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Author Topic: Shooting at Ft. Hood Texas 11/05/09 13 dead, 43 wounded-(Murder Charges)  (Read 549939 times)
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« Reply #1200 on: June 01, 2010, 03:37:27 PM »
Reviewing the process of an Article 32 hearing
June 1, 2010

Maj. Nidal Malik Hasan’s Article 32 hearing was delayed until October, but former military attorney and Judge David Oliver explained what the hearing entails and how it’s different from a civilian grand jury.

The Article 32 hearing performs the same function as a civilian grand jury. It requires the government to demonstrate the charges are supported by a low level of evidence. The process is essential before they can refer the case to a felony level trial.

One of the most striking differences between a Grand Jury and an Article 32 hearing is the defendant is present during the Article 32 hearing.

“The grand jury is usually held in secret; it’s one sided. The prosecutor presents evidence to the grand jurors,” Oliver said. “An article 32, by contrast, is an open process. The accused not only has a right to be present, but has a chance to actively participate in the process.”

The defendant can call witnesses, present evidence and challenge the government’s witnesses.

Though Hasan faces severe charges, 13 counts of premeditated murder and 26 counts of attempted premeditated murder, Oliver said the process will be handled much the same as others.

“There’s a fairly standard process. The severity or significance of the offenses in this case, don’t really change the facts or the process. It will be handled much the same way as any other case,” Oliver said.

After the Article 32 hearing is complete, the presiding investigative officer will hear all the evidence, produce a report, present it to his staff and make a determination on whether to send the case to the court marshal.

  " Everyone is entitled to his own opinion, but not his own facts."  - Daniel Moynihan
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« Reply #1201 on: June 01, 2010, 03:47:24 PM »

David Diem and Jerilyn Krueger unveil the memorial statue for their daughter, Staff Sgt. Amy Krueger, during a Memorial Day ceremony in Veterans Park in Kiel. Amy Krueger was killed by a fellow soldier in November at Fort Hood, Texas, while she was preparing to deploy to Afghanistan. (Gina Kabat/HTR)

Staff Sgt. Amy Krueger honored in Kiel

29-year-old killed during Fort Hood shooting rampage

Memorial Honors Kiel Soldier Killed at Fort Hood

Updated: Jun 01, 2010 6:33 AM CDT

by Jason Zimmerman

A memorial is now place to honor a Kiel soldier killed on active duty last fall. Staff Sergeant Amy Krueger was a victim in the Fort Hood Shootings. Today, her family reflected on her service during a ceremony at Veterans Park.

Alongside the Sheboygan River, hundreds of people in Kiel took a moment to reflect during a Memorial Day celebration where a monument in honor of Staff Sergeant Amy Krueger was unveiled.

"We've just received, so much support, from across the country," says Jeri Krueger, Amy's mother. "so, we are always in awe of the support we've been given."

"It's something we will always look at, when we drive past," says Amy's father, David Diem. "It's just a special thing."

Krueger was one of the 13 people who died in the Fort Hood shooting last November. Today, a number of soldiers from the Texas unit were on hand. Including Specialist Grant Moxon who was also shot.

"It's just good to be alive," says Specialist Grant Moxon. "It's sad, that I'm the one who has to be here and mourn, with the family. I kind of wish it was me, but it's hard to lose a friend, a family member."

The memorial itself carries the Krueger name, but the family hopes those who visit reflect on all soldiers who died in the line of duty.

"We are now in a position to feel, what it feels like to lose a family member," says Jeri Krueger. "So, there's pride and there's sadness. The two of them mixed is how we feel."

The traditional "Fallen Soldier's Monument" also has a plaque with words, "All gave some, some gave all."

A slogan Krueger placed on a tattoo, that so many here won't forget.

Sergeant Amy Krueger Video:


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« Reply #1202 on: June 01, 2010, 03:59:23 PM »

Fort Hood suspect wheels himself into first hearing



Posted on June 1, 2010 at 11:38 AM

Updated today at 1:17 PM

Editor’s note: WFAA-TV reporter Jason Whitely was one of ten reporters selected by the U.S. Army to sit in the courtroom for Maj. Hasan’s first public appearance since the November 5 massacre.

