Jared Lee Loughner pleads guilty to Arizona shooting rampage

August 7, 2012

The Boston Herald on August 7, 2012 released the following:

“By Associated Press

TUCSON, Ariz. — Jared Lee Loughner pleaded guilty today to going on a shooting rampage at a political gathering, killing six people and wounding 13 others, including his intended target, then-Congresswoman Gabrielle Giffords.

Loughner’s plea spares him the death penalty and came soon after a federal judge found that months of forcibly medicating him to treat his schizophrenia had made the 23-year-old college dropout competent.

At one point, Judge Larry A. Burns asked Loughner if he understood the charges against him and what the government would need to convict him.

“Yes, I understand,” Loughner replied.

The judge said that Loughner was a different person and that he is able to help his lawyers in his defense. Burns said that observing Loughner in the court left “no question that he understands what’s happening today.”

Loughner faces life in prison without the possibility of parole.

The outcome was welcomed by some victims, including Giffords herself, as a way to avoid a lengthy, possibly traumatic trial and years of legal wrangling over a death sentence.

“The pain and loss caused by the events of Jan. 8, 2011, are incalculable,” Giffords said in a joint statement with her husband, Mark Kelly. “Avoiding a trial will allow us — and we hope the whole Southern Arizona community — to continue with our recovery.”

Experts had concluded that Loughner suffers from schizophrenia, and officials at a federal prison have forcibly medicated him with psychotropic drugs for more than a year.

Court-appointed pyschologist Christina Pietz testified for an hour about how she believes Loughner became competent. Loughner listened calmly without expression. His arms were crossed over his stomach, lurched slightly forward and looking straight at Pietz.

At one point, he smiled and nodded when psychologist mentioned he had a special bond with one of the prison guards.

A plea agreement offers something for both sides, said Quin Denvir, a California defense attorney who has worked with Loughner attorney Judy Clarke on the case against unabomber Ted Kaczynski.

Prosecutors would avoid a potentially lengthy and costly trial and appeal, knowing that the defendant will be locked up for life. Clarke managed to avoid the death penalty for other high-profile clients such as Kaczynski and Eric Rudolph, who bombed abortion clinics in the late 1990s and Atlanta’s Olympic park in 1996.

The top prosecutor in southern Arizona’s Pima County said last year that she may file state charges in the case that could carry the death penalty. An official in the prosecutor’s office, Amelia Craig Cramer, declined to comment, saying the office did not have an active prosecution against Loughner.

Denvir said it was possible that the plea agreement calls for the state to avoid pursuing criminal charges against Loughner, though that’s not a given.

“Ideally (as a defense attorney) you’d like to have it resolved all at once, but sometimes you have to take one at a time,” he said.

The decision to spare Loughner a federal death sentence makes sense, said Dale Baich, a federal public defender in Phoenix who handles capital case appeals and isn’t involved in the case.

“As time went on and there were numerous evaluations, I think everybody had a better understanding of Mr. Loughner’s mental illness.” Baich said.

He added: “It appears that he will need to be treated for the rest of his life in order to remain competent.””

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Federal prosecutors seek prison psychologist’s personal notes on Tucson shooting suspect

July 18, 2012

The Washington Post on July 17, 2012 released the following:

“By Associated Press

TUCSON, Ariz. — Federal prosecutors say they want to see a prison psychologist’s personal notes on Tucson shooting rampage suspect Jared Lee Loughner.

In a motion filed Tuesday, prosecutors asked a federal judge for Bureau of Prisons psychologist Dr. Christina Pietz’s personal notes from her latest competency evaluations of Loughner from Feb. 8 to June 7.

Prosecutors say the pages containing Pietz’s notes of conversations with defense counsel can be redacted from the government’s copies.

Loughner has pleaded not guilty to 49 charges stemming from the January 2011 shooting that killed six people and wounded former U.S. Rep. Gabrielle Giffords and 12 others.

He remains in custody at a Missouri prison facility where he’s undergoing treatment to make him mentally fit to stand trial. A status hearing is scheduled Aug. 7.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Court denies Loughner’s request for rehearing

June 6, 2012

The Associated Press (AP) on June 6, 2012 released the following:

“PHOENIX (AP) — An appeals court rejected a request by lawyers for the man accused of shooting former Rep. Gabrielle Giffords to rehear their arguments over their mentally ill client’s forced medication with psychotropic drugs.

Attorneys for Jared Lee Loughner had asked the 9th U.S. Circuit Court of Appeals for a rehearing after the court in March denied their request to halt their client’s forced medication.

