Rep. Giffords shooting case likely to take years

Law officials have begun a thorough investigation of Jared Loughner, including items seized from his home, surveillance video, and witness interviews, as they establish a case in his assassination attempt against Rep. Gabrielle Giffords.

The case will likely take years to pan out as it evolves through the several stages of the criminal justice system: prosecutions by both federal and state authorities, proceedings over whether to move the case to a different venue, a possible insanity defense by Jared Loughner and prosecutors' likely push for the death penalty.

The current step is an arraignment scheduled this afternoon (Monday) in Phoenix for Loughner. He is accused of opening fire on a Rep. Giffords political event two weeks ago in a rampage that wounded 13 people and killed six others.

A recent court filing by the U.S. attorney for Arizona asked that the federal case be sent back to Tucson for all further hearings.

The motion said all the victims and witnesses live in the Tucson area and should not be burdened by having to make a four-hour round trip drive to Phoenix to attend court hearings. Local federal court rules also require that a crime that happens in the court's Tucson region should be tried there unless a court moves the case.

Jared Loughner is charged in a federal indictment with attempted assassination of a member of Congress and trying to kill two federal employees. Additional federal and state charges are expected.

The case was moved to Phoenix because one of the six dead, U.S. District Judge John Roll, was based in Tucson and federal judges there recused themselves. All the federal judges in the rest of the state soon joined them, and a San Diego-based judge is now assigned to the case.

Many investigators have noted that Loughner was mentally disturbed and acting increasingly erratic in the weeks leading up to the shooting. One Tuscon personal injury lawyer said that if he pleads not guilty by reason of insanity and is successful in doing so, he could avoid facing the death penalty and be sent to a mental health facility rather than prison.

Arizona's former U.S. attorney from 2001 to 2007 (who is not involved in the Loughner case) believes Jared will likely follow through with an insanity defense.

"I do not see a lot of other viable defenses," said a Tucson lawyer who has practiced criminal defense in federal court for 30 years. "It appears the actual guilt or innocent of the shooting will not be difficult to prove, and his pre-shooting behavior seems to be a history of erratic behavior - issues of pre-existing mental illness."

The court would have to decide whether Loughner is mentally competent to stand trial, before the case even gets to trial. If he is not, Jared would be sent to a federal facility for a minimum of four months to see if they can restore his competency. It could potentially be up to two-months before officials get him into one of those facilities.

"It could take a year, it could take a year and a half. It could take longer," said the first assistant federal public defender in Arizona, regarding of the time it may take to bring the case to trial.

The fact that the investigation is relatively simple is one area that will help drive the case. While other high-profile investigations have required a lengthy process to chase down leads, authorities have said Loughner acted independently. Several people witnessed the shooting and surveillance captured it on tape.

The officials investigating the case say they have also retained writings from Loughner in which he used words like "I planned ahead," and "My assassination."

Jared Loughner will face two different cases at the federal and state level. The federal charges will entail the killing and attempted killings of U.S. government employees such as the judge and Giffords. The state case will deal with the other victims. Federal prosecutors are taking action first, as the state charges have yet to be filed.

The Pima County attorney has the discretion to decide whether to apply the death penalty against Loughner in the state case, while the federal decision on whether or not to seek the death penalty rests with Arizona U.S. Attorney and Attorney General. Prosecutors have not mentioned whether they would pursue the death penalty, but officials say all signs point toward the latter.

Whether or not the case pans out in Arizona is questionable. First, the case was transferred to Phoenix from Tucson after all federal judges there recused themselves because their co-worker was a victim, although the recent filing shows that the government wants it sent back. Next, Tuscon litigation defense lawyers could ask that the case be moved out of Arizona by arguing that overwhelming negative publicity would make it impossible for Loughner to get a fair trial.

Investigators foresee the trial to eventually be moved out of Arizona, because of people's connections to key individuals.