The federal prosecution of a former Sutherland Asbill & Brennan partner for allegedly stealing millions of dollars from a longtime Sutherland client will be delayed—at least temporarily—while a judge considers whether the 76-year-old attorney is incompetent to stand trial due to dementia.U.S. Magistrate Judge Linda Walker on Friday stayed the criminal prosecution of Bennett Kight and in a teleconference on Tuesday directed federal prosecutors and Kight’s defense counsel to select a physician who will examine Kight and prepare a report on his mental capacity.
According to Kight’s defense team, a physician with whom Kight consulted last year said that an MRI of his brain revealed a “black hole”—caused by the apparent death of brain cells—in an area of the brain that affects judgment, memory, motivation, and personality. Over the objection of prosecutors, Walker granted a motion to seal the underlying medical records.
