Tom Girardi, the once legendary Los Angeles trial lawyer, was scheduled to be sentenced Friday after a federal jury convicted him of wire fraud.
But a judge on Wednesday canceled the proceeding as defense attorneys and prosecutors argued over whether Girardi, 85, should undergo additional medical testing and be sent to a medical facility, not prison, to serve his sentence.
In August, Girardi was found guilty of four counts of wire fraud for embezzling millions of dollars from his law firm’s clients, then using the funds to underwrite a lavish lifestyle for him and his now-estranged wife, reality TV star Erika Girardi.
Each count carries a maximum of 20 years in federal prison, but Girardi faces a less severe prison term under federal guidelines.
Prosecutors have asked the judge to sentence the disbarred lawyer to 14 years in prison and pay more than $3.7 million in restitution, stating that Girardi carried out a “calculated and devastating betrayal of the very people that turned to him for help in their darkest hour.”
Defense attorneys said that a sentence of five to seven years was more appropriate and that Girardi should not serve the time in prison, arguing that he has dementia and is “an octogenarian first-time offender convicted of nonviolent crimes who poses no ongoing or future threat to society.” The defense team has argued that keeping Girardi out of prison is more efficient, humane and cost-effective and that he should remain in the locked memory care ward of an Orange County nursing home.
“If left in Orange County, he can end his days under the care of his conservatorship, without freedom but with relative decency,” Girardi’s defense attorneys wrote.
With the dispute unresolved, U.S. District Judge Josephine Staton delayed the sentencing and instead will schedule a future hearing over “whether defendant should be committed to a suitable facility in lieu of imprisonment.” The judge also ordered that Girardi undergo additional psychiatric or psychological evaluation. Staton had previously ruled Girardi had some cognitive impairment but was competent to stand trial and even showed signs of malingering, or exaggerating, his dementia symptoms.
The ruling is something of a win for Girardi and his lawyers, as it pushes sentencing to an unknown future date and provides a guaranteed extension of his stay in the Orange County facility.
For Girardi’s victims, some of whom testified at trial, the decision injects further delay in their quest to bring the former lawyer to justice. Several had written letters to the judge, pleading for accountability.
“The last-minute delay for Tom’s sentencing feels like a slap in the face,” said Kathy Ruigomez, who testified about how Girardi mishandled millions of dollars of a settlement from Pacific Gas & Electric after her son, Joseph, suffered severe burns in the San Bruno, Calif., gas explosion.
“Justice delayed is justice denied,” Ruigomez added.
