The Tucson Sentinal
Dylan Smith
Attorneys for alleged Jan. 8 shooter Jared Loughner appealed Wednesday to the Ninth Circuit Court of Appeals for a rehearing on whether he can be involuntarily medicated.
Loughner — who faces 49 charges, including 14 that could carry the death penalty — has been involuntarily medicated at a Missouri prison hospital as doctors attempt to restore his ability to stand trial.
His attorneys said in a 92-page filing Wednesday that Loughner's "fair trial rights may be denied by forcible medication."
"Forcible administration of antipsychotic medications infringes on a significant liberty interest and creates the risk of severe and permanent harm," they said.
The filing said that prison doctors have increased Loughner's dose of the powerful antipsychotic drug risperidone to 9 mg per day, "which exceeds the normal adult dosage range."
Loughner's attorneys have repeatedly asked trial judge Larry Burns and the Appeals Court for a hearing on whether he should be forcibly medicated. A hearing specifically on that question has not been granted.
"Neither the prison’s administrative process nor the district court has placed any limitations on the types or quantities of medications BOP staff may force on Mr. Loughner. In fact, since this case was argued and submitted in November, the prison has increased his antipsychotic medication to a dose 150 percent of what he was receiving then," the filing said.
Loughner's legal team said in the filing that the courts haven't determined whether it's appropriate to forcibly medicate him while attempting to restore his ability to stand trial. Last year, Loughner was found by Burns to be unable to understand the charges against him or assist his lawyers in his defense.
Dylan Smith
Loughner — who faces 49 charges, including 14 that could carry the death penalty — has been involuntarily medicated at a Missouri prison hospital as doctors attempt to restore his ability to stand trial.
His attorneys said in a 92-page filing Wednesday that Loughner's "fair trial rights may be denied by forcible medication."
"Forcible administration of antipsychotic medications infringes on a significant liberty interest and creates the risk of severe and permanent harm," they said.
The filing said that prison doctors have increased Loughner's dose of the powerful antipsychotic drug risperidone to 9 mg per day, "which exceeds the normal adult dosage range."
Loughner's attorneys have repeatedly asked trial judge Larry Burns and the Appeals Court for a hearing on whether he should be forcibly medicated. A hearing specifically on that question has not been granted.
"Neither the prison’s administrative process nor the district court has placed any limitations on the types or quantities of medications BOP staff may force on Mr. Loughner. In fact, since this case was argued and submitted in November, the prison has increased his antipsychotic medication to a dose 150 percent of what he was receiving then," the filing said.
Loughner's legal team said in the filing that the courts haven't determined whether it's appropriate to forcibly medicate him while attempting to restore his ability to stand trial. Last year, Loughner was found by Burns to be unable to understand the charges against him or assist his lawyers in his defense.
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