Next month’s hearing to determine whether Tom Girardi is competent to stand trial could end up looking more like a bench trial that would feature colleagues testifying about his changed mental state.

At a Friday hearing in downtown Los Angeles, U.S. District Judge Josephine Staton of the Central District of California said she was not inclined to allow Girardi’s legal team to add an independent criminal defense lawyer to the list of experts, which already includes neurologists and neuropsychologists on both sides. But she was open to the possibility of allowing lay witnesses who could testify whether they believed Girardi is malingering or had a changed mental state over a period of time.

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