The prosecution would say that he still committed the crimes and killed all of those people no matter his mentality, he still pulled the trigger. I would respond with something along the lines of “It wasn’t him, it was who they made him be. He can’t kill people if it’s not him. Also, do you really want to try Captain America’s best friend, the World War 2 veteran, brainwashed, amputee, one of the hero’s of the universe, and a guy who just wants peace for murder of which he couldn’t control in any way, shape, or form? Because that is just another testimony of how far this country has fallen from grace.”
Marc Kersten's Blog 