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Colo. Supreme Court clears way for Planned Parenthood shooter to be forcibly medicated

Author: Ellie Mulder, The Gazette - June 11, 2018 - Updated: June 11, 2018

In this Dec. 9, 2015, file photo, Robert Lewis Dear talks to Judge Gilbert Martinez during a court appearance in Colorado Springs, Colo. The judge is set to rule on the mental state of Dear who acknowledged killing three people at a Planned Parenthood clinic in Colorado. Martinez announced Wednesday, May 11, 2016, that Dear was mentally incompetent to stand trial. (Andy Cross/The Denver Post via AP, Pool, File)In this Dec. 9, 2015, file photo, Robert Lewis Dear talks to Judge Gilbert Martinez during a court appearance in Colorado Springs. (Andy Cross/The Denver Post via AP, Pool, File)

The Colorado Supreme Court cleared the way Monday for admitted Colorado Springs Planned Parenthood shooter Robert Lewis Dear Jr. to be medicated against his will.

The state’s highest court declined to review Dear’s challenge of a Colorado Court of Appeals decision in January to allow state psychologists to forcibly medicate him.

Dear, 60, has been held in the Colorado Mental Health Institute in Pueblo for two years, since a judge ruled him mentally incompetent to be prosecuted and stand trial.

Dear most recently was declared mentally unfit for trial May 22. 4th Judicial District Chief Judge William Bain said he based his decision on the latest report from Dear’s treatment team, which again found Dear incompetent, meaning he does not have a “rational” understanding of the court process.

Under state law, Dear must be evaluated every 90 days by state psychiatric evaluators. He has been ruled incompetent each time.

State psychologists say Dear suffers from delusional disorder. He repeatedly has railed in court against forced medication, claiming to have had a “chemical lobotomy.”

Dear can be held indefinitely, up to the rest of his life, on the first-degree murder charges in the slayings of three people, including a police officer from the University of Colorado at Colorado Springs.

A judge would have to find that Dear has been made competent before he can face the 179 counts filed by prosecutors.

Dear has admitted gunning down the three people to “save the babies” at Colorado Springs’ Planned Parenthood clinic on Nov. 27, 2015. He also told police he decided to make his stand against the FBI at Planned Parenthood, which he described as the “most evil” place on Earth.

Ke’Arre Stewart, Jennifer Markovsky and UCCS Officer Garrett Swasey were killed in the attack. Five of nine others wounded in the shootout were law enforcement officers.

Ellie Mulder, The Gazette

Ellie Mulder, The Gazette