Sam Bankman-Fried, the former CEO of FTX, might take the stand in his ongoing criminal trial for fraud. However, a significant impediment stands in the way—Bankman-Fried’s inadequate access to prescribed ADHD medication, Adderall, while in federal custody. As stated in a recent letter to Judge Lewis Kaplan, the defense has expressed growing concern about his ability to concentrate and meaningfully participate in the trial.
Bankman-Fried’s defense attorney, Mark Cohen, made it clear in the letter that the lack of proper medication affects Bankman-Fried’s cognitive abilities as the trial moves closer to a decision-making point. It’s a pivotal moment in the case. If Bankman-Fried testifies and appears unfocused, the jury may interpret this as a sign of guilt, undermining the defense’s efforts.
Cohen highlighted the challenges in dealing with the Bureau of Prisons (BOP), which has been largely unresponsive to calls and emails. Despite Bankman-Fried’s medical needs, the BOP has been reluctant to administer adequate doses of Adderall during trial hours. A suboptimal, single morning dose wears off when the jury enters the courtroom, making it increasingly difficult for Bankman-Fried to participate actively in his defense.
Why it matters
This situation raises fundamental questions about the fairness of trials, specifically for defendants with health issues that require medication. It brings to light the broader systemic issue of how the bureaucracy of justice can work against a defendant. Although some might argue that a defendant’s medical condition is secondary to the charges levied, the integrity of the judicial process relies on the accused being able to mount an effective defense.
The prosecution is expected to wrap up its case by October 26, leaving the defense in a tight spot. If the current state of affairs persists, Cohen suggests adjourning the trial for one day to determine a medication regimen that works. Another proposed alternative is a court order permitting the defense attorney to provide Bankman-Fried his medication during trial days.
The next few weeks will be critical, not just for Bankman-Fried and his defense team, but also for the justice system, spotlighting whether it can adapt to ensure a fair trial for all defendants.
