Colorado Springs Planned Parenthood shooting suspect back in court

COLORADO SPRINGS, Colo. (KRDO) -- The man accused of killing three people and injuring eight others in an attack on a Colorado Springs Planned Parenthood is back in court Tuesday. Robert Dear is set to go before a federal judge to determine if he should be medicated involuntarily.

Since 2016, Dear has repeatedly been deemed incompetent to stand trial. Over the next two days, a judge will determine if medicating him involuntarily will restore Dear to competency. 

KRDO's newspartners, 9News in Denver, were in the courtroom Tuesday and say Robert Dear had several outbursts during the discussion of forced medication. At one point Dear even said, ‘They want to turn me into a zombie.’

When prosecutors suggested they wanted him to take medication so he could assist in his own defense Dear said, “There is no defense… I did it.”

During these hearings, information about his mental and physical health will be revealed, including specific diagnoses. Dear was diagnosed with a delusional disorder in 2016.  

Colorado Springs attorney Jeremy Loew says in order for a judge to agree to forcible medication, there’s four things prosecutors must prove.

"Prong number one: whether there's a significant government interest at stake," said Loew. "Prong number two: whether that significant government interest can be furthered. Prong number three: is whether that significant government interest can be furthered by forced medication. And prong number four: whether forced medication is appropriate and can be administered successfully in this type of situation."

Several times throughout his court proceedings, Dear has been declared mentally incompetent to stand trial, because he lacks a rational understanding of the case against him and is too distrustful of his attorneys.

Neither the prosecutors nor the defense have contested the findings, but Dear has repeatedly insisted that he is competent.

The ruling, though, continues to delay bringing him to trial. 

After years of stalled justice, many may be wondering if there’s a possibility the federal and state cases against Dear could ever be thrown out. Loew says, absolutely not.

"So in Mr. Dear's case, he's being charged with first degree murder," said Loew. "But let's say it was a case where the penalties carried 1 to 3 years in prison, and let's say this person was held in a state hospital or in a facility for the three years -- the maximum penalty that they could be looking at while they're trying to restore to competency. Once that maximum penalty hits, they will be released. Additionally, if it's determined that they can never be restored to competency, the district attorney or the court can also dismiss the case. Now, I can assure you in this case, the people in the court are never going to dismiss the case. It's just not going to happen. The federal government's involved, the state government's involved, and the loss of three lives and and countless other lives have been forever changed as a result of this.”

Because he is facing a life sentence, Loew says if medication doesn't help, Dear will likely stay in a facility waiting to be found competent for the rest of his life. 

In September 2021, a judge ordered Dear to continue to receive mental health treatment in hopes that a trial can happen eventually. He faces 179 counts in state courts for the attack.

Also in 2019, a federal grand jury indicted him on 68 new counts.

The federal hearing began Tuesday, Aug. 30 at 9:30 a.m. and continues through Sept. 1, Wednesday at 9 a.m.      

Dear has a review hearing scheduled in a Colorado Springs court on September 30, 2022. 

"If the judge finds, and I believe he likely will, that forced medication as appropriate, they'll try and force medicate Mr. Dear," said Loew. "If he's medicated, they'll continue to do competency evaluations. And if he is competent, they can bring him back into court and continue with the proceedings, hopefully setting a trial date and ultimately going to trial."