Charleston Gazette
PHOENIX — Prison officials have resumed forcibly medicating the man accused of wounding U.S. Rep. Gabrielle Giffords in a deadly shooting rampage in Tucson, lawyers for the suspect said Thursday.
Jared Lee Loughner’s attorneys questioned in court filings whether the involuntary psychotropic drug treatments are in violation of an order by the 9th U.S. Circuit Court of Appeals. The court, in a ruling earlier this month, forbid prison officials from forcibly treating Loughner, 22, while an appeal on his behalf is being considered.
Mental health experts have determined Loughner, who is being held at a federal facility in Missouri, suffers from schizophrenia and will try to make him psychologically fit for trial.
Loughner had been forcibly medicated for more than a week in late June after prison officials said his outbursts posed a danger and he refused treatment, but the appeals court halted the action.
The decision to resume involuntarily treating Loughner on an emergency basis came Monday, according to court documents, after it was determined that he had become an immediate threat to himself.
Loughner’s attorneys say their client has been on 24-hour suicide watch. For his part, Loughner denies suicidal thoughts.
Loughner has pleaded not guilty to 49 charges in the January mass shooting that killed six people and wounded 13 others, including Giffords.
His lawyers are asking for daily reports about his condition to see whether prison officials are willfully violating the court order.
Stephen J. Morse, a professor of law and psychiatry at the University of Pennsylvania, said prison officials are most likely on firm legal ground based on the argument that Loughner’s threat to himself posed an emergency and that less intrusive treatments wouldn’t be effective.
If prison officials are correct in their assessment, Morse said, it would be difficult to address Loughner’s immediate psychological problems before the appeals court hears arguments over the issue of involuntary treatments late next month.
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, in prison. 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 court’s order also said Loughner didn’t pose a danger to himself.
Copyright 2011 Charleston Newspapers