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Nidal Malik Hasan - US Military Death Row
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Thread: Nidal Malik Hasan - US Military Death Row

  1. #1
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    Nidal Malik Hasan - US Military Death Row


    ​Fort Hood Victims


    Maj. Nidal Hasan


    Mental evaluation of suspected Fort Hood shooter to continue

    Washington (CNN) -- A mental evaluation of Maj. Nidal Hasan, the Army psychiatrist accused of killing 13 people at Fort Hood, Texas, in 2009, is set to continue Wednesday.

    Hasan's lawyer John Galligan, confirmed that, despite his objections, the evaluation by a panel of military mental health experts began Tuesday.

    Galligan had argued that the psychiatric evaluation should have been delayed until he and Nisan received evidence that he says is still being kept secret by the Defense Department and the White House about what was known about Hasan prior to the November 5, 2009, massacre.

    "They should not be conducting this mental evaluation before all the relevant information is available," Galligan said.

    Members of Congress also have been seeking additional information about what federal intelligence officials knew of Hasan and how he was evaluated and promoted by his commanding officers.

    Leslie Phillips, a spokeswoman for Sen. Joe Lieberman, chairman of the Senate Homeland Security and Governmental Affairs Committee, said he hopes to release a report next week.

    An Army colonel who presided over an evidentiary hearing in the Hasan case recommended late last month that it move forward to a court martial with a possible death penalty for Hasan. The Army prosecutors put up dozens of witnesses, several of whom pointed to Hasan and identified him as the person responsible for killing 13 people and wounding 32.

    Galligan, a former military lawyer and judge, continues to be extremely critical of how the case is being handled. "This is the worst example of military justice I've seen in my career," he said in a telephone interview. "This thing is all being scripted from Washington."

    He is not allowed to be present during the evaluation sessions, being held at a civilian jail near Fort Hood.

    "They don't mind examining his mind but they don't want to examine his existing medical problems," he said. The attorney has been a vocal critic of the care of Hasan, who was shot and paralyzed from the chest down by police who responded to the mass shooting.

    Source

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    FORT HOOD Maj. Nidal Hasan's defense team met with Col. Morgan Lamb, the special court-martial convening authority in his case today.

    The meeting provided the defense team, led by retired Col. John Galligan, an opportunity to present any matters for Lamb's consideration before he takes action as a convening authority under the Uniform Code of Military Justice.

    The charges pending against Hasan currently remain with Lamb for his disposition decision or recommendation. He will make his decision or recommendation after appropriate deliberation.

    As part of the Uniform Code of Military Justice process, an Article 32 hearing was called and attorneys presented their evidence to an Army officer, Col. James Pohl.

    Pohl determined on Nov. 16 there was enough evidence to refer the case to a general court-martial. Pohl also found there were grounds to try the case as a capital one, meaning Hasan could face the death penalty.

    Army officials have not said whether they would seek the death penalty if the case goes to court-martial.

    Army prosecutors gave Hasan's defense team Pohl's report Nov. 17, which contained his findings and recommendations following the Article 32 hearing. The hearing ended Nov. 15.

    Hasan was charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder following the Nov. 5, 2009, shooting at Fort Hood's Soldier Readiness Processing Center.

    http://www.kdhnews.com/news/story.aspx?s=51443

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    Accused Fort Hood Gunman’s Fate Now In Hands Of Post Commander

    FORT HOOD — The decision about whether Maj. Nidal Hasan should be court-martialed for the deadly 2009 shooting rampage at Fort Hood, and if he does stand trial, whether he should face the death penalty, was in the hands of III Corps and Fort Hood Commander Lt. Gen. Robert W. Cone Friday.

    Army Col. Morgan Lamb forwarded Hasan’s case along with his recommendation for disposition of the charges to Cone on Thursday, Fort Hood said Friday.

    Fort Hood would not say what Lamb recommended.

    Lamb presided over a lengthy Article 32 hearing last year during which survivors recounted the deadly rampage.

    Hasan's attorney, John Galligan, said Friday he was not aware the recommendation had been forwarded and said he did not know what it was.

