Girardi’s legal team argued in October that his memory issues made him incapable of standing trial, citing a caretaker’s posttrial declaration and claims of memory loss. However, the court pointed to video recordings and other evidence suggesting Girardi’s claims of incompetence were a pretense to avoid facing allegations of mishandling client funds.
Experts noted Girardi displayed the ability to form new memories and at times demonstrated selective recollection. Judge Staton highlighted instances where Girardi provided detailed accounts when it suited his defense, further undermining his incompetency claims.
Sentencing is scheduled for December 20. Prosecutors have described Girardi’s actions as deliberate and systematic, accusing him of betraying clients to sustain his wealth.
The government is represented by E. Martin Estrada, Mack E. Jenkins, and Scott Paetty of the U.S. Attorney’s Office for the Central District of California. Girardi’s defense includes attorneys from the Federal Public Defender’s Office for the same district.