Jared Loughner, the gunman made infamous for the Tucson shooting that left six people dead and Rep. Gabrielle Giffords among the many injured, is facing a September trial date – but his attorney has requested a move to January 2013 to gather evidence, as reported by Arizona Central and other news media.
Prosecutors have also sought to have Loughner, 22, examined by experts to deem if he is mentally competent to stand trial.
Concurrently, the judge has ruled that the Medical Examiner for Pima County unseal, and release, all of the autopsy reports for those killed in the shooting.
Loughner, disrupting a rally for Giffords outside of a supermarket in Tucson on January 8 by attempting to kill the congresswoman, has been charged with 49 criminal counts relating to the murder of six and the injury of 13.
U.S. District Judge Larry A. Burns is expected to set the trial date as early as September 20. Assistant U.S. Attorney Beverly K. Anderson is in agreement with Burns in requesting a September trial date.
Prosecutors will be making their decision in a few months as to whether to seek the death penalty – as Loughner has 14 counts that are eligible for that action.
If the trial date in September is kept, Loughner’s lawyers would have to make their presentation to the Justice Department’s Capital Case Review Committee on June 7. Then it would be the department’s job to decide by July 22 if they are going to seek the death penalty.
The U.S. Department of Justice decides in all federal cases, via a notice of intent, if they will choose to seek a death penalty.
Judy Clarke, Loughner’s defense attorney, has requested that in the case of either scenario – whether the death penalty or the alternative is sought – she would like to push the case into 2013 so that she has ample time to prepare for a discussion of capital-punishment issues.
Clarke stated that she needed the additional time “to gain an understanding of the depths of Mr. Loughner's mental afflictions and their impact on his functioning in the world.”
She is asking for another year on top of what the prosecution has suggested.
The U.S. Attorney’s Office has asked the judge to issue an order that would place Loughner under the custody of the U.S. Attorney General so that they can have him psychologically evaluated in a federal facility.
Anderson wrote, “The government is raising this issue now so that the issue of competency may be addressed at this time, to avoid any unnecessary delays in the proceedings.”
Clarke contends that it usually takes a year after an indictment to allow for conferences between defense and prosecutors, and another year after that for the trial to commence.
As this is a capital case, once guilt is established via trial or plea, the jury then weighs the evidence and decides whether the accused will be facing death.
The autopsy reports, that Clarke had unsuccessfully tried to keep from being released, showed that all of the victims died from gunshot wounds.
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