It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
source
SAN FRANCISCO (Reuters) - A U.S. appeals court panel wrestled on Tuesday with whether Tucson shooting rampage suspect Jared Loughner should be compelled to undergo further psychiatric treatment at a Missouri prison hospital. Loughner, 23, has pleaded not guilty to 49 criminal charges, including first-degree murder, stemming from the January shooting spree that killed six people and wounded 13 others, among them U.S. Representative Gabrielle Giffords.
The Arizona Democrat, who was meeting with constituents outside a supermarket at the time, was shot through the head and is still recovering. U.S. District Judge Larry Burns declared Loughner mentally incompetent in May, citing the conclusions of two medical experts who said he suffered from schizophrenia, disordered thinking and delusions.
Then in September, Burns granted a government request for an additional four months to restore Loughner's fitness so he can stand trial. Loughner's attorneys are seeking to overturn that decision. The two sides argued their case on Tuesday at hearing in San Francisco before a three-judge panel of the 9th U.S. Circuit Court of Appeals.
In the hearing, the judges sought to ascertain whether continuing to forcibly medicate Loughner with anti-psychotic drugs -- a practice opposed by the defense but which Burns has on three occasions declined to halt -- would interfere with his ability to assist in his own defense. "If the side effects have caused that, wouldn't the government be in a position where they could not try him?" appeals Judge J. Clifford Wallace asked. Assistant U.S. Attorney Christina Cabanillas said Burns had left the door open for that matter to be determined at a later time. Judges Marsha Berzon and Jay Bybee asked why Loughner's attorneys had not presented any witnesses at a hearing before Burns on extending the treatment deadline. Defense lawyer Ellis Johnston III responded that it was the government's burden to prove his client should be sent back to Missouri.
The federal Bureau of Prisons should provide a treatment plan to the court, Johnston said, and a court should be allowed to review it. "What Mr. Loughner wants is to not be forcibly medicated," Johnston said. No decision was announced from the bench, and the judges did not indicate when they would rule. (Reporting by Dan Levine; Editing by Steve Gorman and Cynthia Johnston)
Originally posted by Rockerchic4God
I am a mental health professional, in the field for 10 years...
In California, you commit a felony while in a psychotic state and you go straight to a state mental hospital. If you refuse medications there, the hospital has to file a court order to request involuntary medication. If the judge in the county of jurisdiction ordered "Restore to Competency" then there you'll stay until you are ready to be released back to the county for trial. The judge can order the offender/patient to stay in treatment (and submit to taking medications) on an outpatient basis. Although Arizona laws may be a little different, my guess is the court will deny Loughner's writ and force him to stay med compliant so he can go to trial. If/when he is released from the hospital, and either the charges are dropped or he is acquitted, the county can file a petition to conserve Loughner (that basically means the county "adopts" you and takes over your life - you lose all constitutional rights). The conservator can place you in any locked or unlocked facility that is appropriate.
If he is found guilty, he will be sent to either a state institution for the criminally insane or to a prison that has a separate psych ward.
Hope that helps a little in understanding mental health laws. Check the Welfare and Institutions code in your state for specifics.
Originally posted by My.mind.is.mine
reply to post by CaDreamer
why would you feel that another human is not allowed to be released from a prison of medication? medications do more harm than good. hell, medications probably started the problems. 5-htp would work wonders on him. but a chemical cocktail medication??? i would wish death on somebody before a chemical cocktail..
Originally posted by starviego
Loughner is a patsy. They had more bullet wounds in the victims than rounds held in the magazine. They want his brain nice and fried so he can't follow what is going on or defend himself.
Originally posted by CaDreamer
there are dozens and dozens of witnesses... to not believe that you have to be insane.