GUILTY AZ - Six killed, 13 injured in shooting at Gabrielle Giffords event, 8 Jan 2011 - #2

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Posted: Jan 22, 2011 11:59 AM PST Saturday, January 22, 2011 2:59 PM EST Updated: Jan 22, 2011 11:59 AM PST Saturday, January 22, 2011 2:59 PM EST
By Sarah Sanchez- email
HOUSTON, TX (KOLD)- Congresswoman Gabrielle Giffords went through 3 levels of rehabilitation at TIRR Memorial Hermann in Houston Saturday.
According to doctors, Rep. Giffords did occupational, physical, and speech therapies.
more at link: http://www.kold.com/Global/story.asp?S=13889409
 
U.S. attorney wants shooting suspect tried in Tucson

The title pretty much says it all: "TUCSON (AP) — Federal prosecutors want all future hearings for the suspect accused of shooting Rep. Gabrielle Giffords and 18 others to be held in Tucson instead of Phoenix.

The U.S. attorney for Arizona filed the court request late Sunday, just hours before Jared Loughner is expected to be arraigned in the federal courthouse in Phoenix."
 
Tucson victim Barber: 'Almost right away, he shot me'
The Washington Post
By Sandhya Somashekhar
Washington Post Staff Writer
Friday, January 21, 2011; 9:38 AM


"As prosecutors build their case against the man accused in the mass shooting that critically wounded an Arizona congresswoman this month, a key element will be the story of Ron Barber."

and

"The first person to come up, he said, was an Army reservist who had wanted to show Giffords his commendation from Iraq. Next came a couple. He recalled chatting with U.S. District Judge John M. Roll, who told him he had come to thank the congresswoman for her help on a judicial matter. Roll's presence on the scene for official business will be critical for the federal case against Loughner."

much more...
 
Jared Loughner case may move to Tucson
by Michael Kiefer and Yvonne Wingett - Jan. 23, 2011 09:04 PM
The Arizona Republic


"Prosecutors on Sunday filed a motion in U.S. District Court in Phoenix asking to move to Tucson any future proceedings against suspected Tucson shooter Jared Loughner.

Loughner is being held in a federal detention facility near Phoenix. His first two court appearances, including one Monday, were scheduled at the Sandra Day O'Connor Federal Courthouse in downtown Phoenix."

and

"It is an accepted legal precept that defendants are tried in the jurisdiction where the alleged crimes took place. Sunday's motion cites federal law to that effect.

"Furthermore, all 19 victims in this case reside in Tucson and Oro Valley," it said. "It is difficult for the victims to attend hearings, since they must factor in a four-hour round-trip car ride to Phoenix . . . on what is most likely a work day for them.""
 
Shooting raises awareness of disease
by Connie Cone Sexton - Jan. 23, 2011 12:00 AM
The Arizona Republic


While much of this article is specific to Arizona, I think there is a great deal to be gleaned that is applicable to other states. I think it is a valuable article.

"When teenagers or young adults succumb to increasingly serious behavioral problems, their families can often be blind to what's going on. Or, just as likely, they end up feeling bewildered, exhausted and overwhelmed in their attempts to find help.

As speculation has grown about the mental state of 22-year-old Jared Loughner, who is accused of shooting 19 people in Tucson two weekends ago, mental-health organizations in Arizona have been flooded with calls for help. Many of them are coming from parents concerned about the emotional stability of their teenagers and young-adult children.

Getting help is complicated, and knowing how and when to intervene to help a young adult with possible mental-health problems is extremely difficult for families, said Katrina Gay, director of communications for the National Alliance on Mental Illness."


much more...
 
I plan to post a lot more about this in time but I have been spending a little of my free time trying to come up with a defense strategy for JLL and even I, the patron saint of legal lost causes, am stumped.


Right now the best I can do is to argue "diminished capacity," or what we in the legal world refer to as "irresistible impulse," I will let some of you chew on that for a bit and post more later in the morning during breakfast.


