Earlier this year, Girardi was indicted on charges he embezzled $15 million from clients from 2010 to 2020.
Girardi’s family revealed he was diagnosed with dementia in 2021 and moved him into a senior assisted living facility. His brother was appointed as conservator of Girardi. Jayne filed for divorce in 2020 as her husband’s legal problems started to mount.
Girardi’s lawyer argued that he was not competent to stand trial. The government scoffed at this suggestion.
Prosecutors had medical professionals put together a report after speaking to Girardi and his associates.
Dr. Diana Goldstein, hired by the government, said Tom was “competent.”
Girardi’s lawyer said they had “three neurologists, two neuropsychologists, one neuropsychiatrist [and] multiple lawyers” determine Jayne’s husband suffers from dementia.
In August, a hearing was held in Girardi’s criminal case where the parties argued their case. The judge has yet to rule.
Now, in a newly filed document, Girardi’s team argued the experts hired by the government were not qualified to “opine on the competency of an older adult with cognitive impairment.”
They said Dr. Goldstein was “not qualified to assess older adults.”
They said she, “has no expertise in geropsychology, the psychology of older adults. She has no board certification, no formal education, no specialized training, and no research on older adults.”
In addition, they argued Dr. Darby, who the government also used, “is not qualified to assess competency at all.”
“While Girardi’s decline may seem rapid to someone with Dr. Goldstein’s limited experience, Dr. Wood explained that it was entirely expected given the departure of Girardi’s wife and the subsequent “failure of informal supports,” Girardi’s lawyer wrote.
They said one friend testified that after Jayne left in November 2020, he felt compelled to stay with Girardi at his home a few nights a week because “he was not in his right mind.”
Girardi’s lawyers are demanding the court not listen to the government’s witnesses and call off the trial.
