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Works, competency is about your state of mind now. can you assist in your defense? do you understand the court system? what your lawyer does? can you plead guilty voluntarily? look, it is simple here. loughner had very difficult choices here. he could go do trial. if he loses he gets the death penalty. he will not be acquitted on failure of the evidence. that means it is insanity. but the trick here in arizona, like in federal law, the defense has to prove that the defendant is insane by clear and convincing evidence. it is called an affirmative defense. the defense has to prove something. it ...

Chilling, one suspect at one point said that there was a plan to create some type of a car bomb, but that plan could not move forward because he lost a page of a notebook that contained the instructions to make that possible. the sentencing for the defendant is scheduled to take place on september 7th and the accomplices have been convicted and led guilty but did not go do trial. they are also awaiting sentencing. they testified because they expect some time of leniency. >>shepard: thank you, david lee. this is not a "they are thinking about it, planning it," if they were able to do what they ...