Among the evidence that U.S. District Judge George Hanks Jr. will consider when deciding the question of Brockman's competency are reports and testimony from medical experts who evaluated him. Experts' latest reports, filed late last month and early this month, are sealed. But prosecutors provided some insight into their opinions in a court filing last week outlining the case they intend to make during the hearing.
Two of the government's three experts — Dr. Park Dietz, a psychiatrist, and Dr. Robert Denney, a neuropsychologist — "again concluded that the Defendant is competent to assist his attorneys in defense of the charges contained in the Indictment, and that he is malingering, and/or exaggerating his symptoms," prosecutors wrote in the Nov. 10 memo.
A third, neurologist Dr. Ryan Darby, "is unable to determine if the Defendant is competent to stand trial," prosecutors wrote. They added that Darby "concluded that the Defendant exhibited signs of Parkinson disease, however, it is not likely he has progressed to 'severe or end-stages of dementia' " and "that the Defendant's current assessments do not accurately reflect his true level of cognitive impairment."
In a court filing submitted Thursday, Nov. 11, Brockman's lawyers wrote that "recent neuroimaging and testing supports that Mr. Brockman has either or a combination of Parkinson's disease dementia, or Alzheimer's disease dementia," and that the dementia is "permanent, progressive and incurable."
"The defense's expert reports demonstrate that Mr. Brockman has dementia to a degree that he cannot assist in his defense," defense lawyers wrote in the filing. "This conclusion is supported by the diagnoses of Mr. Brockman's treating doctors, as well as by the experiences of counsel and individuals who are in frequent contact with him."
A federal prosecutor declined to comment ahead of the hearing, as did the Justice Department's public affairs office. Lawyers for Brockman did not respond to messages seeking comment.
Brockman was indicted in October 2020 on 39 federal counts, including tax evasion, wire fraud, money laundering and evidence tampering, in what federal prosecutors say was a scheme lasting two decades to evade taxes on $2 billion in income.
Prosecutors also allege Brockman defrauded investors in Reynolds and Reynolds' debt. He pleaded not guilty.
Brockman stepped down from his roles as chairman and CEO of Dayton, Ohio-based Reynolds in November 2020.
The competency hearing will determine whether Brockman can assist with his defense for the case to proceed to trial, not whether Brockman was competent at the time of the alleged offenses.
The statute that allows for a competency hearing requires a judge to determine whether a defendant is incompetent "by a preponderance of the evidence."
Legal experts have described the standard as similar to "more likely than not."