Brockman’s June 30 filing redacted sections, including one that prosecutors revealed in their response the next day. It said the court should view the extension request with skepticism, citing their position: “The court designated three experts to evaluate the claim [of incompetency] and all three found him competent, with two of the three finding malingering.”
Attorneys for Brockman did not immediately respond to requests for comment.
Prosecutors have said Brockman may be faking his dementia, noting that he remained the top executive at his multibillion-dollar firm until November 2020.
In their July 1 filing, prosecutors objected to the position of Brockman’s lawyers that the government is “gratuitously publicizing information” about his medical records. Prosecutors said Brockman put his medical condition at issue by seeking a competency hearing and filing more than 100 pages of unredacted medical records.
“The fact that the experts believe that defendant is faking his alleged incompetency is highly relevant to whether the court should grant his late request to further delay this case with a continuance,” prosecutors wrote in the filing.
U.S. District Judge George C. Hanks Jr. has scheduled a competency hearing for September.
