Pentagon hacker latest to use the Asperger's defense Gary McKinnon, the U.K. citizen trying to avoid extradition to the U.S. to stand trial on multiple counts of criminal trespass for using a 56k modem to hack into the Pentagon's network in search of UFO evidence, is trying a new tactic. Having lost his appeal , his attorneys are now pointing to a recent diagnosis of Asperger's syndrome as a reason to indefinitely delay his flight across the pond. While the Asperger's defense is nothing new, it has become particularly popular as a gambit by lawyers to excuse the behavior of geeks gone bad. Though not without much success — it certainly didn't work for convicted murderer Hans Reiser . (Photo by AP/Lefteris Pitarakis)