Sources say Loughner 'will almost certainly be declared mentally unfit for trial.' Judge to reassess Loughner

A federal judge ruled Wednesday that the man accused of attempting to assassinate Rep. Gabrielle Giffords (D-Ariz.) in January and killing six other people in the process is too mentally ill to stand trial — at least for now.

The hearing for shooting suspect Jared Loughner in Tucson federal court also produced some unexpected drama Wednesday after an outburst from the defendant led to him being ejected by federal marshals, press reports said.


Loughner, 22, appeared agitated as he entered the courtroom and later began rocking back and forth in his seat, Fox News reported.

“Thank you for the freak show. She died in front of me,” Loughner shouted, according to the Arizona Daily Star. It is not clear to whom Loughner was referring.

After the outburst, marshals quickly marched him out, but U.S. District Court Judge Larry Burns later allowed Loughner to return, the Associated Press said. Asked whether he wished to remain in the courtroom or watch the session on a closed-circuit TV feed, Loughner said he’d watch on TV and he was escorted out, the Star said.

Burns ordered Loughner to be held in a prison hospital for up to four months, after which his competence to stand trial will be evaluated again, the newspaper said.

Burns ruled Loughner incompetent after receiving reports from a Bureau of Prisons psychologist and an independent psychiatrist who both found him to be schizophrenic. The defense and the prosecution had indicated in court filings that they did not plan to dispute the doctors’ findings.

The judge said Loughner has an irrational distrust of lawyers and believes there is a conspiracy to prevent him from getting a fair trial, the Star reported. He revealed recently that he had received two letters directly from Loughner discussing “attorney-client” issues.

The issue of Loughner’s competence to stand trial is separate, as a legal matter, from any effort he and his defense attorneys may make to argue that he was insane at the time of the Jan. 8 shooting in a Safeway supermarket parking lot.

Several videos apparently made by Loughner have raised questions about his mental health. One appears to show him wearing plastic bags and burning an American flag. Another apparently was filmed as he walked through a community college he attended and rambled about whether teachers there were being paid with legitimate currency.

Loughner faces 49 felony counts in connection with the January shooting spree, which wounded Giffords (D-Ariz.) and killed U.S. District Court Judge John Roll, Giffords aide Gabriel Zimmerman and four others. Loughner has pleaded not guilty.

The Justice Department has not said whether it will seek the death penalty against Loughner. Evidence of mental illness on his part could influence prosecutors’ decision on whether to ask for capital punishment. Mental problems also are considered a “mitigating factor” that, if he is convicted, could lead jurors to spare him the death penalty.

Loughner also may face state charges, but the federal government has exercised its authority to prosecute first in any case involving an attempted assassination of a member of Congress.