Jared Lee Loughner: Feds Want To Keep Tucson Shooting Suspect Medicated

PHOENIX — The suspect in the Tucson shooting rampage should remain forcibly medicated with psychotropic drugs despite his lawyers' claims that doing so violates his due-process rights, prosecutors said Wednesday.

Jared Lee Loughner's lawyers had earlier asked the 9th Circuit Court of Appeal to stop the forcible medication of their client at a federal prison facility where doctors are trying to make him mentally fit to stand trial.

Prosecutors told the court in a filing Wednesday that officials at the prison determined at an administrative hearing that Loughner should be forcibly medicated because his outbursts there posed a danger.

Loughner has pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13, including Rep. Gabrielle Giffords. The 22-year-old has been at a prison facility in in Springfield, Mo., since May 27 after a judge concluded he was mentally unfit to help in his legal defense.

He was forcibly medicated between June 21 and July 1 after prison officials concluded his outbursts at the prison posed a danger to others.

The appeals court temporarily halted the medication. But prison officials resumed medicating him July 19 after they concluded his psychological condition was deteriorating and put him on round-the-clock suicide watch. The court later lifted its ban on medicating Loughner.

At issue in Loughner's appeal is whether prison officials or a judge should decide whether a mentally ill person who poses a danger in prison should be forcibly medicated. Prosecutors say the decision is for prison officials to make, while Loughner's lawyers say it's up to a judge.

The 67-page filing by prosecutors lays the groundwork for an Aug. 30 hearing before the appeals court in San Francisco over forced medication. It provided little new detail on Loughner's behavior in prison. Several pages of the filing were redacted nearly in full to omit details from documents that are under seal.

If Loughner is later determined to be competent enough for trial, the court proceedings will resume. If he isn't deemed competent at the end of his treatment, Loughner's stay at the facility can be extended.

Loughner's lawyers haven't said whether they intend to present an insanity defense, but they noted in court filings that his mental condition will likely be a central issue at trial.

A message left for lead Loughner attorney, Judy Clarke, wasn't immediately returned Wednesday afternoon.

Comments

[Fiona Mackenzie]

05:16 AM on 09/25/2011

Insanity at law is a sticky wicket, not what you and I commonly envision as insanity. Loughner presents a rare but extremely tricky double bind, a classic Catch 22.

His representa­tives would like, of course, to have him found not guilty by reason of insanity (or, as it is often called now, "guilty but insane"), but cases qualified for that defense are a slim and dwindling sliver at law--and it's 'way down the road from here.

The problem, the really serious problem facing Arizona prosecutor­s is the double bind presented by (a) the constitutional requiremen­t that he not be tried unless and until he is competent to assist in his defense, that is, not flamingly psychotic; (b) he cannot be compelled to cooperate by, say, taking medication to restore competence sufficient to be tried; and (c) he cannot be held indefinitely without being released, just because he is not competent to stand trial.

There is no question in my mind that he, with the assistance of counsel, is gaming this situation to the max. It's an uncomfortable spot for the State to be in.

[Fiona Mackenzie]

05:08 AM on 09/25/2011

Insanity in law is a sticky wicket, not what you and I commonly envision as insanity. Loughner presents a rare but extremely tricky double bind, a classic Catch 22.

His representatives would like, of course, to have him found not guilty by reason of insanity (or, as it is often called now, "guilty but insane," but cases qualified for that defense are is a slim and dwindling sliver at law--and it's 'way down the road from here.

The problem, the really serious problem facing Arizona prosecutors is the double bind presented by (a) the requirement that he not be tried unless and until he is competent to assist in his defense, that is, not flamingly psychotic.

[molamark]

04:02 PM on 08/13/2011

still waiting and wondering about blatant censorship in this forum. Why did you run JFK story only to block all poat w most rcent evidece see fooks Legacy of Secrecy and Ultimate sacrifice . I thouhgt you had integrity . MODERATORS at least respond . Post are factual and no where near fruit cake post on govt causing 9/11 Are you afraid ? Google CIA w holds nearly million docs in JFK assn I know this post will dissappear like all the rest but why run the story then censor the posts ?

[Kbob Shocked]

12:36 PM on 08/12/2011

Of course he is insane. Why the heck wouldn't he be after killing so many innocent people. He should be put out of our misery completely. He will never get better so why should we the tax payers pay for his room and board at roughly $30,000 a year until he dies in prison.

[molamark]

09:40 PM on 08/11/2011

bro u need help

[molamark]

03:07 PM on 08/11/2011

see where you are coming from. Let's agree to disagree . I appreciate your well documented answer but feel that the issue bears further examination. I am truly sorry for what you have been through and hope things are going better

[CHMB]

02:58 PM on 08/11/2011

"...where doctors are trying to make him mentally fit to stand trial."


