Brockman, 80, contracted COVID-19 in December and was hospitalized in January with acute prostatitis and toxic metabolic encephalopathy, Brockman's lawyers wrote in their recent filing. They added that the new health issues sped up his cognitive decline, which they have said is the result of dementia, "most likely caused by Parkinson's disease and Alzheimer's disease."
Attorneys for the government wrote that they were not notified of Brockman's illnesses in December and January before defense lawyers submitted their filing April 13, nor have they received any medical records related to the events.
Prosecutors wrote Wednesday that "the Defendant seeks to leverage these events into an additional delay, and a new round of medical evaluations. The Court should decline Defendant's attempt to further delay the trial in this matter and instead rely on the evidence properly before the Court."
Brockman's lawyers did not immediately respond to a message seeking comment Wednesday.
"Recent medical events and examinations by treating and expert physicians confirm that Mr. Brockman's cognitive function has declined, and provide further support that he is incompetent to stand trial," defense attorneys wrote this month.
The new information about Brockman's health comes five months after a hearing was held in Houston to determine whether Brockman is competent to assist in his defense. He was indicted in October 2020 on 39 counts, including tax evasion, wire fraud, money laundering and evidence tampering. Brockman has pleaded not guilty, and he stepped down from his roles at privately held dealership management system provider Reynolds and Reynolds.
Brockman's attorneys said he has dementia that is progressive and incurable, which has caused difficulties with retaining and processing information. Prosecutors, meanwhile, have argued Brockman faked his symptoms to avoid prosecution.
The judge has not yet ruled on Brockman's competency.