Sam Bankman-Fried’s defense team filed a motion on Sunday evening that states that he has “not [had] his prescribed dose of Adderall during trial hours,” with the footnote that he “has been given one dose between 4:00 am and 6:00 am… which wears off by the time trial starts at 9:30 am.”
The footnote also clarifies that Bankman-Fried receives a second dose of Adderall “between approximately 8:00 pm and 9:00 pm.”
The motion alleges that Bankman-Fried “will not be able to meaningfully participate in the presentation of the defense case” without having access to “a 12-hour extended-release 20mg dose of Adderall in the morning before he is transported to the courthouse.”
The motion cleverly includes the caveat that “even if [SBF is given extended-release Adderall] there is no way of knowing… whether [it] will be effective.”
Real problem or possible solution?
While Bankman-Fried has previously complained of an inability to receive medication while in jail, this latest problem looks at least to open up a convenient solution for the on-trial former billionaire; namely, the potential to claim a mistrial at some point in the future.
It could very well be that Bankman-Fried is finding it difficult to focus before much of the trial has taken place daily and it’s absolutely worth ensuring that the alleged fraudster has his medical needs met.
However, the caveat of not knowing if altering the medication will be effective paves the way for a future motion or appeal that could suggest Bankman-Fried was improperly medicated and therefore misrepresented himself on the stand or otherwise was unable to prepare a proper defense.
What’s clear, regardless of whether the motion for an alteration in medication goes forward or not, is that the defense will be throwing as many wrenches into the prosecution’s plans as possible – usually in ways that journalists, the public, and – hopefully for the defense team – the prosecution haven’t yet considered.