Prosecutors confront Bob Brockman’s defense team at the start of the hearing

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HOUSTON – A neurologist who has rated Bob Brockman as an expert witness for the government testified on Monday on the first day of a competency hearing for the former CEO of Reynolds and Reynolds Co. who does not have an accurate representation of Brockman’s cognitive abilities. .

Dr. Ryan Darby testified on the first day of a hearing to determine whether Brockman is competent to stand trial on the tax evasion charge that the symptoms of cognitive impairment Brockman presented are worse than brain imaging would suggest.

Darby, an assistant professor of neurology at Vanderbilt University Medical Center who specializes in behavioral neurology, testified that he believes Brockman’s symptoms are consistent with Parkinson’s disease and reflect mild cognitive impairment that may have progressed to mild dementia on the basis pictures of brain scans and knowledge of how the disease progresses.

Prosecutors last week outlined Darby’s expert report in a judicial filing that provided a preview of their case under jurisdiction, writing that Darby “also concluded that the defendant’s current assessments do not accurately reflect his true. level of cognitive impairment and, therefore, is unable to determine whether the accused is competent to be tried “.

Federal prosecutors and Brockman’s attorneys outlined their cases of jurisdiction in a Houston courtroom.

The competent hearing, which is expected to last a week, aims to assess whether Brockman, 80, can help in his defense against the tax evasion and computer fraud allegations. Brockman attended the hearing and sat at the end of the defense team table.

In Monday’s opening statements, prosecutors outlined “the extraordinary measures a man is willing to take to evade accountability” and said Brockman had both the motivation and the ability to simulate or simulate symptoms to avoid action. criminal.

Attorney Lee Langston told District Judge George Hanks Jr. in his opening statement that understanding Brockman’s motivation and ability requires a broader look at both the evidence against him in the government criminal case and the juxtaposition between the image presented in the doctors’ examination rooms and the life he lived outside those rooms.

This includes, he said, Brockman’s continued work as CEO of private dealership management systems giant Reynolds and Reynolds until he was indicted in October 2020 and after his symptoms were said to have appeared.

“The evidence will clearly show that the defendant has lived a double life for years,” Langston said.

In a court filing last week, Brockman’s attorneys wrote that “recent neuroimaging and testing support that Mr. Brockman has one or a combination of Parkinson’s disease dementia, or Alzheimer’s disease dementia” and that dementia it is “permanent, progressive and incurable”.

Brockman’s attorney Kathy Keneally said in her opening statement Monday that discussion of past events in the government case, as outlined by prosecutors, is not the issue on the table at the court hearing.

“The question is whether Bob Brockman can assist today, moving forward, through a trial in this case,” said Keneally.

He said Brockman doesn’t remember what his lawyers told him, including discussions of a course of action Brockman can’t remember several days later.

“There is only one problem before the court at this hearing: Can Bob Brockman today understand the criminal proceedings that have been initiated against him and assist his lawyer in his defense?” she said. Does Bob have the current sufficient capacity to consult with his lawyers with a reasonable degree of rational understanding? Can Bob make a significant contribution to his defense today and in the future? He can not. “

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