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Jared Lee Loughner, 23, is charged with 49 counts after he opened fire at a "Congress on Your Corner" event on Jan. 8, 2011. (Source: U.S. Marshals)
Gabrielle Giffords, the former Congresswoman who sustained a gunshot wound to her head after a shooting in Tucson, AZ, resigned from office Jan. 25 to focus on her recovery. (Source: YouTube)SAN DIEGO (RNN) - A federal court will determine Monday whether the man accused of killing six and injuring 13, including then-Arizona Congresswoman Gabrielle Giffords, should continue his stay at a medical facility for prisoners in hopes of reaching competency for trial.
Judge Larry Burns is expected to order Jared Lee Loughner, 23, to stay at the facility in Springfield, MO, for another four months.
Dr. Christina Pietz, a court-appointed psychologist for Loughner, submitted a competency report to the Arizona District Court on Jan. 30, in which she said she believes "the defendant has made measurable progress toward competency," according to a court filing.
[More on the 2011 Giffords shooting and aftermath]
Loughner suffers from schizophrenia and has been ruled incompetent to stand trial twice before. He has been at the facility in Springfield since May 2011.
He is still incompetent to stand trial, according to her, as he "lacks an adequate understanding of the nature and consequences of the charges against him."
The prosecution originally asked the court to keep Loughner at the Springfield facility for eight more months when it was determined in September 2011 that he was still unfit to stand trial. He was instead given four months at the center.
The hearing comes as the defense and prosecution continue to argue about whether Loughner may be forcibly medicated.
On June 14, 2011, authorities in Springfield determined that the defendant could be medicated as a potential "danger to others." Medication was temporarily stopped as Loughner appealed the decision, but he was made to start medication again July 18, 2011 after it was determined that he posed "a danger to himself."
Judy Clarke, Loughner's attorney, has argued that the medication has been used as a way of restoring the defendant to competency and not for the purported risk he posed to himself, therefore violating his fair trial rights.
Loughner has been held at the Springfield facility on-and-off since March 23, 2011, after the Court moved him from Tucson, AZ, to determine his initial competency to stand trial. At a May 25, 2011 hearing, it was determined that he was unfit to stand trial and he was sent back to the facility for rehabilitation.
Loughner was tackled by bystanders after opening fire at a "Congress on Your Corner" event in Tucson, AZ, on Jan. 8, 2011. After shooting then-Congresswoman Gabrielle Giffords at point-blank range, he turned his gun onto spectators at the event, killing six, including one of Giffords' staffers, a federal judge and a 9-year-old girl.
Giffords resigned from Congress in January to focus on her recovery from the attack, which resulted in a severe head injury.
He could face the death penalty as a result of the 49 charges stemming from the incident.
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