FORT HOOD – Maj. Nidal Hasan, wearing his U.S. Army fatigues, wheeled himself through the main doors of the highly-secured courtroom at Fort Hood about 8:20 a.m. where he made his first court appearance.

Minutes before entering guards removed the shackles which locked him into his wheelchair, his attorney, Ret. Col. John Galligan told News 8. Hasan is paralyzed from the chest down. He only has use of his arms and cannot walk after injuries he sustained by military police after the massacre he’s accused of on November 5.

Though Galligan said Maj. Hasan is battling a bladder infection, the accused mass murderer appeared healthy. His eyes were bright, focused and determined. He glanced at the ten reporters in the room – who were the only members of the public allowed inside – before wheeling himself into position at the defense table. WFAA had the only Dallas / Fort Worth reporter selected to sit in on the hearing. Others had to watch a closed-circuit feed from another building several hundred yards away.

Hasan quietly spoke with his attorneys and even smiled in response to a conversation they had. When one of Hasan’s attorneys offered him water, he again smiled and clearly said “No. Thank you.”

Hasan never looked back at the reporters behind him.

The Article 32 Hearing, similar to a grand jury hearing in the civilian justice system, began at 8:35 a.m.

When the investigating officer, which presides over these hearings, rather than a judge, read Hasan his rights and asked if he understood them, Hasan responded in a regular voice: “Yes, sir.”

He continued that response several times as the investigating officer continued to ask routine questions.

“I have no questions,” Hasan responded to the investigating officer.

The shooting suspect did not make a statement.

Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted murder after prosecutors say he opened fire in a crowded processing center on post last fall.

At 8:43 a.m. Tuesday morning, Hasan asked his attorneys to drape a green blanket over him in his wheelchair. The room was not cold. Some security officers were even wearing short-sleeved shirts.

Galligan and Hasan’s two Army defense lawyers asked the investigating officer to delay the Article 32 hearing until October 4 so it can collect more evidence.

Specifically, the defense said it wants ballistics and trajectory reports from the FBI. The defense also said it wants documents from his former superiors at Walter Reed Army Medical Center in Washington, DC which might detail Hasan’s mental state.

Prosecutors said they have already handed over 50,000 documents to the defense. Prosecutors added that they would turn over the other information once they receive it as well.

Near the end of the hearing which lasted one hour and seven minutes, Hasan appeared detached from his defense team. He stared straight ahead at the bench while his lawyers huddled together.

The investigating officer granted the defense request for a delay while it processes the 50,000 documents it recently received.

Witnesses and evidence won’t be presented until October 4.


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« Reply #1203 on: June 01, 2010, 04:00:35 PM »

Fort Hood Shooting Suspect Granted Delay in Case Until October

Published June 01, 2010

| Associated Press

FORT HOOD, Texas -- Wearing his Army uniform and sitting solemnly in a wheelchair, the psychiatrist accused of gunning down 13 people at Fort Hood made his first courtroom appearance Tuesday where his attorneys won a delay in his case.

Maj. Nidal Hasan, who was paralyzed after being shot by two Fort Hood police officers, only spoke at the hearing when answering questions about the proceedings with a soft: "Yes, sir."

His attorneys sought a delay in his Article 32 hearing because they needed more time to review reams of documents they recently received and still lacked other key documents, including the FBI ballistics report and a government review on the Nov. 5 shootings.

The Article 32 hearing, similar to a civilian grand jury proceeding in which a judge hears witness testimony to determine whether the case should go to trial, is set for Oct. 4.

Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the worst shooting on a U.S. military post.

Officials say Army Maj. Nidal Malik Hasan was the gunman behind the deadly shootings at the Fort Hood Army Base in Texas, in which 13 people were killed and 38 others were wounded.

Before Tuesday's one-hour hearing, Hasan was flanked by military police as he rolled his wheelchair into the courtroom and up to the defense table. One of his attorneys said Hasan was cold, and later an attorney draped a large seafoam-green blanket around his shoulders. Hasan pulled it tightly against him and sometimes covered his nose with it during the proceeding.

