Loughner on meds

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Loughner on meds

Yesterday, the Phoenix federal appeals court sustained their decision against giving Jared Loughner forced medication, and ordered the defense attorneys and the prosecution to get ready for the next hearing that will take place at the end of August.

In the middle are a pair of Supreme Court laws that state when should prisoners be forced to take medications, when dealing with mentally unstable individuals. One of them requires only an administrative hearing, when dealing with an inmate that poses a danger for himself and the ones around him. The other requires a court hearing in case the individual is under forced medical treatment in order to restore him to competency so that he may be able to stand trial.

Loughner has undergone a hearing with the prison staff, and was medicated for dangerousness. His attorneys fought back by stating that the Bureau of Prisons is trying to get around the rules based only on the warden’s affirmation that Loughner should be treated with medication.

In the months that came after January, when Loughner shot a series of rounds into a crowd, which ended up killing 6 people and injuring 13 more, including Republican Gabrielle Giffords, Loughner was diagnosed with schizophrenia and was relocated to the federal hospital in SpringField, Mo to be treated.

His attorney asked to be informed the second Loughner were to be medicated. He understands that restoration and treatment often involves medication, especially when dealing with schizophrenia.

U.S. District Judge Larry Burns, after cited both Supreme Court decisions, ruled that there will be only one hearing to establish if the medication administrated to Loughner is for dangerousness or restoration. Moreover, without the knowledge of the court or the defense lawyers, the Bureau of Prisons decided that Loughner posed a danger to himself and others, therefore they have been medicating him since June 22. Burns however, did not attack the decision.

Both attorneys for the defense Judy Clarke and Reuben Camper launched an appeal to the U.S. Court of Appeals and successfully stopped the forced medication until the case is to be reviewed.

One intriguing fact was that one of the Supreme Courts ruled for a simple administrative hearing to establish the medication, and the other ordered a court hearing which is recommended in case of a “pre trial detainee” which is Loughner’s case.

Now both sides will argue their cases before the judge establishes the type of hearing Loughner will undergo.

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