Lawyer seeks skills assessment of ex-Norfolk sheriff ahead of sentencing in corruption case
Former Norfolk Sheriff Bob McCabe was convicted in a public bribery trial in August.
NORFOLK, Va. (WAVY) – Ahead of a sentencing hearing scheduled for May, the attorney for former Norfolk Sheriff Bob McCabe is seeking a jurisdictional hearing to determine if he is able to continue to help with his own defence.
McCabe was convicted in a public corruption trial in August. McCabe oversaw the Norfolk City Jail as sheriff in Norfolk for more than two decades, during which time he received kickbacks from two jail vendors and corporate CEOs in exchange for favorable actions concerning prison contracts.
In a motion filed Jan. 14 in the U.S. District Court for the Eastern District of Virginia, McCabe’s attorney asked the federal court to order a competency evaluation.
Documents indicate that McCabe, 63, had previously been diagnosed with early Alzheimer’s disease. A recent assessment carried out at the Pamunkey Regional Jail where McCabe is being held reveals that he also suffers from dizziness, sensory neural loss and mild paroxysmal vertigo.
McCabe was held in solitary confinement at Pamunkey Regional Jail for 23 hours a day before his scheduled May 20 sentencing. These conditions will continue until his sentencing, according to the documents.
“The attorney met with and spoke to Mr. McCabe and became increasingly concerned that his medical conditions, coupled with the conditions of his confinement, caused significant cognitive decline,” the petition states.
McCabe’s attorney is asking the court to order a psychological exam to determine if the former sheriff is competent to pursue his case. The request also requests that a report of the findings of the review be filed with the court and provided to the parties to the case prior to a hearing.
McCabe was found guilty of 11 counts, including conspiracy to commit honest services mail fraud, honest services mail fraud, conspiracy to obtain property under cover of official law, obtaining property under official law and a conspiracy to launder money.
McCabe faces up to 20 years in prison for each charge.