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Published: January 19, 2009
TAMPA - Former slumlord Steven Green is in such bad physical condition that it would be legally and morally inappropriate for him to go to prison, his lawyer says in court papers.
Edward M. Kratt is asking U.S. District Judge Susan Bucklew to change Green's 33-month prison sentence to probation because Green sustained severe, and likely permanent, brain injuries when he was hit by a car in May 2007.
The accident happened about three months after Bucklew imposed the sentence for tax evasion and fraud. Green also was ordered to pay $4 million in restitution to Wells Fargo, but that payment has not been completed as Green's representatives say his real estate empire has collapsed.
Green must receive around-the-clock care, can't walk unassisted and is often "in an agitated and combative state when touched by another individual," Kratt wrote. "Attempts by the medical staff to feed or bathe him often resulted in Mr. Green becoming agitated and abusive to his care givers and otherwise physically resisting said efforts.
"His frustration was also exhibited through the shredding of his bed linens with his teeth. As a result of this compulsive and involuntary behavior, few physical therapists have been found willing to work with him to provide for his physical and rehabilitative needs."
Kratt wrote that Assistant U.S. Attorney Robert Mosakowski opposes the change of sentence motion.
Kratt detailed Green's physical and mental problems. He described a telephone conversation with Green, who is being treated in a special wing of the Northeast Center for Special Care in Lake Katrine, N.Y.
According to Kratt, Green believed that his business and real estate activities were going well and that he had traveled recently to Florida, neither of which is true.
"Finally, I spoke to him about his beloved Yankees and asked if he had recently spoken to Joe Torre, a friend of Steve's and former Yankee manager (now managing the Los Angeles Dodgers)," Kratt wrote. "He stated that he had spoken with him and that Torre was doing a great job with the Yankees. Toward the end of the conversation, I heard Steve tell his mother, 'I'm talking with Joe Torre.'"
Kratt said he submitted to the court a DVD of a video recording he made of Green tethered to a wheelchair at the treatment center. The recording was submitted to the court under seal.
Green managed low-income apartment complexes and was once one of Tampa's worst code violators.
He defrauded Wells Fargo by using a false Social Security number on a $9 million mortgage application for the Amberwood apartment complex on North Florida Avenue.
Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.
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