A declaration of mental incompetency could even further delay the corruption trial of Joseph "JoJo" Giorgianni, Mayor Tony Mack and Mack's brother Ralphiel.
TRENTON - Joseph "JoJo" Giorgianni should be declared mentally incompetent and unable to stand trial on corruption charges alongside Mayor Tony Mack in January, Giorgianni's attorney has argued in papers filed in federal court.
Attorney Jerome Ballarotto is seeking a court hearing that could result in an order finding that Giorgianni is "unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense," according to federal statute.
If Giorgianni is found incompetent, it could further delay the trial of Mack, Giorgianni and Mack's brother Ralphiel. The trial is currently scheduled to start in January.
The trio were arrested Sept. 10, 2012 on charges they took bribes for assisting in a Trenton parking garage development, which turned out to be an FBI sting.
Giorgianni, 64, has been indicted on six counts of corruption in that case and seven counts of drug related charges in a separate investigation into a prescription pill ring.
If he is found incompetent, Giorgianni would be hospitalized at a "suitable facility" for up to four months. He could remain there longer if authorities wait to see if his condition improves, or dismiss all charges against him, the federal statute reads.
A spokeswoman for the U.S. Attorney's Office said this week the office would "respond in the appropriate manner" to the motion. Ballarotto could not be reached for comment this week.
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