Ted DiBiase Jr.’s legal battle is pressing ahead after a federal judge rejected his latest attempt to stop the case in its tracks, even as his lead attorney remains sidelined by a serious medical emergency.

The United States District Court for the Southern District of Mississippi has denied DiBiase’s motion for a mistrial, marking the second failed effort by the former WWE talent to pause proceedings connected to Mississippi’s sweeping welfare fraud investigation. His legal team argued that continuing without primary counsel would severely hinder his defense.

DiBiase’s lead attorney, Jason Scott Gilbert, suffered what court documents described as a sudden medical incapacitation, forcing the trial into a temporary pause while it was already underway. As the case resumes, Gilbert is still unable to return, leaving the defense scrambling.

Co counsel Eric Herschmann told the court that Gilbert’s condition remains uncertain.

“Gilbert’s doctors have not yet determined whether his medical condition will allow him to proceed with trial.”

Herschmann also stressed that he was never brought in to run the full case. Instead, he agreed to step in on a pro bono basis for a narrowly focused assignment tied to a specific witness.

“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.”

According to filings, Herschmann and his team do not have full command of the broader case, which involves extensive discovery, witness interviews, investigative reports, recorded statements, and millions of government documents.

“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 attempting to get up to speed, Herschmann told the court that assuming control of the entire defense at this stage would not be feasible. He also cited prior professional commitments and religious obligations, including upcoming Jewish holidays requiring travel to Israel, as limiting factors in remaining in Mississippi for a prolonged trial.

The defense clarified that DiBiase’s request for Criminal Justice Act counsel was not intended to secure payment for Herschmann, but to appoint a fully retained attorney capable of managing the entire case. Court documents indicated that funds DiBiase had borrowed from family were already depleted covering Herschmann’s limited role.

The judge ultimately denied the mistrial motion during recent proceedings, though detailed reasoning for the decision has not yet been publicly outlined.

DiBiase was arrested in April 2023 and is facing multiple federal charges, including conspiracy to commit wire fraud, wire fraud, theft concerning federal funds, and money laundering. Prosecutors allege he played a role in a scheme involving more than 77 million dollars in welfare funds meant to support Mississippi’s most vulnerable residents. A conviction could result in decades behind bars, with wire fraud counts carrying potential 20 year sentences each.

With the mistrial request turned away, the case now moves forward, leaving DiBiase confronting a pivotal and potentially life altering courtroom fight.