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Lawyers for Vietnam Vet Appeal to SCOTUS to Stop Execution on PTSD Claim

© AP Photo / Amber Hunt Decorated Vietnam Veteran Andrew Brannan's insanity plea on the grounds for PTSD
Decorated Vietnam Veteran Andrew Brannan's insanity plea on the grounds for PTSD - Sputnik International
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The Georgia Supreme Court denied Andrew Brannan a request for clemency based on his claims that he suffered from a combat-related mental disorder. He is scheduled to be executed by lethal injection Tuesday evening.

Brannan, a Vietnam war vet who his attorneys claim suffers from post traumatic stress disorder and bipolar disorder, fatally shot Laurens County Deputy Sheriff Kyle Dinkheller, 22, during a traffic stop in 1998. He was later convicted of murder.

His attorneys hoped to get a life sentence without parole on the grounds of his mental illness, but the Georgia Board of Pardons and Paroles denied clemency after carefully reviewing Brannan’s case. 

© Youtube (Screenshot) Andrew Brannan during his 2000 trial for the murder of Deputy Sheriff Kyle Dinkhelle
Lawyers for Vietnam Vet Appeal to SCOTUS to Stop Execution on PTSD Claim - Sputnik International
Andrew Brannan during his 2000 trial for the murder of Deputy Sheriff Kyle Dinkhelle

His attorneys argued that he should not be put to death for actions that are related to his mental illness, including those triggered by his medical condition.

Brannan plead not guilty during the trial for reason of insanity, a defense that if accepted would exonerate him fully. Experts testified that during the shooting, he suffered a flashback from combat. However, a court-appointed psychiatrist said Brannan was sane and may have killed the deputy because he believed the officer was being disrespectful.

The inmate's lawyers do not dispute he shot Dinkheller nine times in an encounter caught on tape by the deputy's patrol car camera.

Post Traumatic Stress Disorder is an anxiety disorder brought on by a devastating event such as rape, witnessing a murder, or in the case of Brannan, being deployed during war time. According the the National Institute of Mental Health, those diagnosed with PTSD feel stressed and afraid regardless of how much danger they are actually in. Some of the symptoms of PTSD include bad dreams, recurring flashbacks of traumatic events, and frightening thoughts.

The U.S. Department of Veteran Affairs estimates about 5.2 million American adults are suffering from some form of PTSD in any given year. They also estimate that 31% of veterans who came back after Vietnam suffered from PTSD. 

The execution of Andrew Brannan, 66, by lethal injection is set for 7 p.m. on Tuesday. He is slated to be the first person executed in the United States in 2015, according to the Death Penalty Information Center.

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