News organizations failed to persuade a federal judge Larry Burns in San Diego to release a second mug shot and search-warrant records involving Jared Loughner, the defendant in the Arizona shooting rampage that killed six people and wounded U.S. Rep. Gabrielle Giffords (D-AZ), the Associated Press reports. Burns said he was leaving it up to the U.S. Marshals Service to decide whether to release the mug shot of Loughner, 22, taken in Phoenix while in the custody of the agency.
Burns also held off on unsealing search warrant records that show what was seized from the home of Loughner after the Jan. 8 shooting. Defense attorneys argued releasing the second photo would invade Loughner’s privacy and doesn’t serve a legitimate public interest. Prosecutors described the photo as showing Loughner with abrasions on his face and a cinderblock-wall background. Burns said he did not agree the photo would invade the suspect’s privacy or harm his chance at a fair trial, but he said he didn’t have the authority to rule on the matter. David Bodney, an attorney representing The Arizona Republic and Phoenix TV station KPNX, argued that there is no basis for the documents to remain sealed.