Loughner pleads not guilty in deadly AZ shooting
TUCSON, AZ
In the two weeks since the deadly attack that killed six outside
a Tucson grocery store, Jared Loughner's hair -- shaved in the mug
shot that's become an enduring image of the tragedy -- has grown out
slightly. The Tucson resident wore an orange prison jumpsuit and
glasses, and his wrists were cuffed to a chain around his waist as
eight U.S. marshals kept watch in the packed Phoenix courtroom and
gallery above.
Loughner faces federal charges of trying to assassinate Giffords
and kill two of her aides. More charges are expected.
Investigators have said Loughner was mentally disturbed and
acting increasingly erratic in the weeks leading up to the attack
on Jan. 8 that wounded 13. If Loughner's attorney uses mental
competency questions as a defense and is successful, Loughner could
be sent to a mental health facility instead of being sentenced to
prison or death.
But his attorney, Judy Clarke, said she wasn't raising issues of
competency "at this time" after U.S. District Judge Larry Burns
of San Diego asked whether there was any question about her
client's ability to understand the case against him.
Giffords was shot in the forehead and spent two weeks in a
Tucson hospital before she was flown to Memorial Hermann Texas
Medical Center Hospital on Friday. Shortly after her arrival,
doctors said she had been given a tube to drain a buildup of brain
fluid that has kept her in intensive care.
Hospital spokesman James Campbell said Monday the next update on
the Democratic congresswoman's condition would come when they are
ready to move Giffords to the rehab hospital.
Loughner will likely face state charges in the attack, and also
federal murder charges listed in an earlier criminal complaint for
the deaths of Giffords aide Gabe Zimmerman and U.S. District Judge
John Roll.
Those are potential death penalty charges, which require a more
painstaking process under Justice Department rules.
Prosecutor Wallace Kleindienst estimated that he would know
within the next 30 days whether additional federal charges would be
filed against Loughner. Kleindienst said prosecutors provided
defense lawyers with records taken from Loughner's computer and
documents of about 250 interviews made in the case.
The judge did not rule on prosecutors' request to move the
federal case back to Tucson so that victims and witnesses do not
have to make the four-hour round trip drive to Phoenix to attend
court hearings. The case was moved because one of those killed,
Roll, was a federal judge.
Clarke said she didn't oppose the request at this time, but
questioned where Loughner would be jailed in Tucson if the case
were moved.
Clarke has not responded to requests seeking comment. She is one
of the top lawyers in the country for defendants facing prominent
death penalty cases, having represented clients such "Unabomber"
Ted Kaczynski and Olympic bomber Eric Rudolph. She has a reputation
for working out plea deals that spare defendants the death penalty,
as was the case for Rudolph and Kaczynski.
The judge set a March 9 hearing to consider motions in
Loughner's case.