CLEVELAND -- The defense has rested without calling witnesses in the Cleveland trial of a mysterious defendant charged in a $100 million, cross-country veterans charity fraud.

Some jurors looked surprised as the defense rested Tuesday afternoon in the case against the defendant, who identifies himself as 67-year-old Bobby Thompson. Authorities identify him as Harvard-trained attorney John Donald Cody.

The defendant had been expected to testify.

But his attorney says his client was concerned about his mental state if he faced aggressive cross-examination by prosecutors.

The judge began instructing the jury but recessed until Wednesday.

The jury will get the case after final statements. The ex-fugitive is charged with looting the United States Navy Veterans Association, a charity he ran in Tampa, Fla. The charges include racketeering, money laundering, theft and identity theft.