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Accused Antioch Church Shooter's Likely Defense

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Metro police say he admitted to shooting up a Antioch church killing one and injuring five others, but Emanuel Samson has now pleaded not guilty. 

This high-profile case appears headed for trial. There is little doubt Emanuel Samson was there shooting people -- including himself accidentally in the leg. 

He admitted it. There are witnesses. So what on earth will be his defense?

Samson faces 43-criminal counts including murder. He went to Burnett Chapel Church of Christ in Antioch last September and started shooting, injuring five and killing 39-year-old Melanie Crow.

Police say Samson admitted to the shooting, but his new attorney Jennifer Thompson is preparing a defense.

"My client enters a plea of not guilty," said Thompson at a hearing this week.

The evidence in Samon's case appears overwhelming; so sources tell NewsChannel 5 the defense will likely be "... that because of a mental illness the defendant was not able to form the mental intent to do these crimes. That's called diminished capacity," said attorney Jim Todd.

The former prosecutor is following Samson's case. He says it may hinge on the credibility of each side's doctors.

"The biggest part of the case is battle of the experts when it comes to insanity or diminished capacity," said Todd. 

Experts will evaluate examples of his state of mind.

For instance, Newschannel 5 is the only station with recordings of Samson's jailhouse phone calls.

There may be a hint here as Samson talks with his girlfriend about an argument they had the morning of the church shooting:

"Everything about that day ... Man, dude, it's just like to say that I would be a fool to leave you," said Samson.

"I seen you in a way saying goodbye to the kids. Your gestures you were doing the way ... the things you were saying. You were saying goodbye," said the girlfriend.

"You know what? You're right. That is exactly what I was saying to them or whatever," said Samson.

Does that call mean Samson left to shoot up a church and possibly take his own life?Was he out of his head that morning or quite sane?

The answer may well determine his fate.

Samson is expected to undergo a psychological examination by doctors for both the defense and the prosecution. 

It has not been announced yet whether the state will seek the death penalty. 

A trial date has not yet been set.