CLEVELAND, Ohio – Bobby Thompson, accused veterans charity swindler, will not testify in his own defense.

His attorney, Joseph Patituce, said late this morning in Cuyahoga County Common Pleas Court that there was concern about the defendant’s physical and mental ability to testify and withstand cross-examination by the prosecution.

Patituce later said he planned to rest his case before the jury this afternoon.

Prior to Patituce’s announcement, Judge Steven Gall told the defense and prosecution, without the jury being present, that last Tuesday Thompson had been banging his head against the wall of a holding cell.

He said Thompson refused medical attention and a jail psychiatrist reported that Thompson was not taking any medication.

The announcement that Thompson would not testify capped a tumultuous morning that started when Thompson reportedly refused to leave his jail cell.

As he was being brought to court in the standard orange jail uniform and shackles, he decided to change into the more formal civilian attire that he has been wearing to court during the past six weeks.

But when Thompson finally appeared in court, he was disheveled and defensive. He wore no tie, his shirt was unbuttoned to the navel, exposing his bare chest, and his hair was wildly tousled.

When invited by Judge Gall to button up, Thompson did so but later repeatedly refused to answer when the judge asked if he planned to testify in his own defense.

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Each time Gall asked if Thompson was going to testify, the defendant whispered to his attorney. At one point an exasperated Gall told Thompson to stop whispering to his attorney and answer the question.

Thompson remained silent.

Gall then gave Thompson the option of cleaning up his appearance and returning with an answer, which the defendant took.

After the break Thompson was wearing a different shirt, but still no tie, and his hair in disarray. He sat quietly while Patituce made the announcement.

Authorities have charged that Bobby Thompson is a stolen identity used by John Donald Cody when he ran the U.S. Navy Veterans Association and bilked donors out of more than $100 million nationwide.