Ted DiBiase Jr. Files Second Mistrial Motion as Lead Attorney Remains Medically Incapacitated

Ted DiBiase Jr.’s criminal trial resumed today — and within hours, the former WWE star filed another motion asking the court to declare a mistrial.

The latest filing centers on the ongoing medical emergency involving his primary attorney, Jason Scott Gilbert. Gilbert suffered what was described as a “sudden, medical incapacitation” weeks ago, forcing the court to pause the trial while it was already underway. Now, with proceedings restarting, Gilbert is still unable to return.

In a new motion filed today, DiBiase’s co-counsel Eric Herschmann laid out why the defense believes continuing without Gilbert would be unfair. According to the filing, Gilbert’s doctors have not yet determined whether his condition will allow him to proceed at all. Meanwhile, Herschmann made clear that he was never retained to handle the full case.

He explained that he agreed to step in pro bono for a narrowly defined purpose — specifically to handle one witness, and possibly a second, during limited January dates. He and his firm are only familiar with those specific witnesses due to related civil litigation. They are not familiar with the broader criminal case, including key witnesses, investigative reports, recorded statements, or what the motion describes as “millions of documents produced by the Government.”

Herschmann stated that despite reviewing materials recently, it is impossible to adequately prepare to try the entire case on short notice. He also told the court that while he rearranged his schedule at significant personal and professional cost to appear in Mississippi on February 23, he cannot remain there for an extended trial due to other commitments. The motion further notes that upcoming trial dates would conflict with Jewish holidays, during which Herschmann will be in Israel for religious observance and unavailable to work.

The filing also clarifies that DiBiase’s request for Criminal Justice Act (CJA) counsel was not to secure payment for Herschmann, but to obtain fully appointed defense counsel capable of handling the entire trial. The limited retainer — borrowed from family — covered only the originally planned narrow appearance and has already been exhausted.

In short, DiBiase Jr. cannot afford to retain Herschmann for full trial representation. The court has not yet ruled on the motion.

DiBiase Jr. was arrested in April 2023 and faces serious federal charges tied to Mississippi’s largest welfare fraud scandal. He has been charged with one count of conspiracy to commit wire fraud and theft concerning programs receiving federal funds, six counts of wire fraud, two counts of theft concerning programs receiving federal funds, and four counts of money laundering.

The case stems from allegations that more than $77 million in federal funds intended for Mississippi’s poorest residents were improperly distributed to former athletes, wrestlers, and nonprofit organizations. Prosecutors allege DiBiase unlawfully took welfare funds meant for low-income families. He has maintained that the money was legitimately earned through contracted services.

If convicted, DiBiase faces up to 20 years per wire fraud count, 10 years per theft and money laundering count, and five years for conspiracy.

With his lead attorney sidelined and a second mistrial request now pending, the trial’s future once again hangs in the balance.

Do you think the court should grant a mistrial under these circumstances, or should proceedings continue despite the attorney’s absence? Let us know your thoughts below.