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Title: Judge: Loughner not competent to stand trial
Source: USA Today
URL Source: http://www.usatoday.com/news/nation ... ng-tucson-loughner-trial_n.htm
Published: May 25, 2011
Author: Craig Harris
Post Date: 2011-05-25 17:57:07 by Ferret Mike
Keywords: None
Views: 349
Comments: 1

TUCSON - A federal judge ruled Wednesday that Jared Loughner is not competent to stand trial in the Jan. 8 shooting spree that left six people dead and severely wounded U.S. Rep. Gabrielle Giffords, D-Ariz.

Judge Larry Burns issued his ruling moments after U.S. Marshals dragged Loughner out of the courtroom because of an angry outburst. As survivors of the deadly January attack looked on, Loughner had lowered his head, raised it and said what sounded like "Thank you for the freak show. She died in front of me."

His words were loud but mumbled, and it wasn't clear who he was talking about.

Loughner will be hospitalized in a facility in Springfield, Mo., to receive treatment. He could remain hospitalized indefinitely if he does not get well but remains a danger to himself or others.

BLOG:Loughner escorted from courtroom

The goal is for Loughner to voluntarily take medications that his doctors will prescribe for him so his competency is restored and he can face charges, said Robbie Sherwood, a spokesman for the U.S. Attorney's Office.

"We believe he can be restored to competency with proper medication," Sherwood said.

Loughner, charged with 9 crimes that also left 13 injured, has pleaded not guilty.

The ruling means Loughner can be held for up to four months before another hearing will occur to determine if he's competent to stand trial. If Loughner refuses to take his medication, the judge could order he be involuntary medicated, Sherwood said.

The U.S. Supreme Court in 2003 affirmed the authority to administer anti-psychotic drugs to a criminal defendant only to render that person competent to stand trial.

Paul Charlton, Arizona's U.S. Attorney from 2001 to 2007, said in a phone interview that Loughner could be held as long as it's determined "he is a danger to himself or others."

Determining whether a person is competent is a three-prong process, said Michael Bayless, a Phoenix-based forensic psychologist who is familiar with the case.

Bayless said a defendant is incompetent to stand trial if the defendant:

Has a mental disease or defect that prevents the person from understanding the nature of the proceedings.

Suffers from a disease or defect that prevents the person from being able to help his or her lawyer to present a defense.

Does not understand what it means to plead guilty in court.

Bayless said if Loughner never is restored to competency, he will remain at a mental hospital.

"He will stay until he proves to the staff he's not dangerous to himself or others," Bayless said. "It could go for rest of his life if he never gets better. If he gets better, he will go back to trial."

Loughner was treated by Christina Pietz, a staff psychologist at the U.S. Medical Center for Federal Prisoners in Springfield, Mo., and Matthew Carroll, a San Diego-based forensic psychiatrist. The doctors agreed that Loughner was not competent to stand trial. They did not testify Wednesday, as prosecutors and attorneys for Loughner previously agreed that they would rely upon the doctors' written reports.

E-mails released last week show that instructors, students and administrators at Pima Community College worried that Loughner was unstable because of repeated class disruptions and run-ins with campus authorities.

Now Loughner will be sent to a federal facility, much like one where he underwent evaluation, for restoration to competency.

"Generally speaking, that kind of treatment could be long and drawn out," said Dr. Steven Herron, a Tucson psychiatrist who has led restoration efforts.

There have been hints that Loughner may not be cooperating with his attorneys, specifically, two letters that he wrote to the judge and that the judge turned over to Judy Clarke, the lead defense counsel.

Contributing: Associated Press

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#1. To: Ferret Mike (#0)

Loughner is jewish...just sayin'.

Like Hinckley was Fundy Oil.

These people are protected. Get over it....;}

And OMFGPalin decides it's safe to move to AZ now. What a CoinkyDink! 8D LMFAO

mcgowanjm  posted on  2011-05-27   8:33:34 ET  Reply   Trace   Private Reply  


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