Thomas Girardi Loses Bid for Continuance of Competency Hearing

The judge presiding over disbarred lawyer Thomas V. Girardi’s criminal case in the Central District of California said she won’t continue the competency hearing scheduled for Aug. 23.

Judge Josephine L. Staton’s order, entered Wednesday, was brief, stating only that good cause to justify the continuance hadn’t been shown.

Girardi, who faces wire fraud charges after allegedly embezzling millions of dollars from his firm’s clients, had asked for a “brief continuance” to ensure that all experts were able to testify on consecutive days.

Consecutive days of testimony would be “the most efficient use of the Court and the parties’ resources,” his federal public defenders argued. They say the hearing “is certain to take more than one day,” and that one of his attorneys has a conflict on Aug. 24.

The government had opposed the continuance, stating that it “believes the parties can conclude the hearing within a single day.”

The government intends to proffer its expert reports as their direct testimony. Prosecutors also said they would be willing to “to proceed for as long as the Court requires on Aug. 23.”

Even if the hearing extends to a second day, prosecutors said neither party would be prejudiced by the court scheduling further proceedings at that time. The government, however, would be prejudiced from further delays of this “long-anticipated proceeding,” they argued in their motion in opposition to Girardi’s request.

The parties, the public, and alleged victims “have an interest in the speedy and efficient resolution of the competency issue,” the government said. But due to scheduling conflicts on both the prosecution and defense teams, a continuance could mean a hearing date in October or later.

The government also noted that one of Girardi’s two co-defendants, Christopher Kamon, is currently set for trial on Dec. 12.

The competency hearing was originally scheduled for Aug. 3, but the court, on its own motion, continued the hearing to Aug. 23.

The case is United States v. Girardi, C.D. Cal., No. 2:23-cr-00047, filed Aug. 9, 2023 8/8/23.