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Feds will refile murder charges against Loughner

Defense seeks to block release of mug shot

Federal prosecutors will refile murder charges against Jared Lee Loughner before a March 9 court date, a spokesman said. Prosecutors asked this week to drop charges filed earlier in the shooting deaths of U.S. District Court Judge John Roll and congressional aide Gabriel Zimmerman.

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7 comments on this story

Feb 12, 2011, 3:52 pm
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“Mug shots are powerfully associated with criminality,” Loughner’s attorneys said in the motion.

And baby photos are powerfully associated with childhood. Loughner’s got himself some genius representation, sounds like.

Feb 12, 2011, 4:20 pm
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Well, mug shots are taken when one is booked into jail, not when a conviction is made.

Loughner’s lead attorney, Judy Clarke, also defended Ted Kaczynski, Eric Rudolph, Zacarias Moussaoui, and Susan Smith, so she’s got some skill in keeping her clients off death row.

Feb 12, 2011, 4:30 pm
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Um, yes.

Doesn’t make the statement any less obvious. And I find it extremely difficult to believe that the Jared Loughner case will prove the watershed moment in legal history when booking photos were ruled unpublishable. [If they are, TMZ is out of business!]

Feb 12, 2011, 4:47 pm
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The feds don’t generally release booking photos - thus the suit to try to have them release it.

It’s not a matter of having them ruled unpublishable; Clarke is responding to a move to have it released.

Feb 12, 2011, 4:53 pm
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Sorry, isn’t that the shot that has been published far and wide already?

Feb 12, 2011, 5:02 pm
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Nope, that was an investigative photo taken by the Pima County Sheriff’s Department. He wasn’t booked prior to being transferred to federal custody; the feds have a mug shot that hasn’t been released.

In Arizona, such photos are generally public records, so PCSD released the pic they took:

The now-famous photograph of a grinning Loughner that has run worldwide was taken by Pima County Sheriff’s Department deputies soon after they arrested him on Jan. 8. This request doesn’t affect that photo.

Loughner was transferred to federal custody the night of Jan. 8 and the mug shot in question was taken by federal officials at some point after the PCSD photo.

A motion trying to unpublish a legally released photo (or even an illegally released one, really) wouldn’t fly very far.

Feb 12, 2011, 5:18 pm
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I knew I should have read more closely. ;-)

Hard to imagine the federal booking photo is more damning than Pima County’s, though! File under: Batshit Crazy

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