The court on Tuesday denied the request to hear the appeal again.

Loughner has pleaded not guilty to 49 charges stemming from the January 2011 shooting in Tucson that killed six people and wounded former U.S. Rep. Gabrielle Giffords and 12 others.

The trial court judge on the case has set a June 27 hearing in Tucson to consider whether Loughner is mentally fit to stand trial.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Loughner loses appeal over forced medication

March 5, 2012

The Associated Press (AP) on March 5, 2012 released the following:

“By JACQUES BILLEAUD
Associated Press

PHOENIX (AP) — An appeals court denied a request by the Tucson shooting rampage suspect’s lawyers to stop their client’s forced medication with psychotropic drugs and end his treatment at a Missouri prison facility where experts are trying to make him psychologically fit for trial.

The ruling Monday by the 9th U.S. Circuit Court of Appeals clears the way for authorities to continue to medicate Jared Lee Loughner.

He has pleaded not guilty to 49 charges stemming from the Jan. 8, 2011, shooting in Tucson that killed six people and wounded Rep. Gabrielle Giffords and 12 others.

His lawyers have vigorously fought efforts to medicate him even though psychologists say he is improving.

This summer, the appeals court temporarily halted Loughner’s medication but resumed it after experts concluded that his condition was deteriorating.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Appeal

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Judges consider Jared Lee Loughner’s medication

August 31, 2011

The Los Angeles Times on August 31, 2011 released the following:

“Lawyers for the Tucson shooting suspect say his involuntary treatment with anti-psychotic drugs is a violation of his rights.

By Carol J. Williams, Los Angeles Times

Prison doctors are violating the rights of Tucson shooting suspect Jared Lee Loughner by forcibly medicating him with drugs more powerful than needed to control his outbursts, defense lawyers told a federal appeals court Tuesday.

The three-judge panel weighing Loughner’s plea for an end to the involuntary medication with anti-psychotic drugs appeared sensitive to the defendant’s legal arguments that, as he hasn’t been tried on the 49 felony counts against him, he should retain the right to decide what drugs go into his body.

At a hearing that could determine whether Loughner is ever rendered competent to stand trial in the Jan. 8 attack that killed six and injured 13, including Rep. Gabrielle Giffords (D-Ariz.), the judges peppered the government’s lawyer with questions, suggesting they look askance at the prison’s practice of forcing psychotropic drugs on Loughner when mild sedatives would suffice.

At issue is whether Bureau of Prison policies for dealing with dangerous inmates apply to pretrial detainees, like Loughner, who was sent to a hospital in Springfield, Mo., on a federal judge’s order to try to restore his mental competency so he can stand trial.

Prison medical officials have rejected the defense’s calls for using tranquilizers or physical restraints, arguing that they need to treat Loughner’s underlying mental illness to prevent him from being a danger to himself or others.

Loughner was diagnosed with schizophrenia during an initial confinement at the Missouri hospital and deemed incompetent to stand trial in May by U.S. District Judge Larry A. Burns.

Assistant U.S. Atty. Christina M. Cabanillas told the panel that Supreme Court case law obliged them to defer to the prison administration’s judgment on what medication was necessary and appropriate to “mitigate his dangerousness.” Loughner has reportedly thrown the chair in his cell against the wall, spat at one of his attorneys and shouted expletives and unintelligible rants.

In legal papers filed with the court, Loughner’s attorneys argued that his behavior didn’t justify treatment with powerful anti-psychotic drugs, and that the medications could have long-term negative health effects and damage his ability to assist in his own defense if he is eventually put on trial.

In court, defense attorney Reuben Camper Cahn urged the judges to require prison officials to get federal court approval for their involuntary treatment plans.

One of the panelists, Judge J. Clifford Wallace, observed that Loughner might have a “liberty interest” in not being rendered competent to face charges that could lead to a death penalty.

Another U.S. 9th Circuit Court of Appeals panel last month issued a temporary injunction against forcing the drugs on Loughner, but prison doctors resumed them on July 18, citing emergency circumstances.

Tuesday’s panel, on which Wallace was joined by Judges Marsha S. Berzon and Jay S. Bybee, isn’t expected to rule for several weeks.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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9th Circuit Court of Appeals To Hear Appeal Over Medicating Jared Lee Loughner

August 30, 2011

The Associated Press (AP) on August 30, 2011 released the following:

“SAN FRANCISCO (AP) — A federal appeals court will hear arguments Tuesday over a request to permanently ban prison officials from forcibly medicating the Tucson shooting rampage suspect with psychotropic drugs.