    The post’s staff judge advocate is reviewing the charges and the Article 32 investigation, which is the military equivalent of a civilian grand jury review, and will provide legal advice to Cone, Fort Hood said Friday.

    Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5, 2009 shooting at the post’s Soldier Readiness Center.

    http://www.kwtx.com/home/headlines/A...117416203.html

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    Convening authority recommends Hasan face death penalty

    The Army psychiatrist accused of killing 13 people and wounding 32 at Fort Hood, Texas, is more likely to face the death penalty now that the convening authority in the case has recommended that he go before a general court-martial authorized to consider capital punishment, Fort Hood public affairs officials announced on Friday.

    The recommendations are non-binding. On Nov. 5, 2009, Maj. Nidal Hasan allegedly walked into the Soldier Readiness Center at Fort Hood and opened fire. Witnesses claim he yelled God is great in Arabic and started shooting for about 10 minutes before he was shot outside the building by base security. He has since been confined to a wheelchair.

    Hasans colleagues have said the man made extremist statements about the wars in Iraq and Afghanistan prior to the shooting. The FBI also monitored e-mails between Hasan, 40, and radical U.S.-born Yemeni cleric Anwar al-Awlaki before the incident, but they did not tell Army officials.

    http://www.stripes.com/convening-aut...nalty-1.136696

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    Lawyer wants new leader to make Ft Hood decision

    The Fort Hood shooting suspect's attorney wants a new commanding general to decide whether the Army psychiatrist will go to trial and face the death penalty.

    Maj. Nidal Hasan's attorney says Lt. Gen. Robert Cone, who's about to leave Fort Hood, won't be impartial because he was there Nov. 5, 2009, when 13 people died and more than two dozen were wounded.

    Cone has been nominated to be a four-star general and to lead the Army's Training and Doctrine Command at Fort Monroe, Va.

    The Army hasn't ruled on attorney John Galligan's request to delay Hasan's case until Maj. Gen. Donald Campbell assumes command at Fort Hood.

    Two colonels have recommended that Hasan should be court-martialed and face the death penalty. A commanding general will make the final decision.

    http://www.chron.com/disp/story.mpl/ap/tx/7497885.html

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    Fort Hood Commander grants delay in Hasan hearing

    Nidal Hasan, the Army Psychiatrist charged in the Fort Hood shooting, won a delay that's expected to transfer his case to the incoming Commander.

    Fort Hood Gen. Bob Cone granted a delay Wednesday in the processing of the charges against Hasan.

    The decision means incoming Commander Maj. Gen. Donald Campbell will decide whether Hasan will go to trial and face the death penalty.

    The proceedings will be delayed until late April, which is when Campbell is set to take command of Fort Hood.

    Hasan's defense pushed for the change saying Cone could not be impartial in the case since he was on post when the shooting happened.

    http://www.cbs19.tv/Global/story.asp?S=14357895

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    Another Delay in Trial of Ft. Hood Shooter; Defense Attorney Blames Obama

    On March 30, 2011, Lt. General Robert Cone, commanding general at Ft. Hood, granted a request from the attorney for accused Ft. Hood murderer, Major Nidal Malik Hasan (pictured), to postpone the trial until late April.

    The request was made by chief defense counsel, John Galligan, and averred that the General Cone could not be impartial in deciding matters related to the Hasan case as he, Cone, was the commanding general at the time of the atrocity. Cone has been nominated to be a four-star general and to lead the Army’s Training and Doctrine Command at Fort Monroe, Virginia.

    Cone ruled in favor of the defense’s motion and the matter will now be decided by incoming post commander, Major General David Campbell. Specifically, Campbell will now assume the responsibility for deciding whether Hasan should be courtmartialed and face the death penalty.

    As is familiar to readers of The New American, Nidal Hasan is the army psychiatrist charged with 13 counts of murder and 32 counts of attempted murder for the hail of gunfire he unleashed on his fellow soldiers at a processing center on Ft. Hood, Texas on November 5, 2009. On that date, Hasan climbed onto a desk and opened fire on the unsuspecting soldiers and civilians declaring “Allahu Akbar” or “God is Great.” Hasan is a Muslim born in America to Jordanian immigrant parents.

