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  1. #11
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    May 2009
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    Quote Originally Posted by slapout9 View Post
    Since those stories were made to a Doctor (which would be confidential) they my not be able to use them. Even if they could use them the person who actually made the statement would be subpoenaed to testify in which case he could just invoke the 5th. Which would in effect nullify testimonial evidence. maybe jmm99 can comment on that legal aspect when he gets a chance.
    While its a great question, that JMM could answer much better than I could though I once did have to go through the process of subpoening mental health records for a criminal trial, I think it may be somewhat irrelevant to Hasan. If he intends to make a trial, or the lead up to a trial or plea, into a platform for his views, he'll use every avenue to get out his story, whether it helps his defense may be secondary to his purposes. IIRC, the military courts have a much tighter control over information released through the press than federal courts so if this becomes Hasan's intent, it could put his attorneys in a bit of a bind if they can't find an avenue through the court, either through motions or at trial, to disseminate this information.

    Edit: link to story here... http://abcnews.go.com/Blotter/offici...ory?id=9019904
    Last edited by Boondoggle; 11-17-2009 at 02:43 AM. Reason: added link to ABC story

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