there is a guy who is the town drunk, and his name is john casey. i met him, and he was drinking an enormous 10 of the year. it was of vero -- enormous can of beer. it was unfaia barrel. he was thrown into jail. casey walked back into the court and says, what happened to my case? the judge says, you pleaded guilty. casey walks out. people ask me, when do you think is the worst case of ordinary justice then clearly when people spend decades in prison, those kilmeade. to be innocent in prison and to have a community who thought -- those kilmeadl me. to be innocent in prison and to have a community who thought you were guilty, but there was this guy, and no one stood up. there was a line of public defenders in the first row who could have said, where is jon casey? nobody stood up, and that is one of the problems of ordinary injustice. they become so worried about their own interests that they stop thinking about the people they are supposed to be protecting. >> we should have invited that judge to come to see what he would say. last year, our reporter

and fox's casey stegall joining joins us now with what we can expect. >> reporter: arizona's top judge johnrowe was killed in the attack. loughner will be in court tomorrow morning. two major things are expected to happen. he will enter a plea and also a trial date will be set. i'll give you background quickly on wednesday a grand jury handed up three indictments against loughner. now additional charges are expected in the next 60 days in the slayings of judge rowe. loughner has already waved his right to a trial by jury so a judge will rule his fate. meantime as far as congresswoman giffords condition goes she still remains in that intensive care unit at the rehab facility in houston texas because of fluid build up in the brain. congress giffords still cannot speak because of her breathing tube and it's not clear when that breathing tube will be removed. but a physical therapist is working with her on sitting and standing if you can believe that already. a speech pathologist is working with her to improve communication skills. doctors say that her right side is weaker than the other becaus