Court denies motion to stop Loughner medication (AP)

TUCSON, Ariz. – A federal appeals court has refused to bar prison officials from forcibly medicating Tucson shooting rampage suspect Jared Lee Loughner with a psychotropic drug.

Judges from the 9th Circuit Court of Appeals Friday night denied the emergency motion on the medication from defense attorneys, and also rejected their request for daily reports about his condition at a federal prison facility in Springfield, Mo.

Federal prosecutors said in a filing earlier Friday that Loughner should remain medicated because he may be a danger to himself and his mental and physical condition was rapidly deteriorating.

Loughner, 22, has pleaded not guilty to 49 charges in the Jan. 8 shooting spree that killed six people and wounded 13 others, including U.S. Rep. Gabrielle Giffords.

He's been at the Springfield facility since May 27 after a federal judge concluded he was mentally unfit to help in his legal defense.

Mental health experts have determined Loughner suffers from schizophrenia and will try to make him psychologically fit to stand trial. He's expected to spend up to four months at the Missouri prison.

The 9th Circuit had previously scheduled an Aug. 30 hearing in San Francisco on an appeal by Loughner's lawyers over forced medication. It wasn't immediately clear if that hearing will still be held.

Calls to lead Loughner attorney Judy Clarke for comment Friday night weren't immediately returned.

On Thursday, Loughner's attorneys questioned whether the forced medication violates an earlier order by the court that forbid prison officials from involuntarily medicating Loughner as judges mull an appeal on his behalf. They also said their client has been on 24-hour suicide watch.

U.S. Attorney for Arizona Dennis Burke wrote in his filing Friday that "despite being under suicide watch, Loughner's unmedicated behavior is endangering him and that no measure short of medication will protect him from himself more than temporarily because they do not address the mental state which underlies his self-destructive actions."

Loughner was forcibly medicated between June 21 and July 1 after prison officials determined his outbursts there posed a danger to others. He was given twice daily doses of Risperidone, a drug used for people with schizophrenia, bipolar disorder and severe behavior problems.

In a July 12 ruling, the appeals court upheld an earlier order that the treatments cease, saying Loughner's interest in not suffering the risk of side effects from powerful drugs is stronger than the government's interest in protecting him and those around him. But the ruling noted that authorities can take steps to maintain the safety of prison officials, other inmates and Loughner, including forcibly giving him tranquilizers.

The decision to resume involuntarily treating Loughner on an emergency basis came Monday after it was determined that he had become an immediate threat to himself, according to court documents.

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 have noted in court filings that his mental condition will likely be a central issue at trial.

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Loughner attorneys seek halt to forced medication (Reuters)

PASADENA, Calif (Reuters) – Lawyers for the accused gunman charged with wounding Congresswoman Gabrielle Giffords in a deadly shooting rampage told a federal appeals court on Thursday that forcing him to take anti-psychotic drugs could cause him irreparable harm.

But 9th U.S. Circuit Court of Appeals Chief Judge Alex Kozinski expressed skepticism during the hearing, which was held in Pasadena, a few miles from Los Angeles, saying of the defense team's argument, "I don't buy it."

The three-judge panel adjourned after 90 minutes without issuing a ruling and gave no indication how long it would deliberate before deciding whether to lift an earlier court order that temporarily bars prison officials from medicating Jared Loughner against his will.

Loughner did not attend the hearing. He remains held at a hospital for federal prisoners in Missouri after a lower-court judge in May declared him incompetent to stand trial on charges he killed six people and wounded 13 others, including Giffords, at a public event in Tucson, Arizona.

The 22-year-old college dropout, described by his own lawyers as "gravely mentally ill," has since been undergoing psychiatric evaluation to determine whether his ability to understand court proceedings against him can be restored.

U.S. District Judge Larry Burns denied an emergency petition filed by Loughner's attorneys in June seeking to bar prison officials from forcibly medicating him. Burns said he would defer to the judgment of doctors treating Loughner.

But the appeals court days ago ordered a halt to the involuntary medication while it reviewed the matter.

Federal prosecutor Christina Canabillis argued on Thursday that doctors were prompted to medicate Loughner against his will due to a number of outbursts in which he threw chairs in his cell and spat at one of his own attorneys. Such behavior clearly poses a danger to the medical personnel trying to determine his competency, she said.