Both of these BTW are what is called "Defense By Excuse" meaning, yes I did it but I have an excuse for why I did it and I shouldnt be held fully criminally liable for my actions because of said excuse. Basically such a defense is raised to get the death penalty off the table, not to get a walk.

I was a juror on a CA case where diminished capacity was argued (along with self-defense--we were given a multiple choice ballot, everything from 2nd degree murder (the eventual verdict) down to voluntary manslaughter or acquittal).

It wasn't an easy concept as then written in CA and I'll be interested to hear your thoughts on it.
 
Fluid Buildup on brain delay's Gabby's Rehab..

video~~

[ame="http://www.cbsnews.com/video/watch/?id=7277545n"]Fluid Build-Up Delays Rehab for Giffords - CBS News Video[/ame]
 
From twitter.

KTAR923 News/Talk 92.3 KTAR
by ArizonaNewsnet
Jared Loughner enters court wearing a smile and an orange jumpsuit. His hair has grown back and he's wearing glasses. Kevin Tripp #ktar923
 
http://www.latimes.com/news/nationworld/nation/la-na-jared-loughner-hearing-20110125,0,7260693.story

"Jared Loughner on Monday pleaded not guilty to charges that he tried to assassinate U.S. Rep. Gabrielle Giffords and two members of her staff in the course of a shooting rampage that killed six people.

Loughner's attorney, Judy Clarke, asked U.S. District Judge Larry Burns to enter the plea on her client's behalf. Dressed in an orange jump suit, Loughner smiled broadly throughout his appearance and at one point chortled while talking with his lawyer."

more...

IN ADDITION

Trial will be moved back to Tucson


http://tpmmuckraker.talkingpointsme...eads_not_guilty_hearings_moved_back_to_1.php#

"Loughner was wearing an orange prison jumpsuit and wire-rimmed glasses and was seen smiling, nodding and chatting with his lawyer, who entered his plea on his behalf, Reuters reports. The newswire said the hair on his shaved head was starting to grow back.

Surprisingly, his lawyer Judy Clarke did not oppose a motion by the U.S. Attorney for the District of Arizona to move the trial back to Tucson, where it would be easier for the families of victims of the shooting to attend, MSNBC reported."
 
http://www.latimes.com/news/nationworld/nation/la-na-jared-loughner-hearing-20110125,0,7260693.story

"Jared Loughner on Monday pleaded not guilty to charges that he tried to assassinate U.S. Rep. Gabrielle Giffords and two members of her staff in the course of a shooting rampage that killed six people.

Loughner's attorney, Judy Clarke, asked U.S. District Judge Larry Burns to enter the plea on her client's behalf. Dressed in an orange jump suit, Loughner smiled broadly throughout his appearance and at one point chortled while talking with his lawyer."

more...

IN ADDITION

Trial will be moved back to Tucson


http://tpmmuckraker.talkingpointsme...eads_not_guilty_hearings_moved_back_to_1.php#

"Loughner was wearing an orange prison jumpsuit and wire-rimmed glasses and was seen smiling, nodding and chatting with his lawyer, who entered his plea on his behalf, Reuters reports. The newswire said the hair on his shaved head was starting to grow back.

Surprisingly, his lawyer Judy Clarke did not oppose a motion by the U.S. Attorney for the District of Arizona to move the trial back to Tucson, where it would be easier for the families of victims of the shooting to attend, MSNBC reported."

As is always the case, the media does a very poor job on reporting on legal matters.

The "trial" has not been moved to Tucson. We can look at the proceedings as divided into (a) all pre-trial proceedings, which will take years to complete, and (b) the trial itself, plus the sentencing phase. The prosecution will naturally want all pre-trial proceedings and the trial itself to take place in Tucson. The defense, on the other hand, will almost certainly move the court to transfer venue for just the trial to, not just Phoenix, but outside of Arizona entirely. Earlier today, when the prosecution requested that pre-trial proceedings be shifted back to Tucson instead of Phoenix, Loughner's counsel raised no objection to that. Frankly, it probably makes things easier for her, since she needs access to the same evidence and witnesses the prosecution does, most of which are located in Tucson. I actually can't think of any good reason why pre-trial proceedings should continue to take place in Phoenix at all, after the entire Phoenix division of Arizona's federal bench recused itself.

