Tom Girardi will serve his criminal sentence at a prison facility, not a hospital, a federal judge ruled on Monday, setting the stage for his sentencing to take place on Tuesday.

In a surprise move, Girardi took the stand Monday as part of a rare hearing to determine whether his mental health or medical condition prevented him from serving his prison sentence behind bars. His lawyers attempted to challenge a report prepared by Bureau of Prisons staff psychologists who conducted an in-person evaluation of him earlier this year at a Federal Medical Center in Butner, North Carolina. The report, which was sealed, but whose authors testified on Monday, concluded that Girardi did not require in-patient psychiatric hospitalization, despite signs of having advanced dementia.

See Full Page