week that Tom Girardi is competent to stand trial on federal fraud charges found that the disbarred attorney was exaggerating symptoms of Alzheimer’s disease and partially feigning mental illness to avoid prosecution, according to court papers unsealed on Friday, Jan. 5.
The 84-year-old Girardi — estranged husband of “Real Housewives of Beverly Hills” star Erika Jayne — is facing multiple counts of wire fraud, a crime carrying a potential prison sentence of up to 20 years on each count.
In a brief docket item Tuesday, U.S. District Judge Josephine Staton wrote that her full decision was filed under seal and attorneys were given five days to identify which portions of the order should remain hidden from the public.
Her full order finding Girardi competent to stand trial for allegedly embezzling millions of dollars from clients, despite his contention he suffers from Alzheimer’s disease and is unable to assist in his own defense, was unsealed Friday.
“Weighing all the evidence before the court, and considering the many arguments offered by counsel, the court concludes that although defendant suffers from a mild-to-moderate cognitive impairment, he is competent to stand trial under the relevant legal standard,” Staton wrote in the 52-page document.
“In short, having reviewed the evidence relating to defendant’s brain scans, his testing results, the anecdotal accounts of his abilities, his presentation at clinical interviews, and, importantly, the timeline of the progression of the asserted cognitive decline, the court finds persuasive the government’s experts’ conclusions that defendant is exaggerating his symptoms and partially malingering. As a result … the court concludes that defendant is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense.”
A status conference in the case was scheduled…
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