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Friday, July 1, 2011

Loughner forced medication OKd by judge

From the San Francisco Chronicle

A judge ruled Wednesday that prison officials can forcibly give the man accused of the Tucson shooting rampage antipsychotic drugs in a bid to make him mentally fit for trial.

U.S. District Judge Larry Burns' decision came after Jared Lee Loughner's attorneys filed an emergency request last week to prevent any forced medication of their client without approval from a judge. The judge said he did not want to second guess doctors at the federal prison in Springfield, Mo., who determined that Loughner was a danger.

"I have no reason to disagree with the doctors here," Burns said. "They labor in this vineyard every day."

Loughner, who was not at the hearing in San Diego, has been at the Missouri facility since May 28 after the judge concluded he was mentally unfit to stand trial and help in his legal defense.

Mental health experts had determined the 22-year-old college dropout suffers from schizophrenia and will try to make him psychologically fit to stand trial. He will spend up to four months at the facility.

Prosecutors have argued that Loughner should be given antipsychotic drugs because he has been diagnosed as schizophrenic and poses a danger to others.

"This is a person who is a ticking time bomb," prosecutor Wallace Kleindienst said Wednesday.

In a filing Tuesday, prosecutors cited an April 4 incident where Loughner spit on his own attorney, lunged at her and had to be restrained by prison staff. They also cited an outburst during a March 28 interview with a mental health expert in which Loughner became enraged, cursed at her and threw a plastic chair at her twice.

Loughner has pleaded not guilty to 49 charges stemming from the Jan. 8 shooting that injured Rep. Gabrielle Giffords and 12 others and killed six people, including John Roll, the chief federal judge for Arizona.

If Loughner is later determined to be competent enough to understand the case against him and assist his lawyers, the court proceedings will resume.