Fort Hood Shooter may plead guilty by insanity. That is, if his lawyers gather evidence. - Polidicks

[quote=Wall Street Journal]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. 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. "It's just a hard sell," said Hugh Overholt, a North Carolina attorney specializing in defending military clients. "I've had a case where I was absolutely convinced the guy was nuts," and still couldn't win an acquittal, he said. When Maj. Robert Martin, an Army attorney, got caught passing bad checks and defrauding his clients of about $100,000, the evidence against him was overwhelming. Mr. Martin's lawyers argued that he was insane. The attorneys brought in mental-health experts, including the chairman of Duke University's Psychiatry Department, who diagnosed him with bipolar disorder. They dug up evidence of his erratic behavior, including a bizarre get-rich-quick scheme involving selling honey-baked hams in Mexico. They argued their client committed his crimes while in a manic state during which he didn't know the difference between right and wrong. The strategy didn't work. Mr. Martin was convicted, kicked out of the Army and sentenced to two years' confinement. "To this day I'm satisfied that all of his misconduct occurred during his manic states," said Mark Waple, the lead defense attorney in the case. Mr. Martin couldn't be reached for comment. Defense attorneys faced a similar challenge in the case of Hasan Akbar, an Army sergeant accused of killing two U.S. soldiers in a grenade attack in the early days of the Iraq war. Sgt. Akbar's lawyers argued he had a history of depression and was too mentally ill to be capable of premeditation. In 2005, an Army jury found Sgt. Akbar guilty and sentenced him to death. The defense is appealing the verdict. Col. Michael Mulligan, the officer who prosecuted Sgt. Akbar, recently joined the team that will prosecute Maj. Hasan. In the case of Maj. Hasan, former colleagues and others who knew him have said he acted oddly in the months leading up to the shootings. While posted at the Fort Hood Army base, he lived in a cramped one-bedroom apartment, a place far smaller than he could have afforded on his salary. In the days before the shootings, he gave away many of his belongings. Mr. Galligan said he was looking into such reports for evidence that his client was mentally unstable. But he said he hasn't yet been given access to reports or records from before the Nov. 5 shooting, and the Army's investigation into that period isn't completed. The legal standards for an insanity defense are similar for civilian and military courts. In both, defendants can't be held responsible for their actions if mental illness prevented them from knowing the difference between right and wrong. They also can't be forced to stand trial if mental illness prevents them from participating in their defense. The major difference between the civilian and military systems is the sanity board. This ad hoc panel, which generally includes at least one psychiatrist or psychologist, evaluates the defendant, looks at past behavior and makes a recommendation. If the board rules the man is fit to stand trial, the defense can still introduce evidence of insanity. However, experts say that it is then difficult to get an acquittal, because the board's findings can be introduced at trial. Mr. Galligan, Maj. Hasan's lawyer, accused the Army of rushing to evaluate his client before he has had time to do the necessary research to show "clear and convincing evidence" of insanity. He said he was looking into ways of appealing the decision to convene this board now. Fort Hood spokesman Tyler Broadway wrote in an email to The Wall Street Journal that there was "no intent on the part of the government to 'rush' the sanity board process."[/quote] Source: [url]http://online.wsj.com/article/SB126291467396720881.html?mod=WSJ_hpp_MIDDLETopStories[/url] Horseshit. I believe he damn well knew what he was doing. :mad:

lol good luck guy

He's got a serious mental disorder called religion.

That's crazy.

i killed 13 people your honor, cant you see im insane?!?

I don't care how insane he is, he deserves to die.

You're king wizard osama frowns upon your living. Should've jihad'd

Capital punishment was designed just for those sort of cases.

[QUOTE=Spacewolf;19497885]I don't care how insane he is, he deserves to die.[/QUOTE] If he truly was insane then he needs help, not death. [QUOTE=Aaronn;19498096]You're king wizard osama frowns upon your living. Should've jihad'd[/QUOTE] Do you know what Jihad means?

Yeah I have an idea he gets free to go. He leaves the courthouse and all the victims families are there with AR-15's and shoot him. Everyone wins!

[QUOTE=Zambies!;19498565]Yeah I have an idea he gets free to go. He leaves the courthouse and all the victims families are there with AR-15's and shoot him. Everyone wins![/QUOTE] then the families get put in jail for life.

:what: Just no.

[QUOTE=Ergolicious;19498644]then the families get put in jail for life.[/QUOTE] But if they didn't, it would be prime. Also, I am a fan of Nebraska, as the only state with the Electric Chair.

[QUOTE=G71tc4;19498676]But if they didn't, it would be prime. Also, I am a fan of Nebraska, as the only state with the Electric Chair.[/QUOTE] Capital punishment is evil.

Thank Clinton for all the soldiers not having side arms or this fucker would have two lead balls in the head.

Fuck that shit. If he does manage to plead insanity, ship him to some insane asylum where he'll spend 24 hours in a damn straight jacket.

I honestly don't give a fuck how insane you are murder is murder. A person killed 2 10 year old twin nieces, a 2 year old little boy, his pregnant sister and both his parents in my town, he just got caught last week and he's expected to plea insane. He needs to be fucking killed not be babied the fucker.

[QUOTE=McSanchez;19497783]He's got a serious mental disorder called religion.[/QUOTE] God dammit, today's atheists are as bad as those Westboro guys. Stop it.

