Lawyers for Gov. Marvin Mandel today formally asked for a 2 1/2 month delay, in his political corruption trial, claiming that it would be "potentially dangerous to his health and life" if he were forced to stand trial on Wednesday as schedules.
The motion, accompanied by medical affidavits, was made just hours before U.S. District Judge Robert Love Taylor, the third judge appointed to the case, arrived here from his home in Knoxville, Tenn.
Taylor, who has set a hearing on Mandel's health problems for Tuesday, said, "I don't have any feelings" on the motion for delay, and "I have no idea if I'm going to rule on it tomorrow."
However, the 77-year-old judge, whose father was governor of Tennessee, said he prefers to try Mandel and the other five codefendents in the political corruption case at the same time, "if I can," because "you save a lot of duplication that way."
Taylor also made it clear he intends to see the trial out of its end. "I'm gonna try the case if I live and I don't have any doubts about living," he told reporters at the federal courthouse here.
The formal motion, filed by Mandel's chief attorney Arnold M. Weiner and two associates, offered little now information about the condition of the governor, who was taken to Prince George's general Hospital last Tuesday, eight days before the trial was scheduled to begin.
The motion simply restated what Mandel's three doctors have previously announced at news briefings, and announced that the governor war willing to be examined by a court-appointed doctor if need be.
It is the opinion of Mandel's doctors, the motion said that the governor has suffered a "disorder in the left hemisphere of his brain, probably a mild stroke." Mandel, it quoted the doctors as saying, needs a minimum of two weeks in the hospital and two more months "during which he avoids unusual stress and resumes physical activity on a gradual basis."
The three doctors who examined Mandel are Dr. Perry Hookman, the governor's family doctor, Dr. Marvin Korengold, a clinical assistant professor in neurology at George Washington University, and Dr. George B. Udvarheyi, a professor of neurosurgery at Johns Hopkins Medical Center in Baltimore.
It is the opinion of the doctors, the motion said, that Mandel would be subjected to a "medically unacceptable risk . . . dangerous to his healtand life" if he is required to go on trial at this time. However, it said, he would be able to go on trial after 2 1/2 months rest without foreseeable problem.