Examining Loughner

Jared Loughner (Pima Co. Sheriff)

The legal battle over where and how to conduct a psychiatric exam of Jared Loughner landed in the Ninth US Circuit Court of Appeals March 24. And the question particularly important to the defense:  do prosecutors get to see a videotape of the exam?  Loughner was charged in the Jan. 8 Arizona shooting that killed six, including a federal judge, and wounded Rep. Gabrielle Giffords, along with 13 others.   See the Arizona Republic story here.

Defense lawyer  Judy Clarke of San Diego wanted to block videotaping of psychiatric interviews to protect his rights against self-incrimination and opposed any video getting into the hands of prosecutors.  She also wanted Loughner returned to Tucson.  A federal judge in Arizona had earlier agreed to allow Loughner to be examined in the federal prison in Missouri.  

The Ninth Circuit on Friday imposed a partial stay by ordering any videotape kept under wraps until the three-judge panel can evaluate the legality of sharing it with prosecutors.  See the Ninth Circuit order here.

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