[QUOTE=Zambies!;19498565]Yeah I have an idea he gets free to go. He leaves the courthouse and all the victims families are there with AR-15's and shoot him. Everyone wins![/QUOTE] this is good [editline]10:30PM[/editline] not

[QUOTE=Termy58;19498787]I honestly don't give a fuck how insane you are murder is murder. A person killed 2 10 year old twin nieces, a 2 year old little boy, his pregnant sister and both his parents in my town, he just got caught last week and he's expected to plea insane. He needs to be fucking killed not be babied the fucker.[/QUOTE] If the person is insane then he doesn't know what he is doing. He needs help. We lock up killers and shit because they can't be rehabilitated and they will always be a danger to society, however, an insane person can be rehabilitated to the point where they are no longer a danger. [QUOTE=Diet Kane;19498827]God dammit, today's atheists are as bad as those Westboro guys. Stop it.[/QUOTE] It's a joke. I doubt the person was completely serious. Anyways, I took it as a joke.

KILL tha mothafucka I'm usually against capital punishment n shit but when it comes to the army executing soldiers for things like this, all the power to them

Exactly what else do you expect his defense attorneys to do, go up and say "Your honor, this motherfucker deserves to die, that is all,"? They're legally obligated to defend their client, and it makes perfect sense that they'd go for the only real defense they have. Of course, there isn't a judge or jury in the country that isn't familiar with the guy, so he'll be convicted, sentenced, and killed sooner or later.

[QUOTE=Used Car Salesman;19500597]Exactly what else do you expect his defense attorneys to do, go up and say "Your honor, this motherfucker deserves to die, that is all,"? They're legally obligated to defend their client, and it makes perfect sense that they'd go for the only real defense they have. Of course, there isn't a judge or jury in the country that isn't familiar with the guy, so he'll be convicted, sentenced, and killed sooner or later.[/QUOTE] Not if they deem him unfit to stand trial.

[QUOTE=yawmwen;19499087]If the person is insane then he doesn't know what he is doing. He needs help. We lock up killers and shit because they can't be rehabilitated and they will always be a danger to society, however, an insane person can be rehabilitated to the point where they are no longer a danger.[/QUOTE] Gee I wonder what causes those murderers to commit the crime in the first place. :downs: Besides; he kinda did, yknow, kill a [b]LOT[/b] of people. So abit of psychiatric rehabilitation means he will no longer pose a danger to society? Even if it did, he still killed numerous people. He deserves punishment for his actions regardless if he's insane or not.

[QUOTE=yawmwen;19500629]Not if they deem him unfit to stand trial.[/QUOTE] Which I doubt will happen. Odds are he never intended to survive, so why exactly would he pull out all the stops now to keep himself alive in an institution for the rest of his life? [editline]03:38AM[/editline] [QUOTE=Loen;19501621] Besides; he kinda did, yknow, kill a [b]LOT[/b] of people. So abit of psychiatric rehabilitation means he will no longer pose a danger to society? Even if it did, he still killed numerous people. He deserves punishment for his actions regardless if he's insane or not.[/QUOTE] You go to sleep at night perfectly fine, then wake up the next morning with blood all over your hands and find out you went sleepwalking and killed someone. You didn't know the person, you had no idea you had ever sleepwalked, you have absolutely no memory of anything happening, and you know that your conscious self had nothing to do with any of it. Would you then go to the police and tell them you deserve to be strapped to a table and pumped full of chemicals until your heart stopped? Obviously that is not what happened here, I'm just blowing apart your silly little statement and outlining the thinking that led to the insanity defense in the first place. There are people out there whose minds work in ways you can't imagine, and who literally do black out spontaneously and wake up to discover they did something horrible without their own knowledge or intent.

[QUOTE=Loen;19501621]Gee I wonder what causes those murderers to commit the crime in the first place. :downs: Besides; he kinda did, yknow, kill a [B]LOT[/B] of people. So abit of psychiatric rehabilitation means he will no longer pose a danger to society? Even if it did, he still killed numerous people. He deserves punishment for his actions regardless if he's insane or not.[/QUOTE] Most killers are not insane and know perfectly well what they are doing.

[QUOTE=McSanchez;19497783]He's got a serious mental disorder called religion.[/QUOTE] well that was quick

[QUOTE=Diet Kane;19498827][QUOTE=McSanchez;19497783]He's got a serious mental disorder called religion.[/QUOTE] God dammit, today's atheists are as bad as those Westboro guys. Stop it.[/QUOTE] Well, at least us agnostics have a sense of humor.

[QUOTE=Diet Kane;19498827]God dammit, today's atheists are as bad as those Westboro guys. Stop it.[/QUOTE] [img]http://history.research.glam.ac.uk/media/files/photos/godhatesfags.jpg[/img] [img]http://1.bp.blogspot.com/_j9oDqG2zBGE/SSBlLgB4ObI/AAAAAAAACXo/jbPkEuPr1_0/s400/atheist+billboard+one.jpg[/img] Sorry, what?

[QUOTE=Diet Kane;19498827]God dammit, today's atheists are as bad as those Westboro guys. Stop it.[/QUOTE] Hi, welcome to facepunch, where killing murders is evil but killing innocent babies is ok, we're all gay furry liberals, and hate anything remotely conservative, how may we help you?