Michael Reddy (“Reddy” or “Defendant”) is charged with thirteen counts of mail and wire fraud in connection with an alleged scheme to defraud Electronic Data Systems, Inc. (“EDS”). On May 31, 2002, Reddy moved for an order severing his trial from that of his co- defendants and continuing the trial indefinitely on the grounds that Reddy’s poor health would prevent him from “effectively preparing his own defense,” and that a trial would have “a deleterious effect on his health which would put him in substantial danger.” (Defendant’s Brief in Support of its Motion for Severance and Continuance at 1.) In June 2002, the Government decided not to oppose Reddy’s motion for severance and continuance, and the Court subsequently granted the motion, concluding in a Memorandum Opinion issued on June 18, 2002 that Reddy was “physically unable to stand trial and that such inability is expected to last indefinitely.” United States v. Reddy, et al., No. S301 CR. 00058(LTS), 2002 WL 1334823 at 13 (S.D.N.Y. June 18, 2002). After the trial of Reddy’s co-defendants in Fall 2002, which resulted in a hung jury, the Government retained Dr. Michael Grossbard to review Reddy’s medical records. On April 24, 2003, the Government submitted a letter, along with an affidavit signed by Dr. Grossbard, dated April 23, 2003, contending that Reddy’s medical condition had changed, that Reddy’s cancer was in remission and that there was no medical reason to believe that the stress of standing trial would have any impact on whether Reddy’s cancer would recur or on the length of his life. The Government argued that since Reddy’s “future prognosis was inherently uncertain,” it would no longer be prudent to delay Reddy’s trial. The Government, therefore, requested that the trial commence within seventy days. (Government’s Apr. 24, 2003 letter at 1-2.) On May 30, 2003, Reddy filed a letter opposing the Government’s request to schedule the trial, which was accompanied by letters from Dr. Jason Shatkin (dated May 8, 2003), Reddy’s treating pulmonologist, and Dr. Louise Ligresti (dated May 22, 2003), Reddy’s treating oncologist. On July 9, 2003, the Government submitted a letter to the Court which was accompanied by a letter from Dr. Grossbard, dated June 29, 2003, detailing the results of Grossbard’s physical examination of Reddy on June 24, 2003. The Court then conducted an evidentiary hearing on the matter, which began on August 7, 2003 and was continued on August 20, 2003. Reddy then submitted a memorandum of law in opposition to the Government’s request to schedule Reddy’s trial on August 29, 2003, and the Government responded with a letter dated September 4, 2003. Defense counsel represented in a letter, dated September 8, 2003, that Reddy had recently spent three nights in the hospital for “extreme stomach pain and diarrhea,” before being discharged. In a letter dated September 8, 2003, Dr. Shatkin confirmed that Reddy had indeed been hospitalized as a result of “intractable diarrhea,” which, according to Shatkin, Reddy’s doctors have yet to find a way to control medically.
The Court has considered thoroughly all of the submissions and live testimony proffered by both sides. Given the expected length of the trial, the complexity of the issues involved, the currently fragile state of Reddy’s health, and the likely effects that a protracted trial would have on Reddy’s future health, the Court concludes that Reddy is not physically competent to stand trial at this juncture. Therefore, and for the reasons that follow, the Government’s request that Reddy’s trial be scheduled is denied, and the continuance granted on June 18, 2002 shall remain in effect.
