Legal News

Judge Orders Psychological Testing of Smiling Jared Loughner

By Ashby Jones

Is Jared Loughner competent to stand trial?

That issue has yet to be determined, but U.S. District Judge Larry Burns seems to have his concerns.

“I have concerns given the defendant’s affect,” said Burns during a hearing on Wednesday, at which Loughner pleaded not guilty to a new 49-count federal indictment.

And what, pray tell, was the defendant’s “affect” all about? Well, according to various news reports, Loughner smiled for much of the nearly two-hour proceedings, as depicted in this rather creepy court rendering of Loughner and his lawyer, Judy Clarke.

Also on Wednesday, Judge Burns granted a motion from federal prosecutors for Loughner to submit to psychological exams and a hearing to determine if he is competent to stand trial. Click here for the WSJ story; here for the NYT story; here for the Arizona Republic story. Click here for all previous LB coverage of the Jan. 8 shooting in Tucson.

Several people identified by court officials as members of Loughner’s family were present, though they declined to speak to the media or identify themselves.

Two of the family members-an older man and a woman-slumped their shoulders as the charges were read.

If Loughner is found incompetent to stand trial, he will remain in prison and undergo therapy until competency is restored.

Loughner’s defense attorney, Judy Clarke, argued that a psychological exam would disrupt the relationship of trust she is trying to build with her client.

But Judge Burns said that while he deferred to her judgment on whether Loughner could aid in his own defense, he felt the court needed to know whether Loughner could understand the proceedings.

“The problem is we’re just sort of in limbo” until the court can determine if Mr. Loughner is competent to stand trial, the judge said.

Full post as published by Law Blog - WSJ.com on March 10, 2011 (boomark / email).