Afghanistan Shooter Says He Doesn't Remember

Dan Abrams discusses defense of Afghan massacre suspect Robert Bales.
1:26 | 03/20/12

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Transcript for Afghanistan Shooter Says He Doesn't Remember
Bring in -- -- legal analyst Dan Abrams -- and so Bell's attorneys saying that he doesn't remember what happened before or after the killings. They may be -- -- pursuing a diminished capacity. But hiding place for the Defense Department -- and that's not insanity it's means he's not saying I didn't understand right from wrong it's saying I couldn't to develop the necessary intent to commit the more significant crime in essence it's saying. Maybe should be convicted of a lesser crime could also be used in sentencing. To say he should get a lesser sentence because of this it's very tough to demonstrate diminished capacity. And it's always an uphill battle talk about sentencing him and some Paper wondering is this going to be a death penalty case the last we saw that. In a military case was 1961. Yet -- the last execution was in 1961 -- six people currently on death row in connection. We've done military cases I think in this case it's likely considering what you're talking about. The crime is here. But we'll have to see what the with the authorities decide. It does certainly impose all sorts of additional issues for the prosecutors if they decide to pursue it. But I expect that they will remember for -- secure Sheehan -- military after military tribunal to actually be pursued. They have to get the signature of the -- present United States. Something to keep in mind yet so that would that would be the final step in something like this -- as you point out that hasn't happened. An actual execution hasn't happened since passed it's one all right -- as always thank you were -- back of them other cases that are pending going to casino.

This transcript has been automatically generated and may not be 100% accurate.

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