Ted DiBiase Jr.’s criminal trial will move forward after a federal judge denied his latest attempt to have the case thrown out, despite his lead attorney remaining sidelined by a serious medical emergency.
The United States District Court for the Southern District of Mississippi rejected DiBiase’s motion for a mistrial, marking the second time the former WWE star has failed to halt proceedings tied to his role in the state’s massive welfare fraud scandal. The decision comes after DiBiase’s legal team argued that continuing without his primary attorney would be unfair and compromise his defense.
DiBiase’s lead lawyer, Jason Scott Gilbert, suffered what was described in court filings as a “sudden, medical incapacitation,” which forced the trial to pause weeks ago while it was already underway. With the trial now resuming, Gilbert remains unable to return, leaving DiBiase’s defense in a difficult position.
In the latest filing, co-counsel Eric Herschmann explained that Gilbert’s medical outlook remains uncertain and warned that proceeding without him creates serious legal disadvantages.
“Gilbert’s doctors have not yet determined whether his medical condition will allow him to proceed with trial.”
Herschmann also made clear that he was never hired to handle the full criminal case. Instead, he stepped in temporarily without pay to assist with a very limited portion of the proceedings.
“He was retained pro bono for a narrowly defined purpose: to handle one specific witness (and possibly a second, depending on scheduling) during limited January dates.”
Because of that limited role, Herschmann and his legal team are not fully familiar with the broader scope of the government’s case, which includes extensive evidence and documentation.
“They are not familiar with the broader facts, key witnesses, or the extensive discovery in DiBiase’s criminal case, including witness interviews, investigative reports, recorded statements, or the millions of documents produced by the Government.”
Despite making efforts to review materials, Herschmann told the court that taking over the entire defense on short notice would be impossible.
He also noted that his ability to remain in Mississippi for an extended trial is limited due to prior professional obligations and religious commitments, including upcoming Jewish holidays that will require him to be in Israel.
The motion also clarified that DiBiase’s request for Criminal Justice Act counsel was not about securing payment for Herschmann, but rather obtaining a fully appointed attorney capable of managing the entire trial. Court filings revealed that the limited funds DiBiase had available — borrowed from family — were already exhausted covering Herschmann’s initial, narrowly defined role.
Despite these arguments, the court denied the mistrial motion during recent proceedings. The exact reasoning behind the judge’s decision has not yet been publicly confirmed.
DiBiase was arrested in April 2023 and faces multiple serious charges, including conspiracy to commit wire fraud, wire fraud, theft concerning federal funds, and money laundering. Prosecutors allege he was part of a scheme involving more than $77 million in welfare funds intended to help Mississippi’s poorest residents. If convicted, DiBiase could face decades in prison, including up to 20 years per wire fraud count.
With the mistrial request denied, DiBiase’s case will now continue, placing him in a high-stakes legal battle that could determine his future.
Do you think the court made the right decision by denying the mistrial despite his attorney’s medical emergency, or should the trial have been delayed further? Share your thoughts and feedback in the comments.