Judge to rule on Fort Hood suspect’s defense

This undated file photo provided by the Bell County Sheriff's Department shows Nidal Hasan the Army psychiatrist charged in the deadly 2009 Fort Hood shooting rampage that left 13 dead. A report shows that Hasan, the Army psychiatrist charged in the deadly 2009 Fort Hood shooting rampage has the mental capacity to represent himself at his murder trial, but more information is needed about his physical condition, a judge said Wednesday, May 29, 2013, in delaying the suspect’s request. (AP Photo/Bell County Sheriff's Department, File)
This undated file photo provided by the Bell County Sheriff's Department shows Nidal Hasan the Army psychiatrist charged in the deadly 2009 Fort Hood shooting rampage that left 13 dead. A report shows that Hasan, the Army psychiatrist charged in the deadly 2009 Fort Hood shooting rampage has the mental capacity to represent himself at his murder trial, but more information is needed about his physical condition, a judge said Wednesday, May 29, 2013, in delaying the suspect’s request. (AP Photo/Bell County Sheriff's Department, File)

FORT HOOD, Texas (AP) — A judge is expected to decide whether an Army psychiatrist can tell jurors he shot U.S. troops at Fort Hood to protect Taliban leaders in Afghanistan.

Maj. Nidal Hasan has said he wants to use a “defense of others” strategy at his upcoming military trial. He’d have to prove the shootings were necessary to prevent the immediate harm or death of others.

The judge, Col. Tara Osborn, last week told Hasan to file a motion showing the legal basis for that defense and any evidence.

Osborn on Tuesday also was expected to rule on Hasan’s request to delay the trial for three months. Last week’s jury selection was delayed.

Hasan faces the death penalty if convicted in the 2009 rampage that left 13 dead on the Texas Army post.

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