But defense lawyer Reuben Cahn argued that forcing anti-psychotic drugs on Loughner amounted to a "serious invasion on personal liberty" resulting in "irreparable damage." Prison officials coerced Loughner by threatening to strap him down and inject him if he refused to take pills prescribed by his doctors, Cahn said.

"Nothing can reverse the injury done to him," Cahn said.

Kozinski expressed doubt about permanent harm, comparing the situation to a person taking pain medication.

Loughner is accused of opening fire on Giffords and a crowd of bystanders outside a Tucson supermarket on January 8. Six victims were killed and 13 were wounded, including Giffords, who is still recovering from a gunshot to the head.

He pleaded not guilty in March to 49 charges stemming from the shooting rampage at the "Congress on Your Corner" event, including multiple counts of first-degree murder.

At the competency hearing in May, Judge Burns cited the conclusions of two medical experts that Loughner suffers from schizophrenia, disordered thinking and delusions.

(Editing by Steve Gorman, Alex Dobuzinskis and Peter Bohan)

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Appeals court hears Loughner medication arguments (AP)

PHOENIX – A federal appeals court panel is considering whether federal prison officials can resume forcibly giving anti-psychotic medication to the suspect in the Tucson shooting rampage.

The three-judge panel of the 9th U.S. Circuit Court of Appeals heard arguments from federal prosecutors and Jared Lee Loughner's defense lawyers in Pasadena, Calif., Thursday afternoon. It isn't known when a ruling will be issued.

The same three judges ordered the medication halted late last week after an emergency appeal by Loughner's lawyers.

U.S. District Judge Larry Burns ruled last week doctors at the federal prison in Springfield, Mo., could medicate Loughner after determining he was a danger. Loughner had been forcibly medicated between June 21 and July 1 at a federal facility in Springfield, Mo., after prison officials determined his outbursts there posed a danger.

The 22-year-old 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 the Missouri facility since late May after mental health experts had determined he suffers from schizophrenia and Burns ruled him mentally unfit to stand trial.

Loughner's lawyers argued that medicating him against his will would violate his right to due process and that he would suffer irreparable harm if the medication continues. They want the temporary injunction preventing the medication kept in place while they pursue a full appeal of Burns' order allowing it to continue.

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Loughner's lawyers seek to halt forced medication (Reuters)

PHOENIX (Reuters) – Attorneys for Tucson shooting rampage suspect Jared Loughner have petitioned a federal court to order prison officials to stop forcibly medicating him with anti-psychotic drugs.

Loughner was declared mentally incompetent last month to stand trial on charges he killed six people and wounded 13 others, including Arizona Congresswoman Gabrielle Giffords, and was sent back to a hospital for federal prisoners in Missouri.

U.S. District Judge Larry Burns has set a hearing for September 21 to determine whether Loughner's condition has improved enough for the proceedings against him to resume.

Court papers filed by his defense team last Friday argued that the U.S. Bureau of Prisons, "without the approval of the court, has decided to involuntarily and forcibly medicate Jared Loughner on the grounds that he is a danger to others."

Dr. Carlos Tomelleri, a psychiatrist evaluating Loughner, cited three recent outbursts by the 22-year-old college dropout as justification for administering medication to him against his will, the documents said.

Two of those incidents involved Loughner throwing a plastic chair inside his closed and locked cell, "the third involved spitting at counsel," the document stated.

But Loughner's defense team, led by attorney Judy Clarke, said there was "no evidence that any efforts were made to educate Mr. Loughner about the consequences of his behavior before seeking to forcibly medicate him with psychotropic drugs."

Loughner is accused of opening fire with a semiautomatic pistol on Giffords and a crowd of bystanders attending a political gathering outside a Tucson supermarket in January. Giffords, a third-term Democrat, is still recovering from a single gunshot wound to her head.

Loughner pleaded not guilty in March to 49 charges stemming from the shooting rampage at the "Congress on Your Corner" event, including multiple counts of first-degree murder.

He has been described by his lawyers as "gravely mentally ill." At the competency hearing in May, Burns cited the conclusions of two medical experts that Loughner suffers from schizophrenia, disordered thinking and delusions.

In a sign of his mental agitation during the hearing last month, Loughner rocked back and fourth, and was dragged from the courtroom shouting, "She died in front of me," shortly before Burns ruled him incompetent to stand trial.

(Editing by Steve Gorman)

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