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Will Allen Stanford Testify? If So, How?

Bruce Carton | February 24, 2012

In Houston, the criminal fraud trial of Allen Stanford is entering the home stretch with one looming question: Will Allen Stanford take the stand and testify in his own defense? That question will probably be answered in the next day or so of trial, The Chronicle reports

As The Chronicle notes, there is no requirement that Stanford take the stand or for his lawyers to advise the court and the prosecution as to their intentions until the very last moment. However, as Business Week points out, Stanford's lawyers specifically told the jury in their opening statements on Jan. 24 that they would hear from Stanford during the trial.

Assuming Stanford does choose to testify, it is quite unclear to me how that would work. In December 2011, Stanford's lawyers argued that the trial could not go forward because, as the result of a jail fight that caused him head trauma, Stanford had "no independent recollection of personal life events or business dealings that predated the head trauma he sustained in the September 2009" fight. The prosecution argued against any delay, and argued that "convincing, reliable evidence demonstrates that Stanford is faking memory loss." The judge ultimately ruled in the prosecution's favor, finding that Stanford was competent to stand trial despite his doctors' and lawyers' assertions.

Given Stanford's claim just two months ago that he had no independent recollection of any events in his life prior to September 2009, how could Stanford testify about the events at issue in his case which all predate September 2009? Would this require a miracle recovery of memory? Can anyone shed some light on this for me?