Defense Attorney: Hasan Won't Plead Guilty, May Use Insanity Defense

Nov. 22, 2009— -- The defense attorney for accused Fort Hood shooter Major Nidal Hasan told "Good Morning America" Sunday that his client will probably plead not guilty and that an insanity defense is possible.

"I anticipate that the plea will be not guilty," said defense attorney John Galligan.

Asked if he was considering an insanity plea for his client, who faces 13 counts of premeditated murder, Galligan said, "I'm fairly confident that that's going to have to at least be examined. And that's problematic. But we haven't reached that stage yet."

Galligan said he has also learned that his client, who will be tried in a military court, may face additional charges for the Nov. 5 shooting spree in Fort Hood, Texas. He said he was alerted to the new charges during a pre-trial confinement hearing before a military magistrate held in Hasan's San Antonio hospital room Saturday.

After the hearing at the Brooke Army Medical Center Saturday, Galligan said his client is paralyzed from the chest down and is a not a flight risk. The military magistrate ruled that Hasan will stay at Brooke Army Medical Center for now, but the military has the option of moving him to another medical facility or to jail.

According to Galligan, Hasan is paralyzed, is incontinent and "in severe pain."

"He is an individual in need of constant medical attention," Galligan said. "He has no sensation from his chest down."

Previously, Galligan had said Hasan was paralyzed from the waist down. Galligan questioned the speed with which the legal process is moving.

"In the 36 years I've dealt with military justice cases," Galligan said, "this is the first time I have ever had to go to an ICU to conduct a hearing."We could have conducted this hearing next week. He is paralyzed. He is not going on leave."

Galligan, a retired Army colonel now in private practice, said the hearing lasted a little over an hour. According to Galligan, Hasan is coherent, "is able to speak with me, at least for short periods of time," and understands that legal proceedings are underway and such proceedings as the hearing will grow more frequent.