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View Full Version : Hasan Won't Plead Guilty, May Use Insanity Defense, Lawyer Says



megimoo
11-23-2009, 09:23 AM
The defense attorney for the Army psychiatrist charged with killing 13 people at Fort Hood reportedly has said his client will probably plead not guilty and that an insanity defense is possible.

"I anticipate that the plea will be not guilty," Retired Army Col. John Galligan.
snip.

Maj. Nidal Hasan will be confined until his military trial, initially staying in a hospital where he is recovering from gunshot wounds, the attorney said. Hasan has no feeling from the chest down and has limited movement in his arms.

When asked if he would enter an insanity plea for Hasan, Galligan said, "I'm fairly confident that that's going to have to at least be examined. And that's problematic. But we haven't reached that stage yet."

During a hearing in Maj. Nidal Hasan's room in a Texas hospital on Saturday, a magistrate ruled that there was probable cause that Hasan committed the Nov. 5 shooting spree at Fort Hood, said his civilian attorney, John Galligan.

Hasan has been at Brooke Army Medical Center since the shooting, and his attorney said Hasan has been told he has permanent paralysis.

"In the 36 years I've dealt with military justice cases," Galligan told ABC, "this is the first time I have ever had to go to an ICU to conduct a hearing. We could have conducted this hearing next week. He is paralyzed. He is not going on leave."

Galligan said in a telephone interview that the judge also ordered Hasan to pretrial confinement, which usually means jail, until his court-martial. The military justice system does not have bail for defendants.


http://www.foxnews.com/story/0,2933,576125,00.html

noonwitch
11-23-2009, 11:20 AM
What's the liklihood of an insanity defense working in military court? I'm not sure it would work in a civilian case of multiple counts of murder.


In most states, all it really accomplishes in a case like this is that it will take the DP off the table, and ensure that the convict gets mental health treatment while serving a life sentence. Most states changed the way they did insanity defenses for murder/attempted murder after Hinckley got off legally, but has been confined by the mental health system since (although I know they've increased how much time outside the hospital he gets).

Sonnabend
11-23-2009, 02:55 PM
In most states, all it really accomplishes in a case like this is that it will take the DP off the table, and ensure that the convict gets mental health treatment while serving a life sentence

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