Earlier this month, McGirt, whose case reaffirmed the sovereignty of several Oklahoma tribes, pleaded ‘not guilty’ to felony charges and is set to stand before a jury June 2.

On Tuesday, McGirt’s tribal court attorney Richard O’Carroll filed a motion to request a mental health expert, or forensic psychologist, to examine McGirt.

According to the motion, at 76, he suffers from memory issues.

“(O’Carroll) has had scores of conversations with (McGirt), who informs you that he has a failing memory and the slightest interruption will cause him to lose his train of thought,” the document reads. “18 USCA 2250 indicates that extenuating circumstances can be a defense to failing to register and in this case some of the government’s claims are just hours old.”

O’Carroll said, despite this, McGirt can still go to trial.

“This isn’t about him being incompetent. He was having problems when I represented him back in 2020, but he was still fit for trial,” he said. “This is about making sure the court takes everything into consideration.”

McGirt is charged with four counts of failure to register as a sex offender, including failure to update his address when he moved, failure to notify law enforcement he was residing in a home with a minor, failure to notify he was living within 2,000 feet of a playground and failure to disclose a social media account and email address.

In court documents submitted last week, an unopposed motion for a protective order for minor witnesses was filed, indicating McGirt may have been in contact with a child during his supervised release.

These charges are unrelated to the original crimes he was convicted of in state court, which were later thrown out and re-adjudicated. They are instead in connection with his sentencing in Seminole Nation tribal court last year.