Loughner's legal team files emergency appeal

CREATED Sep. 30, 2011

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  • Loughner appears in court on Wednesday. Sketch by Bill Robles.

Reporters:  Craig Smith and Forrest Carr

TUCSON (KGUN9-TV/AP) - Lawyers for the Tucson shooting rampage suspect have appealed a ruling that will send him back to a Missouri prison facility for four months. 

Jared Lee Loughner's attorneys told U.S. District Judge Larry Burns on Friday that they intend to ask the 9th Circuit Court of Appeals to reverse his Wednesday ruling.  And they asked Judge Burns to leave Loughner in prison in Tucson in the meantime.   The lawyers claim that Loughner's return to Missouri might cause him "irreparable harm."

On Wednesday Judge Burns extended Loughner's four-month commitment at the prison facility in Springfield, Mo., by another four months.  He also rejected requests by defense attorneys to halt their client's forced medication with psychotropic drugs.  Loughner's lawyers now claim that in making his judgment, Judge Burns relied too heavily on testimony from the prison psychologist.  

Loughner has pleaded not guilty to 49 federal charges stemming from his January 8 shooting rampage.  That shooting killed six people and wounded another 13, including U.S. Rep Gabrielle Giffords.