Brockman's doctor says he noticed impairment three years ago

HOUSTON — Bob Brockman’s primary care physician testified Monday that he had suspicions that the former Reynolds and Reynolds Co. CEO was cognitively impaired three years ago, prompting him to refer Brockman to specialists for evaluation.

Dr. James Pool’s testimony came on the sixth day of testimony in a competency hearing, which has entered a second week, to determine whether Brockman can stand trial on federal charges of tax evasion and wire fraud.

Brockman’s lawyers began to call witnesses Monday after prosecutors had finished questioning their own witnesses.

Pool, who is affiliated with the Baylor College of Medicine in Houston, testified that he first saw Brockman, now 80, in 2018 after he was referred by Brockman’s urologist, Dr. Seth Lerner, also of Baylor. Brockman had shared that his “memory is failing more,” including the ability to recall names, Pool testified.

Brockman, who at the time of that visit remained at the helm of the privately held dealership management system provider, had a “take-charge, in-charge persona” consistent with his position, Pool testified. But he also displayed reduced facial expressions, which Pool called “one of the most striking things about our early conversations.”

“The depth of reporting of details when I would ask questions made me concerned during the very first visit that there was impairment of short-term memory,” Pool testified in response to questions from Brockman lawyer Jason Varnado. “I wasn’t getting the kind of responses that I would expect, nor was the entire content of the response what I would expect. So that made me suspicious.”

Brockman had not been diagnosed with Parkinson’s disease at the time of that visit, Pool testified. He made referrals to Baylor colleagues for follow-up testing, including with neurologists who specialize in Alzheimer’s disease and Parkinson’s disease and with a neuropsychologist.

Those physicians’ evaluations led to a diagnosis that Brockman’s symptoms were consistent with Parkinson’s disease or Lewy body dementia, according to court filings in the case, including in defense lawyers’ December 2020 request for a competency hearing.

“In Mr. Brockman's case, his recent neurological tests show mild to moderate dementia,” Pool wrote in a January 2020 letter submitted at the request of defense attorneys, noting that he did not believe Brockman would be able to assist in his defense. He cited in the letter that Brockman has “undeniable short-term memory limitations” and that his recollection of past events may be affected by his memory filling in gaps with information that may not be accurate.

Prosecutors have noted in court filings that Brockman has donated millions of dollars to the Baylor College of Medicine and contend that Brockman’s presentation to his doctors does not match his behavior in activities outside of exam rooms, including leading Dayton, Ohio-based Reynolds and Reynolds. Brockman had both the motivation and capacity to exaggerate his symptoms in this case, prosecutors maintain.

Under cross-examination by prosecutors, Pool testified that Brockman had not told him he was under criminal investigation and that he did not consider the case as part of his assessment and treatment once he learned of its existence.

Frank Gutierrez, a home health care aide who has worked with Brockman since April 2021, testified Monday that Brockman has had episodes of confusion that have grown more frequent over time.

Gutierrez, who said he began to work with Brockman following a hospitalization in March, said he assists Brockman with daily activities — including helping him out of bed and to the bathroom, and administering medications — on 12-hour shifts during the day. A separate caregiver assists Brockman overnight, Gutierrez testified.

Defense attorneys have reported in court filings that Brockman was hospitalized in March and in late May and early June with urinary tract infections that led to sepsis. Gutierrez testified that he began to work with Brockman after his March hospital stay.

After the second hospitalization this year, Gutierrez testified, Brockman began to appear confused, including about his whereabouts, and talked about needing to go to the office and asking for his car keys.

Varnado asked Gutierrez whether he has any doubt today that Brockman’s physical and mental symptoms are real.

“They’re real,” Gutierrez testified in response.

On their cross-examination, prosecutors asked Gutierrez whether it was correct that a patient’s physical inability to perform a task doesn’t necessarily mean that the patient is mentally incapable of completing a task. Gutierrez testified that that was correct.

He also testified in response to a government lawyer’s questions that he could not speak to Brockman’s mental state prior to April of this year.