Mental State of Fort Hood Suspect Takes Central Role in Case |
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Defense attorneys for accused Fort Hood shooter Nidal Malik Hasan are racing to collect evidence that could show their client is insane before a psychiatric evaluation is completed.
BEN CASSELMAN | The Wall Street Journal | Published: 01/08/2010 03:54
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The Army on Wednesday evening told Maj. Hasan's defense lawyers that it had convened a so-called sanity board to evaluate whether Maj. Hasan is fit to stand trial. The three-person panel is expected to make a recommendation by the end of February, a timeline that has defense attorneys frustrated.
Maj. Hasan is accused of killing 12 fellow soldiers and one civilian in a Nov. 5 rampage at the Texas Army base. Prosecutors are expected to seek the death penalty.
Maj. Hasan's mental status is shaping up to be a central issue in the case. John P. Galligan, the retired Army colonel leading the defense team, has said he was considering pursuing an insanity defense, and the Army has appointed a prosecutor with experience in such cases.
Legal experts said an insanity defense could be Mr. Galligan's best chance of winning an acquittal for his client, or at least avoiding the death penalty. But it wouldn't be easy. Defendants, both in civilian and military trials, rarely are found not guilty on the basis of their mental state. A 2006 study by three Army psychiatrists found that in the more than 21,000 courts-martial between 1990 and 2006, only six defendants were found not guilty by reason of insanity.
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