    When questioned via email regarding the reason for such delays, Galligan points the finger directly at President Obama.

    According to the unnamed correspondent, Galligan informed him that the "Delays are due to prosecution/White House refusal to disclose evidence. Blame them for the delays."

    As in most cases, the White House and President Obama in particular are easy targets. There is, however, evidence of some official obstruction in the speedy procession of the case against Hasan.

    For example, in October 2010, it was reported that a soldier present at the sorting facility at Fort Hood captured the murders attributed to Hasan in two videos on his cell phone camera. Subsequently, the soldier’s commanding officer ordered the man to delete both videos.

    Furthermore, during in hearings into the massacre in April 2010, Senators Joe Lieberman (I-CT) and Susan Collins (R-ME) were forced to subpoena the Obama White House in order to to obtain documents they deemed critical to their investigation into the matter.

    The Senate Committee on Homeland Security and Governmental Affairs, which subpoenaed the documents, was informed by the Pentagon that it would be given Hasan’s personnel file and part of an Army report on the shootings, but not the items specifically requested. 

This refusal did not sit well with the committee. Calling it “an affront to Congress’s constitutional obligation to conduct independent oversight of the executive branch,” spokeswoman Leslie Phillips said that the decision was still being made as to whether or not to pursue the subpoenas in court. The committee, chaired by Sen. Joseph Lieberman (I-Conn.), was compelled to issue the subpoenas on April 19, after waiting months for the cooperation they wanted from the Obama Administration. It was not forthcoming.

    Additional evidence of some sort of obfuscation is described in article published by American Thinker:

    Meanwhile, the official government report on this jihad mass-murder doesn't mention jihad or Islam at all. Congressman John Carter (R-TX) said that 'the Obama Administration continues to deny the Fort Hood attack was terrorism, failed to grant the casualties the same status as that given casualties from the 2001 Pentagon attack, conspicuously omitted even mention of the words 'radical Islamic terrorism' in the official DOD report on the shootings, and will not acknowledge the role of political-correctness in stifling whistleblower warnings of the impending attack.'

    There is disturbing evidence that the cover-ups and delays caused by political refusal to cooperate with investigators and attorneys might be motivated by a desire on the part of the White House and the Pentagon to avoid being branded as anti-muslim.

    For example, co-workers and supervisors who worked with Hasan at Walter Reed have told several news agencies that beginning in spring of 2008 during Hasan’s training there, a “series of meetings” were convened to discuss “serious concerns” about Major Hasan’s disturbing topics of conversations held with colleagues and patients, bizarre statements made to supervisors, and how such behavior was affecting his work. Unnamed officers present at the meetings claim that based on evidence presented at these meetings there was reasonable suspicion that if Hasan were deployed to Iraq or Afghanistan he might betray his country and offer aid and intelligence to the enemy, to the point of killing fellow servicemen as a Muslim sergeant had in 2003. 

Despite regarding Major Hasan as a potential traitor to his country and one with perceived capacity for killing countrymen in the name of his religion, commanders at Walter Reed chose not to dismiss Hasan from the program because of how “cumbersome and lengthy” such a process is. Also, because Hasan is a Muslim and the terrorists with whom the United States is at war are Muslim, directors of the program were concerned that any disciplinary action could be interpreted as discriminatory and motivated by religious intolerance and profiling.

    Or, in the words of Army Chief of Staff Gen. George W. Casey, Jr.:

    Speculation could potentially heighten backlash against some of our Muslim soldiers and what happened at Fort Hood was a tragedy, but I believe it would be an even greater tragedy if our diversity becomes a casualty here.

    Hasan faces court martial after being formally charged with 13 counts of murder and 32 counts of attempted murder. The trial will be conducted according to the procedures promulgated by the Uniform Code of Military Justice. The UCMJ does provide for the death penalty as punishment for enumerated crimes, one of which is murder.

