Girardi to get another mental evaluation, sentence delayed

Disbarred plaintiffs' attorney Tom Girardi's sentencing in Los Angeles for wire fraud against former clients was postponed until next year. The federal judge overseeing the case ordered an additional mental evaluation hearing to determine if he should be committed to a medical facility in lieu of imprisonment.

Although U.S. District Judge Josephine L. Staton earlier ruled that Girardi was mentally competent to aid in his defense at trial, she granted a post-trial request by his federal public defenders. They said because their client is suffering from significant mental and physical health problems, he has a right to be examined again prior to sentencing, pursuant to 18 U.S.C. Section 4244.

The federal code provides a hospitalization sentencing option for convicted defendants who are reasonably believed to be suffering from mental disease or defect.

Girardi's counsel claims Girardi, now 85 and diagnosed with late-onset dementia, is half blind, needs constant assistance with daily living tasks and does not remember family members or his month-long August trial.

In an order on Wednesday, Staton replaced Friday's 1:30 p.m. sentencing hearing with a status conference at which Girardi is ordered to appear. At the conference, the parties will determine a schedule for Girardi's examination and subsequent evaluation hearing, Staton ruled. U.S. v. Girardi et al., 2:23-cr-00047 (C.D. Cal., filed Jan. 31, 2023).

In supplemental filings, the government, led by Assistant U.S. Attorney Scott Paetty, argued any evaluation hearings on Girardi's mental health should be held after sentencing because Staton already found him to be competent to stand trial twice this year. The most recent order on the topic was issued on Dec. 2 when Staton denied Girardi's motion for a new trial.

"The parties, and the court, agree that defendant shows some signs of cognitive impairment. However, the court on numerous occasions noted that defendant has exhibited signs of malingering and has shown the ability to engage in sophisticated conduct designed to exaggerate the symptoms of mental decline for his own benefit," the government stated in its brief.

Girardi's counsel, led by Deputy Federal Public Defender Charles J. Snyder, argued the additional evaluation was warranted under Section 4244 because Staton's prior competency determination does not eliminate Girardi's right to have another before any sentencing that could be seen as cruel and unusual punishment.

"Although Mr. Girardi respectfully disagrees with the court's competency determination, he is at least entitled to a hearing on whether hospitalization is necessary in lieu of incarceration," Snyder wrote. "Holding a Section 4244 hearing would be consistent with the court's overarching duty to impose a punishment that is 'sufficient, but not greater than necessary' to achieve the purposes of sentencing. Indeed, a hearing would - at bare minimum - aid the court in determining how 'to provide the defendant with needed ... medical care ... in the most effective manner.'"

After a jury found Girardi guilty of bilking four former injured clients of over $15 million in agreed settlement funds from 2010 to 2020, prosecutors recommended he be sentenced to 14 years in prison. Girardi's counsel recommended Staton sentence him to lifetime hospital confinement.

The prosecutors argued that if Staton found an inquiry under Section 4244 was appropriate, Girardi should be committed to the custody of the attorney general for examination because justice in the case did not warrant any further delays.

According to his defense counsel, Girardi resides at an assisted living facility in Orange County.

"Ultimately, [Federal Bureau of Prisons] has sufficient resources to address defendant's mental state whether the court sentences defendant now or further continues sentencing to accommodate a Section 4244 inquiry," the government stated in its supplemental brief. "However, justice in this case dictates that defendant proceed to sentencing on the currently scheduled date."