Girardi's health evaluation delayed due to email mishaps

Botched email transfers of Tom Girardi's medical records caused a delay in his newest health evaluation that will determine where he will presumably spend the rest of his life as he awaits a sentencing for his California wire fraud conviction.

During a hearing on Thursday, U.S. District Judge Josephine L. Staton ordered Girardi's stay at Federal Medical Center, Butner, be extended an extra 15 days after the facility's medical staff told her they needed the additional time to complete their analysis because they did not get those records until Jan. 29. Girardi was taken into custody and flown to the North Carolina prison for this evaluation on Jan. 7.

The medical tests will now be completed by Feb. 20, the doctors said. Girardi will return to an Orange County memory care facility he's been living in throughout the duration of this case that same day, Staton ordered.

Staton asked Girardi's counsel, led by Deputy Federal Defender Charles J. Snyder, what caused the delay. According to a letter the judge received from Butner, its medical staff on Dec. 31 directed both the government and the defense to send its doctors any relevant documents they would need for the 30-day examination.

"I'm a bit troubled that it took from Dec. 31 to Jan. 17 to even respond with documents. There was no accompanying email that explained where these were coming from. ... It wasn't sent in the way one might expect," Staton said.

Snyder contended that two emails containing the records were sent from a member of the defender's office to a Butner medical assistant on Jan. 17 and Jan. 21. However, Butner's staff responded days later to a follow-up email from Snyder that those original emails still weren't in the facility's inbox. After more exchanges, Snyder said, the emails were found, but the doctors contended its files contained inaccessible links from an unknown sender they could not contact because a no-reply email was used. The files were later uploaded and successfully shared through a system the government uses, Snyder said.

Snyder alluded to the Los Angeles County wildfires that began on the evening of Jan. 7 as a factor that caused significant disruptions and delays in the office's operations. In a declaration Snyder sent to Staton on Wednesday, he said it was important for the judge to consider the email debacle in her final sentencing determination report, as well as the letter Butner sent - which, according to Snyder, did not contain any updates on Girardi's status or what procedures have been taking place since his admission.

"Still - and despite knowing that it was being closely watched by a federal judge - [Bureau of Prisons] was unable to check emails, follow up on items pertinent to its evaluation, and complete its work on time. This is something that the court should meaningfully consider ... and more importantly, whether the agency can responsibly accommodate an exceptionally frail, 85-year-old dementia patient for whom negligence or inattention may have serious consequences," Snyder wrote.

During the status hearing, Staton said she didn't appreciate Snyder's apparent blame of the prison system.

"Your papers, to me, read like the best defense is a good offense, essentially blaming the BOP for everything. ... But, in fact, I think the BOP acted professionally and timely," Staton told Snyder.

Snyder apologized and said the intention of his declaration was not to attack the prison system, but to summarize the events to the judge as accurately as he could.

Staton acknowledged Snyder's apology and said his summarization was helpful, but the additional paragraphs related to his views of the prison's processes "just didn't work for me," she said.

"If the tone was off and the court didn't agree with that, I apologize. But ... we thought it was important to not only include the information and background, but also the other parts. But I understand that didn't land very well with the court, so we will take that into consideration in the future," Snyder said.

Once Girardi returns to California, Butner's medical staff said they will need 14 business days to construct a final report. That report will be sent to Staton, who will make her own report that will determine what Girardi's sentencing will be.

Last year, Girardi was found to have stolen over $15 million in settlement funds intended for four injured clients between 2010 and 2020. Government prosecutors, led by Assistant U.S. Attorney Scott Paetty, are seeking a 15-year prison term while Girardi's counsel are seeking lifetime confinement to hospital care. U.S. v. Girardi et al., 2:23-cr-00047 (C.D. Cal., filed Jan. 31, 2023).