    The two prosecuting attorneys (colonels) have recommended the death penalty. The incoming commanding general will make the final decision.

    http://www.thenewamerican.com/usnews...y-blames-obama

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    Defense lawyer to ask Fort Hood CO not to pursue death penalty

    The lawyer for Fort Hood shooting suspect Maj. Nidal Hasan will meet with the post's new commander next month to ask him not to seek the death penalty for Hasan, The Associated Press reported.

    A commanding general will decide what sentence the prosecution should pursue. Lt. Gen. Donald Campbell, who took command of Fort Hood last week, is expected to make the decision, although he could hand off the decision to another general, according to AP.

    Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the November 2009 shootings. If the death penalty is taken off the table, he will be sentenced to life in prison without parole if convicted, AP reported.

    Hasan's attorney told AP he's urging Campbell to consider all options because death-penalty cases are more expensive and because finding an impartial jury at Fort Hood could prove impossible. A court-martial by jury would be required if the death penalty were a sentencing option.

    http://www.stripes.com/news/us/defen...nalty-1.142005

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    Fort Hood suspect's defense, Army post leader meet

    FORT HOOD, Texas — Attorneys for the Army psychiatrist charged in the Fort Hood shooting rampage say his life is on the line as they prepare to meet with the Texas military post's commander.

    Maj. Nidal Hasan's defense team is meeting Thursday with Lt. Gen. Donald Campbell, who will decide whether Hasan is court-martialed and faces the death penalty.

    Hasan's lead attorney, John Galligan, says he'll urge Campbell not to seek the death penalty because such cases are more costly, time-consuming and restrictive.

    If Campbell decides Hasan will go to trial but military jurors cannot consider the death penalty if he's convicted, then the punishment will be life in prison without parole.

    Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the November 2009 shootings.

    http://www.chron.com/disp/story.mpl/...#ixzz1MnN60uur

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    Ft. Hood shooting: Death penalty option opposed

    FORT WORTH, Texas (AP) — Attorneys for the Army psychiatrist charged in the Fort Hood shooting rampage on Thursday urged a commander to remove the death penalty as a punishment option.

    Fort Hood's commanding general, Lt. Gen. Donald Campbell, will decide whether Maj. Nidal Hasan is court-martialed and also whether he faces the death penalty. The timing of that decision is unclear.

    During a one-hour closed meeting Thursday, Hasan's lead attorney, John Galligan, urged Campbell not to authorize seeking the death penalty, saying such cases are more costly, time-consuming and restrictive.

    Prosecutors were there but did not speak, and Campbell was receptive to the defense team's presentation, Galligan said.

    "I think the decision by prosecutors, with the Army behind them, to seek the death penalty has already been made, but they can't do it until Campbell authorizes it," Galligan told The Associated Press from his Fort Hood-area office, about 125 miles south of Fort Worth.

    "But it just takes one person to stand up and do the right thing, and in this case I think the right thing is not going forward with the death penalty. It's not necessary or required to serve the interest of justice in any criminal case."

    Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the November 2009 shootings on the Texas Army post.

    If Campbell decides that Hasan will be tried without the death penalty being a punishment option to military jurors, a conviction would bring life imprisonment without parole.

    Two Army colonels have recommended that Hasan be court-martialed and face the death penalty. If Campbell's decision echoes those recommendations, then Hasan will no longer have the option of pleading guilty and must have a jury trial rather than opt for a judge to decide the case - which, Galligan said, could pose problems if an impartial jury cannot be found at Fort Hood.

    Galligan has declined to say if he has discussed a plea deal with prosecutors or if he is considering an insanity defense for Hasan, 40, who was paralyzed from the waist down after being shot by police the day of the rampage and remains jailed.

    Galligan has refused to disclose Hasan's mental evaluation but has said the findings will not prevent the military from pursuing a court-martial. Last year a military mental health panel assessed Hasan to determine whether he is competent to stand trial and his mental state during the shootings. It also determined if he had a severe mental illness that day, and if so, whether such a condition prevented him from knowing at the time that his alleged actions were wrong.

    http://www.cbsnews.com/stories/2011/...20064635.shtml

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