Biswanath Halder, who was not put on the stand during his trial because he is considered to be a loose cannon, could now face the jury during the pre-sentencing phase of one of the more publicised cases in America now.
But Judge Peggy Foley Jones will have to decide fast, whether 65-year-old Halder, who was found guilty in December in the shooting spree at Case Western Reserve University that killed one student, can be questioned by his defense attorneys on the stand. The prosecution vehemently opposes the defense team's plan.
Halder could make a statement to the jury and show his remorse for his acts, but defense attorneys want more --- they want to lead him with questions. But the Cuyahoga County prosecutors led by a vigorous, grim and intense Richard Bell want nothing beyond the statement.
The trial is being is held in a courtroom at the Justice Center in Cleveland, the biggest city in Cuyahoga County in Ohio.
John Luskin, one of the three court appointed attorneys for Halder, said he cannot second guess Halder's behaviour on the stand and that is why the defense team wanted to pose Halder with questions.
"I can't tell you, after months of interacting with him, what will come out of his mouth," Luskin said. "He is full of delusions, he thinks he has been saving mankind by attacking the university as part of his war on cyber crime. And he thinks that the entire India is ready to support him, since he had built his Website primarily for Indian business and economy."
Halder's attorneys including Kevin Cafferkey are seeking to humanise Halder before the jury, in the hope their efforts to show mitigating factors could save Halder's life..
The prosecution has described Halder, who bore a grudge against Case Western University and accused one of its employees of hacking his (Halder's) Website, as an extremely selfish and calculating killer.
But the defense team, in order to save Halder's life, has also done a few things that may look strange.
Cafferkey has, for instance, described Halder in the court as "a bizarre little man who no one befriends" and asked the jury to give him a life sentence for his May 9, 2003, shooting and the untargeted killing of Norman Wallace who was unknown to him.
Cefferkey and fellow defense attorney John Luskin, who have put on stand several people including the well-known forensic psychologist Jeffrey Smalldon, think that by making Halder take the stand they can show to the jury a delusional and conflicted person with severe mental illnesses.
As part of showing to the jury Halder's problems, Smalldon, said though he found Halder sane, the man was also mentally ill and suffered from delusions and a raft of emotional problems.
Echoing those thoughts John Fabian, another witness for the defense, also told the jury that Halder, who had served briefly in the Indian Army in the 1960s, entered the Case Western campus in military fatigue and a helmet. He was also protected with a bulletproof vest.
But he never hoped to return to his cluttered attic of a home alive.
Halder, who sits in the courtroom with a deadpan face, avoids eye contact with the jurors or the judge and certainly with the prosecution.
He hardly looks at the witnesses who are describing his mental condition in severe terms. On Thursday, psychologist Fabian said after Halder's Website crashed, his grandiose mindset turned into paranoia. Halder also suffered from severe narcissism, Fabian added.
Fabian, like several other defense witnesses said Halder never smiled during several interviews. Fabian's interviews took over 16 hours.
If Judge Peggy Foley Jones approves the defense request for interrogating Halder, prosecutors would be at a severe disadvantage. There is no provision under the current law for them to cross-examine Halder.
"They're going to try to lead Halder with questions to portray that he's crazy," Assistant Cuyahoga County Prosecutor Brendan Sheehan told the media.