Andrew Tahmooressi, a Marine sergeant jailed in Mexico after he said he mistakenly crossed the border with three guns, was evaluated by a defense-appointed psychiatric expert Monday, and could be freed if the prosecutor agrees with his diagnosis, Tahmooressi's attorney says.
"The good thing about this is, I don't get the sense that they're actually refuting it, but they're actually very curious to see what Andrew is like," defense attorney Fernando Benitez said Monday on
Fox News Channel's "On the Record with Greta Van Susteren."
A short appearance hearing was held Monday for Benitez's medical expert to be sworn in. He said the doctor might have his evaluation ready to present to the court on Tuesday.
The prosecution has the right to appoint its own expert if it disagrees with the analysis of the one appointed by Benitez, but Benitez told Van Susteren that if the evidence is compelling enough, the prosecutor has the right to dismiss the case.
Tahmooressi, 26, reportedly suffers from post-traumatic stress disorder after two tours in Afghanistan. He is being held at El Hongo Penitentiary in Tecate, Mexico. He was arrested March 31 at a Tijuana checkpoint when three rifles were found in his truck.
Tahmooressi says he took a wrong turn, came to the border, and was unable to turn around. He says he told border guards about the weapons, which he legally owned in the United States, and that he just wanted to turn around and go back into his own country.
He faces up to 21 years in prison if convicted.
His mother, Jill Tahmooressi, has told
Newsmax TV that her son is becoming more despondent as time continues to pass with little connection to the outside world.
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