Loughner evaluation site center of dispute in court

Loughner's defense team wants to have all evaluations of their "seriously ill client" done here, but by doctors from outside the Tucson area. Prosecutors want to send him to a federal medical-referral center, most likely in Missouri, for up to 30 days, according to U.S. District Court documents filed Wednesday.

The federal prison in Tucson is not a "suitable facility" for such evaluations, prosecutors argue in the document. They want Loughner to go to a Bureau of Prisons site out of state.

Dr. Donald Lewis, the chief of psychiatry for the Bureau of Prisons, said the federal medical-referral center is "best suited for this competency study," noting that Springfield, Mo., in particular "has medical staff available for neurology and other organic testing, and has far more forensic staff and full-time psychiatrists available to provide round the clock assistance," according to court documents.

In some cases, an interview with the defendant may be enough to make a decision on competency, prosecutors said in the filing, but "in a case like this one," where Loughner may be uncooperative, psychiatrists and psychologists must observe and interpret his behavior.

If Loughner is found incompetent, prosecutors argue that he will already be at a place where he could receive suitable treatment and further evaluations, and if found competent he would return to Arizona.

Taking Loughner out of state would disrupt the efforts to build a "stable attorney-client relationship," defense attorneys argued in court documents.

Defense attorneys requested that all statements made by Loughner during the court-ordered competency evaluation be protected from use against Loughner in court.

Lead defense attorney Judy Clark did not return a call from The Associated Press seeking comment, and a spokesman for U.S. Attorney for Arizona Dennis K. Burke said he would not comment beyond the filing.

The mental competency at issue refers only to a defendant's ability to understand the proceedings against him and to assist in his or her defense. Clark insisted that because the exam has been court-ordered, prosecutors should not be allowed to use anything they learn from it in their efforts to convict him, citing his Fifth Amendment right against self-incrimination.

Defense lawyers have not said if they intend to present an insanity defense, but if they pursue that course, it will not be easy. After John Hinckley was found not guilty by reason of insanity for the 1981 shooting of President Ronald Reagan, Congress changed the law to make it much more difficult to claim insanity. Legal experts call any such defense an uphill battle after the changes.

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

Prosecutors have brought dozens of charges against Loughner, including trying to assassinate Giffords, attempting to kill two of her aides, and killing U.S. District Judge John Roll and Giffords staffer Gabe Zimmerman. Loughner also is charged with causing the deaths of four others who weren't federal employees, causing injury and death to participants at a "federally provided activity" and using a gun in a crime of violence.

Many of the counts could bring a death sentence, but prosecutors have not announced if they will pursue that penalty. State charges are on hold until the federal case is complete but also carry the potential for the death penalty.

U.S. District Judge Larry Burns ordered the competency exam at a hearing in Tucson last week. He ordered the defense and prosecution lawyers to try to agree on where and how it would be held, but after a meeting on Monday they were unable to reach a consensus. Wednesday's court filings throw the decision back to Burns.

The Associated Press contributed to this report. Contact reporter Fernanda Echavarri at fechavarri@azstarnet.com or 573-4224.