And being aware of the events leading up to that well-publicized photo, makes it all the more disturbing. But a mug shot is not enough to save the accused Tucson shooter from death penalty charges and Loughner's defense attorney, Judy Clarke, is all too aware of that.
Loughner faces five federal charges relating to murder, attempted murder, and the attempted murder of a federal official. Federal charges will likely be followed by state charges and with evidence mounting against Loughner, it looks as though Clarke will have no choice but to seek acquittal by reason of insanity. However, considering the circumstances, an acquittal will not come easily. In order for Loughner to be acquitted due to insanity, he must first be diagnosed with an illness that could prevent him from knowing right from wrong. This is where the real problem comes in for Clarke, because Loughner left an internet trail detailing his disapproval of the United States government and even alluding to an ''assassination.''
Ultimately, the burden of proof lies with the defense and it is up to Clarke to request psychiatric evaluations on behalf of Loughner. Experts may also be called upon to consider Loughner's online rants and his seemingly nonsensical classroom disruptions at Pima Community College. The best case scenario for Loughner would occur if the defense and prosecution came to a plea agreement, based on Loughner's psychiatric state, before even going to trial. However, the likelihood of that happening is slim to none. It is more likely that the prosecution will bring in its own professionals to counter any psychiatric illness claimed by the defense. Prosecutors may very well use Loughner 's case as a warning and an example of what lies in store for anyone who is charged with such a crime. Regardless, of what happens in federal court, Loughner will likely still be tried for the six murders in state court.
