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Man to be Medicated for Capitol Trial |
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JULY 27, 14:26 EDT
By DERRILL HOLLY
Associated Press Writer
WASHINGTON (AP) — A man accused of killing two U.S. Capitol Police
officers in 1998 can be forcibly medicated to make
him mentally competent to stand trial, a federal
appeals court ruled Friday. Russell E. Weston Jr.,
who has a 20-year history of paranoid schizophrenia, is
charged with murder in the deaths of Jacob J. Chestnut and John M. Gibson,
who were shot and killed as they manned their posts inside the Capitol
July 24, 1998. He is also charged with the attempted
murder of Officer Douglas B. McMillan and faces
three lesser weapons charges in connection with events preceding his
arrest. For nearly three years, Weston has refused
to take medication to treat his mental illness. His
lawyers contend that forcible medication would violate his
Fifth Amendment right to due process and violate his right to a fair
trial. ``The government's interest in
administering anti-psychotic drugs to make Weston
competent for trial overrides his liberty interest,'' Judge A. Raymond
Randolph wrote on behalf of the three-judge panel of the U.S. Circuit
Court of Appeals for the District of Columbia. The panel upheld a ruling
issued in March by U.S. District Judge Emmet G. Sullivan. Weston,
44, is from Valmeyer, Ill., and lived part-time near Helena, Mont.,
before his arrest. Russell Weston Sr.
said he and his wife, Arbah Jo, are opposed to their son's
being medicated to stand trial ``as long as they have the death penalty.''
On advice of attorneys, he declined to comment further. Since
his arrest, Weston's mental condition has continued to erode, according
to mental health experts at a U.S. Bureau of Prisons hospital in Butner,
N.C. He uses a cane or crutches to walk because of injuries he received
when he was shot by police before his arrest. More
than a year ago, Dr. Sally Johnson, a psychiatrist and associate warden
at the Federal Correctional Institute, testified that
without treatment Weston's condition would likely
worsen. Although he remains at Butner, he has not
been medicated pending the decision by the appeals panel. ``The
only thing we have left to do is petition the Supreme Court, and we
will,'' said A.J. Kramer, an attorney with the federal
public defender's service. Kramer, who has
represented Weston since his arrest, said he continues
to have the support of his family. ``His parents
come down to visit him from Illinois, and so does his sister,''
Kramer said.
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