Former Reynolds and Reynolds Co. CEO Bob Brockman will stand trial on criminal tax evasion charges in February 2023, a federal judge said Tuesday.
Attorneys for Brockman, 81, also told a judge that Brockman is "in very poor shape" both physically and mentally, and it is difficult to communicate with him.
Brockman's trial is set to start Feb. 23, U.S. District Judge George Hanks Jr. said during a status conference. Prosecutors wrote in a recent court filing that they anticipate the trial will last about five weeks.
The trial date follows Hanks' decision last month that Brockman is competent to assist in his defense on 39 counts including tax evasion, wire fraud, money laundering and evidence tampering. He was indicted in October 2020 and pleaded not guilty.
Lawyers for Brockman said during Tuesday's status conference that his health has continued to decline since a competency hearing was held in November 2021. In a status update filed this month, attorneys wrote that Brockman was hospitalized in late April and early May "and was released into home hospice care."
Defense attorney Jason Varnado told Hanks on Tuesday that Brockman "is receiving 24-hour, around-the-clock care" and "is largely bedridden at this stage."
In May, his lawyers wrote in court filings that Brockman was admitted to Houston Methodist Hospital on April 18 with a urinary tract infection, pneumonia and sepsis, and was released after a 14-day hospitalization. They wrote that he could not swallow and required a feeding tube.
Hanks on Tuesday asked about Brockman's current condition and told defense attorneys to provide updates on Brockman's health before the February trial date.
Hanks ruled that prosecutors met the burden of proof necessary to find Brockman competent to stand trial, citing in part Brockman's continuation at the helm of dealership management system giant Reynolds and Reynolds after his attorneys raised concerns about his cognitive impairment. Hanks wrote that Brockman's professional conduct conflicted with how he presented to his doctors and on cognitive testing.
Brockman's lawyers sought the competency hearing in December 2020, following evaluations by his doctors in 2018 and 2019 and a diagnosis of dementia that caused challenges with retaining and processing information. Prosecutors argued that Brockman was faking symptoms to avoid prosecution.
Lawyers for the government told Hanks they have received medical records from Brockman's attorneys related to his most recent hospitalization.
Prosecutors and defense attorneys said they would work together on a schedule for pretrial motions and discovery by the end of this week.
Hanks also said Tuesday that he would schedule oral arguments, likely in late July, in a separate civil case Brockman filed against the federal government asking for the lifting of a $1.4 billion IRS jeopardy assessment. Government lawyers have claimed that the jeopardy assessment is necessary because Brockman appears to be attempting to move assets out of reach of the U.S. government, which Brockman's counsel has denied.