Suspect Called Too Ill For Trial

By ELAINE SILVESTRINI The Tampa Tribune

Published: Aug 3, 2007

TAMPA - Alex Toth, a former lottery multimillionaire, is now in such poor health he cannot withstand a trial on tax fraud charges, according to a letter written by his doctor.

Toth and his wife, Rhoda, won $13 million in Florida Lotto 17 years ago, but say they lost it all through gambling, gifts and living the high life.

The money created rifts in their family, leading to a lawsuit between Rhoda Toth and her son in 1996.

Last year, IRS agents arrested the couple, charging them with filing false tax returns. The government is seeking $500,000 from them.

By the time the couple were charged, authorities said they appeared to have no assets. The lottery money was long gone, and the Hudson couple was living in squalid conditions, their only electricity coming through an extension cord rigged to their car engine.

The criminal tax case is making its way through the courts. Documents on file say Rhoda Toth expects to enter a guilty plea.

Alex Toth's attorney is asking a judge to rule him incompetent to stand trial.

Toward that end, defense attorney Bjorn E. Brunvand filed a letter with the court from physician Gary Levine, who said Alex Toth has been involved in "multiple motor vehicle accidents," the most recent one on June 4.

Toth has "chronic pain syndrome," the physician wrote, as well as Type II diabetes; a poorly controlled, penicillin-resistant staph infection; and a history of severe esophagitis, gastritis and degenerative joint and disc disease.

"He also has chronic anxiety and panic attacks," Levine wrote, and is taking multiple medications.

"I do not feel that Mr. Toth could withstand any type of lengthy trial," Levine wrote. "I do not feel that he could sit or stand for any length of time whatsoever … I do not feel that his diabetes and chronic pain would allow him to sustain any confinement in a prison and I do not think this would be in the best medical interest for Mr. Toth."

Levine suggested that if the court could "afford some type of probation for Mr. Toth, I feel that it would be in the best medical interest for him."

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.