December 2, 2009 6:07 PM

Hasan Lawyer: Insanity Plea Possible

By
CBSNews
(AP)  An Army psychiatrist accused of killing 13 people during an attack on his Texas post will likely plead not guilty to the charges against him and may use an insanity defense at his military trial, his attorney said Monday.

John Galligan, the civilian attorney for Maj. Nidal Hasan, said he is considering an insanity defense among other options, but that it's too early to determine his defense strategy.

"Based on the evidence thus far, his mental status must be raised," Galligan told The Associated Press by phone from his office near Fort Hood, about 130 miles southwest of Dallas. "Anybody who allegedly engages in conduct that is completely contradictory to his lifestyle and military career - an insanity defense has to be considered."

CBSNews.com Special Report: Tragedy at Fort Hood

Hasan has been charged with 13 counts of premeditated murder in the Nov. 5 shooting at Fort Hood, and military officials have said they may file more charges. More than two dozen others were wounded in the shooting spree, which happened at a building where soldiers finalize their wills and are medically screened before they are deployed.

Galligan said military law requires his client to plead not guilty if prosecutors seek the death penalty, but he said that decision has not been made.

Hasan remains in intensive care at a San Antonio military hospital, where he was taken after being shot during the attack. At a hearing in his hospital room Saturday, Hasan was ordered to remain in custody until trial.

Galligan said he is frustrated because prosecutors are taking too long to respond to his questions and requests. He said he has asked why no witnesses were allowed to testify during Saturday's hearing, and why it was closed to the news media. He said he had planned to question Hasan's commander, who in documents indicated Hasan would be moved to an unspecified hospital but did not say when.

Fort Hood officials did not immediately return calls seeking comment.

AP
Add a Comment See all 22 Comments
by wheatfield2 November 24, 2009 2:22 PM EST
Plenty of 'statements' can be found in the emails to the Jihad groups. And plenty of donations he sent to fund their cause in his name. And there are many witnesses to his statement of "Allah Abkar" as he slaughtered our soldiers. There are also statements of his affiliations and allegiance on his business cards, which stated in writing that he was a "Soldier of Allah".
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by mjlewis6 November 24, 2009 1:58 PM EST
Insanity is an option, but I am sure Hasan has to be present at his trial and you can be sure he will want to talk...and be disruptive.
Hermann Goering was like that at Nuremberg.

The proof of insanity is to be found in pre-trial examination...there should be no way he is going to be found insane with his very consistant behavior that has been exhibited in his military record over years without intervention. Hasan will surely declare himself his intentions...and martrydom was clearly his intent. There is bound to be a "statement" he left somewhere and that alone will disprove his insanity defense plea.
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by legionofwolves November 24, 2009 1:55 PM EST
why are we saving his life now only to kill him after we convict him? bc we will prove that he is the gunman, the officers(thats plural bc it was not only the woman who shot him) shot him with gun in hand while reloading.
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by sonofsummarex November 24, 2009 12:56 PM EST
To paraphrase the old Mission Impossible series:

For years Doctor Hassan took care of us.

Now we will take care if him!
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by us_1776 November 24, 2009 12:24 PM EST
Insanity won't work because there was well thought out plan that was executed with pre-meditation.

Next idea.
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by wheatfield2 November 24, 2009 12:19 PM EST
Poor baby Hasan...such a victim of neglect, he was!
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by manredvi November 24, 2009 12:05 PM EST
nobody will ever know what was through his mind. vicarious trauma or some other unidentified feeling? we will never know but the facts are that people died.not worst trying to find excuses and acuse anybody. the solution is to listen to each other no metter our religion because we all like diferent things.why did nobody listened to his complaints?
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by RedWings_ninety_one November 24, 2009 12:03 PM EST
If he ws, or is, insane, then he should be placed in a psych ward for the rest of his life. I'm not sure that you can fix the insanity that it takes to kill 13 innocent people that you have nothing against.
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by dancingmoon November 24, 2009 11:46 AM EST
Fellow muslim? What ARE you babbling about?
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by bbfnbb November 24, 2009 11:20 AM EST
Please quit showing this horrible man's face!!
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