The trial of former Marine Sgt. Andrew Tahmooressi on gun charges in Mexico will take a new turn this week, one that will move the focus to the defendant’s health.
A prosecution psychiatrist will be sworn in at Tijuana federal court Monday, empowering him to interview Tahmooressi to determine whether he suffers from post-traumatic stress disorder (PTSD). After being sworn in, the psychiatrist is expected to travel to the Tecate prison where Tahmooressi has been held for the last 6 months so he can make his own conclusions about whether Tahmooressi suffers from PTSD.
Tahmooressi attorney Fernando Benitez tells Fox News that the psychiatrist could interview Tahmooressi either on Monday afternoon or Tuesday. Benitez is optimistic that the psychiatrist will come to the same conclusion that the defense has: That Tahmooressi suffers from PTSD and cannot receive treatment for it in Mexico.
“There’s no scientific way for him not to concur,” Benitez said. “He would have to find a completely different person to diverge from that diagnosis.”
Benitez believes that Mexico is violating Tahmooressi’s constitutional human rights by keeping a PTSD victim in prison without the possibility of rehabilitation. Tahmooressi has been held since March 31, when he says he mistakenly crossed into Mexico with three legally-purchased and registered guns in his truck. If he is convicted, he faces six to 21 years in prison.
“If our expert and the state’s expert both agree there is no rehabilitation to be had for Andrew … then we have a very good shot of making a constitutional argument and we might cut this whole thing short,” Benitez said.
If things go as the defense hopes, Benitez said he would then file a motion for a mistrial based on humanitarian grounds, which could happen as early as this week. If that happens, Benitez says the judge will then have a week to consider the mistrial motion.
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Psychiatrist to examine jailed Marine for PTSD - VIDEO: Psychiatrist to evaluate Marine - VIDEO: The painful ordeal of Sgt. Tahmooressi - FULL COVERAGE: #MarineHeldinMexico
