Prosecutors seeking dismissal of Loughner appeals

AP News
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Posted: Dec 09, 2011 9:44 PM
Prosecutors seeking dismissal of Loughner appeals

Prosecutors again are asking a federal court to dismiss appeals by the Tucson shooting suspect over his forced medication with anti-psychotic drugs.

The U.S. Attorney's Office in Tucson filed an 11-page reply Friday with the U.S. 9th Circuit Court of Appeals.

Jared Lee Loughner's lawyers say he should have been afforded a hearing in open court to decide if he's been deprived of his right to refuse the medication.

Like they did on Nov. 22, prosecutors claim the defense appeal of the forced medication issue is moot.

Loughner has pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including U.S. Rep. Gabrielle Giffords.

He remains at a Missouri prison as therapists try to make him mentally competent to stand trial.