At issue in Jared Lee Loughner’s appeal before the 9th Circuit Court of 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.

Loughner has pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including Rep. Gabrielle Giffords.

He has been at a federal prison facility in Springfield, Mo., since late May after mental health experts determined he suffers from schizophrenia and a judge ruled him mentally unfit to stand trial. He was sent to the facility in a bid to restore his mental competency so he can assist in his legal defense.

Loughner was forcibly medicated from June 21 to July 1 after prison doctors concluded that he was a danger. His attorneys appealed U.S. District Judge Larry Burns’ ruling that said Loughner could be forcibly medicated in prison.

After the appeals court temporarily stopped Loughner’s forced medication, the prison put Loughner under round-the-clock suicide watch in mid-July after he asked a prison psychologist to kill him. Prison staff said Loughner’s psychological condition was deteriorating, noting that he had been pacing in circles near his cell door, screaming loudly and crying for hours at a time.

Loughner was given twice daily dose of an oral solution of Risperidone, a drug used for people with schizophrenia, bipolar disorder and severe behavior problems.

Loughner’s attorneys have questioned whether prison officials violated the appeals court’s order by medicating him again.

Eventually, the appeals court denied a request by Loughner’s attorneys to prevent the prison from continuing to medicate him. The court never said whether prison officials had violated its earlier order that temporarily prevented them from forcibly medicating Loughner.

Loughner’s attorneys continue to contest the forced medication in both the district and appeal courts.

Defense lawyers argued that the decision to forcibly medicate their client solely on the basis of an administrative hearing held by prison officials had violated Loughner’s due-process rights. For instance, they said, Loughner was denied the chance to call a witness at a hearing.

Prosecutors said the appeal is without merit because defense attorneys are asking the district court judge to substitute his judgment on whether Loughner poses a danger while in prison with the conclusions of mental health professionals.

They also said Loughner received all necessary due-process protections and noted that the witness he requested was his lawyer and that he didn’t have a right to have a lawyer at the administrative hearing at the prison.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Federal Judge to Hear Arguments Over Jared Lee Loughner’s Medication

August 26, 2011

The Associated Press (AP) on August 26, 2011 released the following:

“SAN DIEGO (AP) — Attorneys for the Tucson shooting rampage suspect are making another attempt to stop the forced medication of their client at the Missouri prison facility where mental health experts are trying to make him psychologically fit to stand trial.

A federal judge will hear arguments Friday over a request by Jared Lee Loughner’s defense team to halt the pychotropic drug medications.

U.S. District Judge Larry Burns rejected a similar request by Loughner’s attorneys in late June. The 9th Circuit Court of Appeal halted the medication but later allowed it to resume after prison officials determined Loughner’s 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 others, including Rep. Gabrielle Giffords.

He has been at a federal prison facility in Springfield, Mo., since late May after mental health experts determined he suffers from schizophrenia. A judge ruled him mentally unfit to stand trial.

He was forcibly medicated between June 21 and July 1. The prison resumed his forced medication on July 19.

Loughner’s attorneys are fighting the forced medication in both Burns’ court and at the 9th Circuit. The key question 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 appeals court will hold an Aug. 30 hearing over Loughner’s forced medication.

Burns also will hear arguments Friday over prosecutors’ allegation that Loughner’s lawyers broke court rules by issuing subpoenas for a lease from an apartment complex where Loughner once lived, and for birth and death records for some of Loughner’s relatives.

Prosecutors say the subpoena was issued without court approval and without giving copies to the government.

Prosecutors revealed that Loughner’s attorneys issued nearly two dozen subpoenas for birth and death records of his maternal relatives. A relative of Loughner later said a defense team member came to her Texas home to talk about mental health problems suffered by relatives.

Prosecutors want Loughner’s attorneys to provide an inventory of all the subpoenas they issued. They also asked the judge to throw out subpoenas that didn’t comply with court rules.

Loughner’s attorneys argued they got court approval for the subpoenas.

The judge will consider a request by defense attorneys to have their client’s clinical assessments at the prison videotaped. They argue such recordings would likely have evidentiary value and help safeguard his constitutional rights.

Prosecutors, who oppose the request, said that Loughner’s attorneys have given no better reason for its videotaping request since Burns first rejected it about three weeks ago.

The hearing will be held in the San Diego courthouse where Burns is based. Burns was appointed to hear the case after all federal judges in Arizona recused themselves because one of the six people who died in the shooting was John Roll, the chief federal judge for Arizona.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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