None of this means, however, that "trial" will be in Tucson. The trial venue will be the subject of a huge legal battle to be presided over by Judge Burns, at a later date. The precedent on whether trials of such magnitude are moved is mixed. A good analogous precedent is the trial of Timothy McVeigh, which was moved completely out of the state of Oklahoma, to Colorado. Another geographic precedent is a murder case that got extensive media coverage in Arizona in the 1970s. In that case, involving the suspected Mafia murder of Phoenix journalist Don Bolles, the case was sent to San Diego for trial. Both of those precedents suggest a similar change of venue here. But, there are also counter-precedents. Bottom line: the battle is yet to be fought.
 
gitana — There has been no indication that Loughner was previously on meds to "go off his meds again" as you say. Unless you know something no one else knows?

Nope. That was a typo. Most people found not guilty by reason of insanity are medicated or otherwise treated. If Loughner is found not guilty by reason of insanity, and treated, and later found to be sane, he is likely, IMO, to go off his meds in the future and again commit a horrible crime.
 
Loughner is to remain in Phoenix at least through his next March 9 hearing date.

http://www.azcentral.com/news/artic...giffords-shooting-loughner-march-hearing.html
From that article:
"In a subsequent order Monday summarizing the day's hearing matters, Burns (Judge Larry A. Burns) indicated that the next hearing would be in Phoenix, but that the motion to move proceedings to Tucson remained under advisement.

Burns set the March 9 hearing to update the status of the case and to determine a trial date so that the case can go forward."


I don't like this judge yet. Am wondering if it is more convenient for him to get to Phoenix from San Diego than it is for him to get to Tucson?

March 9 is a Wednesday, by the way, Ash Wednesday.
 
From that article:
"In a subsequent order Monday summarizing the day's hearing matters, Burns (Judge Larry A. Burns) indicated that the next hearing would be in Phoenix, but that the motion to move proceedings to Tucson remained under advisement.

Burns set the March 9 hearing to update the status of the case and to determine a trial date so that the case can go forward."


I don't like this judge yet. Am wondering if it is more convenient for him to get to Phoenix from San Diego than it is for him to get to Tucson?

March 9 is a Wednesday, by the way, Ash Wednesday.

The movement from Tucson to Phoenix in the first place was done rather abruptly, actually. The judge is putting a halt to the unexplained back and forth and putting some order back into the proceedings, as I see it. He will probably move Loughner back to Tucson since neither side objects, but only after allowing the proper motions to be filed and a discussion to be had on the status of the case (on March 9). Also keep in mind that transporting the inmate back and forth is a complicated venture, that he probably doesn't want to see happening more than once or twice.

As for whether he's a good judge or not, he is a highly experienced federal judge with a strong background in death penalty cases, and high profile cases too. I've heard only good things about him.
 
Oh, Arizona, I am sure everything you say is true and accurate. No argument from me.

Just feeling frustrated today, I guess.
 
Such exciting news!!

http://news.yahoo.com/s/ap/20110126...5bl9oZWFkbGluZV9saXN0BHNsawNkb2N0b3JzZ2lmZm8-

Doctors: Giffords will move Wed. to rehab facility

"Rep. Gabrielle Giffords will be moved to a rehabilation facility Wednesday morning after doctors upgraded her condition from serious to good, said the Houston hospital overseeing the Arizona congresswoman's recovery.

Memorial Hermann Texas Medical Center Hospital said Tuesday that her doctors have determined she is ready to move to TIRR Memorial Hermann, another facility at the hospital where her rehabilitation will begin....."

More at link
 

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