Lawyers: Insanity Defense Won't Work
CNN reports:
The alleged shooter in Saturday's deadly Tucson massacre may have difficulty making the case for a successful insanity plea, experts said Tuesday.
Jared Lee Loughner, 22, who authorities say shot up a gathering held by U.S. Rep. Gabrielle Giffords, D-Arizona, outside a supermarket, has been anecdotally regarded as very troubled and perhaps mentally unbalanced because of his ramblings spotted on the internet and the ways he has been described by acquaintances.
But Paul Callan, a criminal defense attorney and a former prosecutor, and Jeff Gardere, a clinical and forensic psychologist, told CNN's American Morning Tuesday they have doubts that an insanity plea would stand.
With the "amount of planning that went into this assassination," Callan believes "it's highly unlikely he will meet the legal insanity defense threshold."
"It's very hard to prove insanity at trial," Callan said. "You really have to prove that your mental illness is so severe that you don't even understand that you're committing a criminal act. And It's almost impossible to prove that."
Gardere emphasized that "premeditation will work against him in this one as far as getting an insanity plea."
Judy Clarke, Loughner's defense attorney, has not broached this issue.
Court documents released Sunday show that investigators found a letter from Giffords in a safe at the house where Loughner lived with his parents, thanking him for attending a 2007 event, similar to Saturday's meet-and-greet.
"Also recovered in the safe was an envelope with handwriting on the envelope stating 'I planned ahead,' and 'my assassination' and the name 'Giffords,' along with what appears to be Loughner's signature," the affidavit states.
