Decision Diagnostics Corp (DECN)

[IPwatcher]

It's the irrationality that combined with the age and medical issues make me feel a wee bit bad for him,

OK. His age is a matter of established fact.
But Medical Issues?
Was he malingering? Sure. But to what extent?
The thing about lying the way Berman did is that you don't get the benefit of the doubt any more. Which is why he is where he now is.
Berman was clearly exploiting his medical issues to defer facing justice to some degree. Because if his medical issues were sufficiently serious to justify the delays that the benefit of the doubt that he was afforded brought him, there would be no reason or need for him to draft his own medical notes, would there? An honest and impartial medical assessment, diligently executed, that addressed the courts questions about his ability to stand trial and the timing thereof would have served that purpose for him more than adequately.
Unfortunately 'honest' and 'impartial; are concepts which Mr Berman seems completely unable to grasp!
We can't easily be sure of Keith's real medical state, but its not much of a stretch to infer that he seems to have sought to exaggerate it in order to remain at liberty and defer his appointment with justice, After all, if he was well enough to continue defrauding and badgering witnesses, and negotiate a $6m loan from Kuwait, he was surely well enough to put his case in front of a jury!?

It may have been his counsel that dobbed him in: This passage is intriguing.

I have had several discussions with Mr. Berman about my retirement from the
practice of law as well as other issues pertaining to the trial of this matter. Without divulging the
substance of these discussions (although, if requested, certain of these discussions can be provided
in camera)

If Berman was potentially implicating his lawyer in his criminality, then that could be grounds for the lawyer to terminate the client... which is quite difficult... but which just happened to Berman a few weeks back:

Most of the discretionary reasons for withdrawal listed in the rule are fairly specific and state a cause for withdrawal:

“the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent;
the client has used the lawyer’s services to perpetrate a crime or fraud;
the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has fundamental disagreement;
the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled

Well... Berman seems to have covered those bases!

... And from the motion to revoke:

First, the defendant’s violative behavior has persisted despite repeated and
explicit admonitions by the Court and his counsel.

The
defendant’s persistent and increasingly brazen violations – despite the numerous admonitions from
his counsel and the Court – establish that he is unlikely to abide by any condition of release.

So It seems like Berman's erstwhile and now blessedly relieved co-counsel was struggling with his client somewhat. While it is still just speculation, its not too much of a stretch to suspect that his lawyer was placed in an ethical dilemma that was inconsistent with continued representation without implicating himself in Berman's ongoing criminality.

Medical issues or no, severe or otherwise, it was Berman's own actions and decisions that put him into jail. He walked himself in there and kicked the door shut behind him! Plain and simple. Despite the judge, the prosecution and his own lawyer screaming at him to desist!