Prison officials should be able to force meds on Loughner, prosecutors say
Whether an inmate is awaiting trial or has been convicted of a crime, prison officials still have the right to medicate them to reduce their dangerousness, federal prosecutors argued in a brief Wednesday in the Tucson shooting spree case.
The 67-page brief to the 9th U.S. Circuit Court of Appeals answers a defense argument filed for Jared Lee Loughner July 27. In that filing, Loughner’s attorneys said prison officials must get a court order before forcing him to take anti-psychotic drugs that could also render him competent to stand trial.
Also Wednesday, the appeals court set a date for oral arguments — Aug. 30 before a three-judge panel in San Francisco.
“The legitimate interest of a prison to maintain safety and security is the same whether the inmate is a pretrial detainee or a convicted prisoner,” prosecutors argued in their brief.
They also said the defense argument that anti-psychotic drugs can have negative side effects ignores other key points: They normally have positive effects, newer drugs have fewer side effects, and Loughner did not experience significant side effects when taking anti-psychotics.
The defense “discussion of side effects that may be experienced is undermined by the record showing he tolerated the medication well,” prosecutors said.
The prosecutors also countered a defense argument that prison officials should have used a lesser medication, such as a sedative, to reduce his dangerousness.
They cited a brief filed in the case Aug. 3 by the American Psychiatric Association saying that sedatives do not offer a good alternatives to antipsychotics for schizophrenia.
Loughner, who has been diagnosed with schizophrenia, is charged with 49 crimes in the Jan. 8 shooting spree that left six people dead and 13 wounded, including U.S. Rep. Gabrielle Giffords
The 67-page brief to the 9th U.S. Circuit Court of Appeals answers a defense argument filed for Jared Lee Loughner July 27. In that filing, Loughner’s attorneys said prison officials must get a court order before forcing him to take anti-psychotic drugs that could also render him competent to stand trial.
Also Wednesday, the appeals court set a date for oral arguments — Aug. 30 before a three-judge panel in San Francisco.
“The legitimate interest of a prison to maintain safety and security is the same whether the inmate is a pretrial detainee or a convicted prisoner,” prosecutors argued in their brief.
They also said the defense argument that anti-psychotic drugs can have negative side effects ignores other key points: They normally have positive effects, newer drugs have fewer side effects, and Loughner did not experience significant side effects when taking anti-psychotics.
The defense “discussion of side effects that may be experienced is undermined by the record showing he tolerated the medication well,” prosecutors said.
The prosecutors also countered a defense argument that prison officials should have used a lesser medication, such as a sedative, to reduce his dangerousness.
They cited a brief filed in the case Aug. 3 by the American Psychiatric Association saying that sedatives do not offer a good alternatives to antipsychotics for schizophrenia.
Loughner, who has been diagnosed with schizophrenia, is charged with 49 crimes in the Jan. 8 shooting spree that left six people dead and 13 wounded, including U.S. Rep. Gabrielle Giffords
Read more: http://azstarnet.com/news/local/crime/article_2e0062b2-c3b2-11e0-8945-001cc4c03286.html#ixzz1UhDplawb
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