Roanoke man, 88, raises age as issue in bankruptcy fraud case
When he enters a federal courtroom next month to face charges of bankruptcy fraud, one thing will not be in dispute: Richard Hamlett is old.
At the age of 88, Hamlett moves slowly and walks with the assistance of a cane. He is believed to be the oldest person charged with a felony in U.S. District Court in Roanoke, at least in recent history.
Hamlett's age – and to what degree it should be considered by a jury – has become an issue in the case.
Prosecutors are asking a judge to exclude any evidence of age or mental deficiency as a defense to the charges, arguing that it would be irrelevant.
"The defendant may seek to portray Mr. Hamlett as a doddering old man who does not know what he is doing merely by virtue of him being elderly," Assistant U.S. Attorney Charlene Day wrote in a motion filed Sept. 10.
But without a mental evaluation and expert testimony to establish diminished capacity, such evidence should not be allowed, Day argues.
Age alone "does not necessarily correspond to mental sharpness," the motion states. "There are plenty of mentally deficient young people, as well as octogenarians who are sharp as a tack. As a result, the defendant cannot rely on the mere implication that, because he is elderly, he must be cognitively impaired."
Hamlett's attorney counters that his age is "100 percent relevant to the facts at consequence."
"The jury can certainly believe that a man who is almost 90 years old is less likely to have the wherewithal, understanding of every step in the process, and the mere desire to accomplish such a nefarious purpose as the government believes he had," Assistant Federal Public Defender Beatrice Diehl wrote in opposing the motion to exclude.
The matter may come up during a pre-trial hearing Tuesday before U.S. District Judge Elizabeth Dillon. Hamlett's trial is scheduled to start Oct. 1.
A 'pattern' of fraud?Hamlett, a long-time Roanoke real estate developer who was once married to the late movie star Debbie Reynolds, is accused of "orchestrating a multi-step fraud" on the U.S. Bankruptcy Court.
Prosecutors say that by early 2023, Hamlett had shown an "established pattern" of filing sham bankruptcy petitions on behalf of his firms, with the sole intent of preventing the foreclosures of his personal property.
After two of the cases were dismissed, Hamlett – under the mistaken belief that he was barred from filing subsequent petitions – forged the signature of his neighbor on another petition that he hand-delivered to the clerk's office of the bankruptcy court, an indictment alleges.
Prosecutors say the neighbor was falsely described as the vice president of Northview Corp., of which Hamlett was president.
When Hamlett showed up to file the document in June 2023, he allegedly told court officials that the vice president was sick. He then claimed to be "George," the man's fictitious nephew, who was there to present the paperwork, according to the indictment.
Court officials became suspicious, and a show cause hearing was ordered to "ferret out what had happened." Hamlett continued to deny that he had filed the petition – first to the bankruptcy judge at the hearing, and later to an FBI agent called in to investigate, the indictment alleges.
"And that wasn't you?" the FBI agent asked Hamlett, according to court records. "You did not go to the courthouse and file that paperwork?"
"No, I didn't," Hamlett replied.
Earlier this year, a grand jury returned an indictment that charges Hamlett with bankruptcy fraud, making a false bankruptcy declaration, perjury, and lying to law enforcement.
An unusual caseIn recent interviews, about a half-dozen veteran defense attorneys said they could not recall another case in Roanoke's federal court that involved a defendant as old as Hamlett.
The U.S. Attorney's Office declined to comment, citing the pending trial. Diehl could not be reached.
Age alone is not an absolute defense to criminal charges, unless the defendant is very young, said Alexandra Klein, a law professor who teaches criminal law at Washington and Lee University.
It can be cited as a mitigating factor at sentencing, such as when a defense attorney raises concerns about their client's physical health in arguing against incarceration. And under certain circumstances, when a mental evaluation shows the defendant was unable to form criminal intent, a jury is allowed to consider age as it affects the mental state of the accused.
Prosecutors say they are not aware of any such evidence in Hamlett's case. Their motion to exclude asks Dillon to prevent the defense from arguing that the "defendant's advanced age, without more, is a defense to the charges that he is facing."
But it may be difficult to totally avoid the issue of age.
"A jury can certainly observe the defendant," Klein said, adding that she was speaking in general and not about a specific case. "A judge will give instructions about what a jury should and shouldn't consider. They do follow the law, but juries can also observe the defendant, and some defendants may be sympathetic."
Rules of criminal procedure require a defense attorney to provide written notice to the court when they plan to introduce expert testimony about someone's mental state that has a bearing on the issue of guilt.
Although she has not done that, Diehl argues in her motion filed Sept. 19 that the jury should be allowed to consider Hamlett's age as one of multiple factors in determining whether he was fully aware of what he was doing.
"It is relevant to show the unlikelihood of the government's version of events – that an 88-year-old man who walks with limited mobility decided to go through a multi-level, months-long plan that involved driving to and fro and editing documents on computers to defraud the United States government," the motion states.
Diehl also argues that Hamlett's age could have caused him to misunderstand the many questions that were put to him.
"Mr. Hamlett's age and the natural consequences of someone who is that age will not be used to argue that he is unable to form the requisite intent," she wrote. "However, his age is relevant in determining whether his actions were a result of ignorance, mistake or accident."
Working the system?During his lifetime in Roanoke, Hamlett became a well-known figure to many.
As a prominent real estate developer, he once owned the Crystal Tower Building in downtown Roanoke, now known as Ponce de Leon Apartments. He developed several large apartment complexes in the region and was involved in other businesses.
He is also the ex-husband of Reynolds, who died in 2016.
Known as "America's Sweetheart" in the 1950s, Reynolds starred in a variety of classic movies including "Singin' in the Rain." She lived part-time with Hamlett in their home on Sugarloaf Mountain southwest of Roanoke.
The 12-year marriage ended with a divorce in 1996. Reynolds later claimed that Hamlett did not repay loans she made to him. She obtained a divorce decree from a Nevada court that ordered Hamlett to pay her nearly $9 million.
After Reynolds brought a lawsuit in Roanoke's federal court seeking the money, Hamlett filed for bankruptcy in an effort to stall the litigation. "The purpose in filing the bankruptcy is to give Richard breathing room by delaying any action by creditors and Ms. Reynolds," his attorney told The Roanoke Times in 1998.
Court records showing all the details of the case's outcome have been archived and were not immediately available.
But more than two decades later, hard feelings remain.
"Richard has gotten away with this sort of thing, taking advantage of the system, for his whole life," Todd Fisher, Reynolds' son, said last week. "He's an expert at working the system."
"I don't have any sympathy for him, given that behavior."
Laurence Hammack
(540) 981-3239
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