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Military experts i spoke with said they don't give him much shot with that. this is a very narrow defense and that there's no way that he can sort of stand in the shoes of taliban leaders half a world away and say i had to defend them at exactly that moment. but, even if the judge doesn't allow it to be used as an official defense, it probably will not stop hasan from blurting it out at some point during the trial. >> thank you very much. appreciate it. now to new information tonight about the accused cleveland kidnapper. now there are jail lotion. they show ariel castros is off suicide watch....

May and "outfront" tonight scott taylor the investigative reporter for woio. you broke this news. you went through the jail lotion. what can you tell us? >> reporter: he's off suicide prevention watch. he's in another part of the jail. he's all by himself. and right now he's refusing his medication. he's done that twice in the last couple of days. we're not sure what his medical concern is right now. he's also for the first time getting out of his cell. he's been out of his cell for 20 minutes at a time, able to exercise when he's in his cell. he's exercising too running in place. they write d...