Clinic shooting suspect won’t be forcibly medicated for now

Sep 28, 2022, 2:19 AM | Updated: 3:30 pm
FILE - Robert Dear talks to Judge Gilbert Martinez during a court appearance in Colorado Springs, C...

FILE - Robert Dear talks to Judge Gilbert Martinez during a court appearance in Colorado Springs, Colo., on Dec. 9, 2015. Dear, charged with killing three people in 2015 at a Colorado Planned Parenthood clinic because it offered abortion services, won't be forcibly medicated as he appeals a federal judge's order allowing the involuntary treatment in September 2022. (Andy Cross/The Denver Post via AP, File)

(Andy Cross/The Denver Post via AP, File)

DENVER (AP) — A mentally ill man charged with killing three people in 2015 at a Colorado Planned Parenthood clinic because it offered abortion services will not be forcibly medicated as he appeals a federal judge’s order allowing the involuntary treatment.

Earlier this month, U.S. District Judge Robert Blackburn ruled that involuntary medication was the only realistic approach with a substantial chance of making Robert Dear, 64, competent to stand trial and was also in the best interest of his overall health, both mental and physical.

Dear’s attorneys appealed the order to the 10th U.S. Circuit Court of Appeals and on Monday Blackburn ruled that Dear would not be involuntarily medicated while the appeal is considered, which could take several months. Federal prosecutors did not object to the order being put on hold, according to court records.

Dear’s federal public defenders challenged the involuntary medication order in part because it allows force to also be potentially used to get Dear to take medication or undergo monitoring for any potential side effects to his physical health.

Dear’s lawyers have argued that forcing Dear to be treated for his delusional disorder could aggravate conditions including untreated high blood pressure and high cholesterol. However, in the appeal, they say that Blackburn’s decision to give prison doctors the right to force treatment or monitoring for other ailments is “miles away” from the limited uses for forced medication allowed by the U.S. Supreme Court.

The appeal noted that the last forced medication order reviewed by the 10th Circuit took three months to resolve.

Dear’s prosecution has stalled, first in state court and then in federal court, because he has been repeatedly found mentally incompetent to stand trial since his arrest and he has refused to take medication.

During a three-day hearing this summer on whether he should be forcibly medicated, prosecutors argued that medication had a substantial likelihood, based on research and the experience of government experts, to make Dear well enough to meet the legal standard for mental competency — being able to understand proceedings and assist in his defense.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


FILE - The OpenAI logo is seen on a mobile phone in front of a computer screen displaying output fr...
Associated Press

Musk, scientists call for halt to AI race sparked by ChatGPT

Are tech companies moving too fast in rolling out powerful artificial intelligence technology that could one day outsmart humans?
8 hours ago
Associated Press

Starbucks leader grilled by Senate over anti-union actions

Longtime Starbucks CEO Howard Schultz faced sharp questioning Wednesday before the Senate Health, Education, Labor and Pensions Committee
1 day ago
FILE - The overdose-reversal drug Narcan is displayed during training for employees of the Public H...
Associated Press

FDA approves over-the-counter Narcan; here’s what it means

The U.S. Food and Drug Administration on Wednesday approved selling naloxone without a prescription, the first over-the-counter opioid treatment.
1 day ago
FILE - A Seattle police officer walks past tents used by people experiencing homelessness, March 11...
Associated Press

Seattle, feds seek to end most oversight of city’s police

  SEATTLE (AP) — The U.S. Justice Department and Seattle officials asked a judge Tuesday to end most federal oversight of the city’s police department, saying its sustained, decade-long reform efforts are a model for other cities whose law enforcement agencies face federal civil rights investigations. Seattle has overhauled virtually all aspects of its police […]
2 days ago
Associated Press

Washington moves to end child sex abuse lawsuit time limits

People who were sexually abused as children in Washington state may soon be able to bring lawsuits against the state, schools or other institutions for failing to stop the abuse, no matter when it happened.
2 days ago
Three children and three adults were killed in a shooting at a private Christian grade school in Na...
Associated Press

Nashville shooter who killed 6 drew maps, surveilled school

Three children were killed in a shooting at a private Christian grade school in Nashville on Monday, hospital officials said.
3 days ago

Sponsored Articles

Compassion International...

Brock Huard and Friends Rally Around The Fight for First Campaign

Professional athletes are teaming up to prevent infant mortality and empower women at risk in communities facing severe poverty.
Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.
SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Clinic shooting suspect won’t be forcibly medicated for now