Defense attorneys are compiling evidence to claim insanity for Major Hasan. It must be collected before a psychiatric evaluation is completed.
The Army has created a sanity board to evaluate whether Hasan can mentally stand trial.
Legal experts say it could buy him out of the death penalty, but it wouldn’t hand attorneys a win over the case.
Legal standards for an insanity defense say a defendant cannot be held responsible for their actions if their mental state prevented them from seeing right from wrong. But experts agree it is always a hard sell.
The defense attorney for Major Hasan, who is paralyzed from the chest down and still in the hospital, declared they will most likely enter a not guilty plea for the Fort Hood murder charges. He says an insanity defense is possible for his client.
Major Hasan, now paralyzed, will have his first court hearing from his hospital room this weekend. It will determine whether to place him in jail or leave him in the hospital pre-trial.
A democratic senator also claims there may be additional emails between Hasan and radical imam Anwar Al-Awlaki that were intercepted by the government. He claims they could have alerted law enforcement and potentially prevented the incident.