Most legal experts agree the case against Nidal Hasan, the Army psychiatrist accused of opening fire in 2009 at a deployment center at Fort Hood, will be tough to overcome -- given the evidence.
"This is broad daylight, multiple assaults before witnesses on a base," Fidell said. "As capital cases go, this is an easy one."
But whether a jury hands down a death sentence remains to be seen.
And whether any death sentence is carried out is even more at question.