- Associated Press - Wednesday, February 23, 2011

PHOENIX (AP) — The U.S. Marshals Service on Tuesday released a new image of the man suspected of shooting Rep. Gabrielle Giffords, killing six people and wounding a dozen others near Tucson last month.

The photo shows Jared Lee Loughner posed in front of a block cinder wall and wearing a mustard-colored jail uniform with a white T-shirt underneath. His hair is slightly grown out, and he has a cut on his right forehead.

Last week, U.S. District Judge Larry A. Burns said he was leaving it up to the marshals to decide whether to release the mug shot of the 22-year-old Mr. Loughner, taken in Phoenix while Mr. Loughner was in the agency’s custody.

The previously unreleased photo is different from the mug shot released by the Pima County Sheriff’s Office and taken two days after Mr. Loughner was arrested.

Defense attorneys have argued against releasing the new photo, saying it invades Mr. Loughner’s privacy and doesn’t serve any legitimate public interest. In addition, mug shots reveal people at their most humiliating moments, the lawyers said.

Judge Burns said he did not agree the photo would invade Mr. Loughner’s privacy or harm his chance at a fair trial, but he said he didn’t have the authority to rule on the matter because the 6th U.S. Circuit Court of Appeals requires the U.S. Marshals Service to release the photo.

“We’re making these pictures seem way more ominous than they really are,” Judge Burns said, adding the second mug shot is much “tamer” than the first one that has been widely circulated on the Internet. That photo showed Mr. Loughner wide eyed and smiling.

The Jan. 8 attack outside a Tucson-area grocery store also left a federal judge, an aide to Ms. Giffords and a 9-year-old girl dead. Mr. Loughner has pleaded not guilty to federal charges in the case.



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