The Army had in its possession evidence that mefloquine can cause behavioral issues, including suicidal and homicidal ideations, and that the effects can be exacerbated in individuals already afflicted by PTSD or TBI. However, the prosecution did not disclose that SSG Bales received mefloquine by order of the chain-of-command, or that these side effects were known. If SSG Bales were laboring under the lasting psychiatric suicidal and homicidal ideations associated with mefloquine usage, his mens rea, or mindset/intent for murder, is called into question. To be guilty of a crime, one must not only have a “guilty mind,” as well as perpetuating that act. Had the mefloquine information been disclosed and fully evaluated at trial, several significant and different outcomes were possible. First, the death penalty referral may not have occurred. Due to the recognition of potentially adverse interactions resulting from use of mefloquine, the clarity of intent is substantively in question. Second, SSG Bales may not have pled guilty to the murder charges had his diminished capacity to clearly develop intent due to mefloquine been brought into trial. Third, SSG Bales’ plea of guilty may not been accepted by the military judge as provident; and/or d) SSG Bales may have received a far different result, i.e. not guilty due to diminished mental capacity and responsibility (insanity).