Of course they do, so that way, the Feds can stick a needle in his arm, all whilst saying that he was sane at the time of his trial, even though he clearly is not sane!

[molamark]

12:00 AM on 08/12/2011

supreme court ruled insane can not be executed. issue is ongoing . Nothing can make him mentally fit-only less insane while medicated . If clerk wouuld have noticed any bizzare behavior and not made sale tragedy averted perhaps, allthouh psychotics can act sane for short periofd of time. Sooner or later he would have acted on paranoid psychotic ideation IMO

[molamark]

04:28 PM on 08/11/2011

We are a free country. We are not Nazis. We dont execute people for their opinions . Micheal Moore has not killed anyone . How does your logic tell you this statement is OK ?This is not Iran . Who are you to say someone should be executed for making movies.? Come on !

[molamark]

11:54 PM on 08/11/2011

your thoughts are twisted . You are not making sense . execution= killing for what ? who made you the judge ? Chill out . Over and out a veteran-

[Deegeejay]

04:57 PM on 08/12/2011

I'm not twisted - it is obvious to me that over the edge liberals are inciting violence with their lies. Note the flash mobs around the country of Obama voters using social media to gather flash mobs to loot, steal, vandalize, and commit violence against the innocent. Is this really what you fought for "veteran"?? You better wake up before it is too late.

[molamark]

08:11 PM on 08/12/2011

thanks for your advice. here some for you-dont demean the word veteran unless u got a 214 . dismissed

[Carol Hoyer]

02:35 PM on 08/11/2011

Good, let's kill all mentally challenged kids, those born with birth defects and other problems. That will help all of you who don't understand mental illness and how it impacts someones life in everyway.

[molamark]

04:29 PM on 08/11/2011

I believe Herr Hitler gave that a try . I am your fan, This thread needs psychiatric intervention

[molamark]

02:14 PM on 08/11/2011

I am certain that no resposible NRA member would oppose resrictions on the mentally ill owning firearms if yes I quit A veteran

[David Carson]

05:30 PM on 08/11/2011

you are correct--the regular proRKBA folks here support limits on firearms ownership people with significant mental problems after appropriate judicial review (and I am one of those regular proRKBA posters), although I do have a major problem with the HP posters who like to pretend that merely choosing to legally own firearms is proof positive that those people are too mentally ill to own firearms

[molamark]

09:15 PM on 08/11/2011

Hi Dave , I'm having a little trouble understanding the part about The HP posters who pretend... ect I am for the 2nd amendment because the police can not defend me, I am a veteran who knows what firearms can do , I believe that the founding fathers intended to protect us as armed citizens from being taken over by a lunatic fringe in our country or elsewhere . All of our freedoms rest on this amendment. The fate that has befallen other countries where the citizens were not armed and swiftly conqured by there own military are many Many of my tamer friends are shocked when I express this view . With this right comes great responsibility-one of which is teaching gun safety and the NRA does a great job there. More women IMO should be instructed and armed for protection from predators . Thanks a vet

[advocatusdiaboli]

02:06 PM on 08/11/2011

I recommend cyanide, intravenously.

[LMPE]

01:28 PM on 08/11/2011

Keeping this guy medicated is the least that they need to do.

[Willie12345]

01:25 PM on 08/11/2011

It's his body right ? And we've already made the commitment to the privacy of the body. So, sorry Uncle Sam. Isn't this part of Roe vs. Wade ?

[Jacques Steen]

03:28 PM on 08/11/2011

Spare me your opinion on abortion.

Topic here: JarHead Loughner and his right to life.

[tulane-grad]

01:23 PM on 08/11/2011

Inevitably Loughner's attorney will file suit against the police department because they weren't polite enough to him. His court appointed pyschologist will further contend that his mother was an inadequate nurturer. Then if a text book fingerprint or a gallon of DNA isn't located on the trigger some Ginsburg-ish judge will release him.

[molamark]

11:08 PM on 08/12/2011

you might enjoy an abnormal psy class . This guy is allready in Hell-stone crazy and cant help it . The disease is evil and indiscriminant . Can strike a 5 year old . We need for more of the populayion ,especially university grads to recognize symptoms and understand cruel nature of this gentic evil . I understand anger at perp-not a lovable guy but he will never see the streeys again, The disease is incurable but does respond to treatment-the insane can not be executed -too bad- he is like fruitcake in norway

[tulane-grad]

09:06 AM on 08/13/2011

Since I agree with most everything you said, I believe you missed my point. My irritation is directed at the game-players and pols within the criminal justice system, not the metally ill.

[molamark]

12:54 PM on 08/11/2011

Those who wait at home while loved ones are in the field are also veterans-Thanks for your comment