He answered "yes, sir" or "I understand, sir" when asked if he understood his rights, if he had read the charges against him and if he knew his right to a speedy trial.

Officials had increased security at Fort Hood on Tuesday, blocking off the road to the court building, having bomb-sniffing dogs search the parking lot and using hand-held metal detectors to screen the few people approved to be in the court. Usually, none of those precautions are taken.

Col. Michael Mulligan, the lead prosecutor, objected to delaying the Article 32 and said prosecutors would be ready to proceed in July. He said prosecutors did not yet have the FBI ballistics report or government review but would continue working to provide those to the defense.

Col. James L. Pohl, a military judge who is acting as the investigating officer in the case, said he planned to call the 32 injured victims as witnesses during the Article 32 hearing.

Pohl said that while authorities have not decided whether to seek the death penalty, he was asked to investigate whether Hasan's case had any aggravating factors -- which are only relevant in death penalty cases. Pohl said he then asked prosecutors about it, which is why they sent a notice last month to defense attorney John Galligan outlining one aggravating factor: multiple deaths in the same incident.

If convicted, Hasan could be sentenced to death only if the military jurors determine there is an aggravating factor, according to military law.

Hasan is awaiting a mental evaluation, which is to be conducted sometime after the Article 32 hearing. Doctors will determine whether Hasan had a severe mental illness at the time of the shooting. If so, they will offer a clinical psychological diagnosis and determine whether it prevented Hasan from knowing his alleged actions were wrong at the time, and if he is competent to stand trial, according to military law.

While Tuesday's hearing was the second for Hasan, it is the first time he's appeared in a Fort Hood courtroom. His initial hearing -- two weeks after the shootings -- was held in his hospital room at San Antonio's Brooke Army Medical Center.

Hasan was treated at the San Antonio facility until his April transfer to the Bell County Jail, which houses military suspects for nearby Fort Hood. The military justice system does not have bail for defendants.

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« Reply #1204 on: June 11, 2010, 04:09:24 PM »

November 5 memorial ok-ed in Killeen, funding needed

Posted: Jun 09, 2010 4:25 PM CDT
Video Gallery
November 5th Fort Hood shooting memorial

A memorial for the victims of November 5 Fort Hood shooting will be built in Killeen.

The city council has now given final approval to the design, location, and name for a memorial. They will build it in the empty space between the Killeen Civic and Conference center, and the Shiloh Inn. It will become a permanent memorial dedicated to those who died in the November 5 attack on Fort Hood.

Connie Kuehl is the Director of the Killeen Civic and Conference Center. She says, "We're very honored.  I think it's a special monument and memorial and to have been selected as the site I think that's wonderful."

They will call it the Fort Hood November 5, 2009 Memorial. It will include a gazebo, with 13 pillars for the 13 people who died in the shooting.

Juan Rivera represents Killeen's district 2. He says, "It's very important for them to see that we pay them respect."

Now, the city's special events complex committee will go to work. They will take it from drawings, to an actual design. From there, the committee will hire someone to build the memorial.

Don Farek heads the committee. He says, "I think it's a great project for our city, and I'm very optimistic that it's gonna turn out to be something we're all proud of."

It may take crews until 2011 to finish the work. Then families, the community, and visitors to Killeen's Conference Center can see the memorial day or night, 365 days per year.

However they still need money to build it. Donations, and not city tax dollars, will fund the project.

Hiram Dixon with the fraternal Czech organization SPJST, came up with the idea for the memorial shortly after the shooting. Since then, both he, the organization, and the city of Killeen, have raised money.

Farek says, "We've got over $75,000 already pledged."

But they will need more. How much more, they do not yet know. They will need to wait until construction bids come in.

Farek says, "What we build is going to depend on how much money we raise. That's gonna be the key factor."

That is where SPJST will play a big role.

President Brian Vanicek says, "What we're hoping to do is be the catalyst that puts the private sector and public sector to contribute and make this project happen."

SPJST and the city will work together on large fundraisers. They plan to not only cover construction costs, but also maintenance costs once the memorial is built.

Dixon says,"It's important that it's an opportunity for healing to take place, for the families, and families, and members that were wounded, or the community itself."

It will be a memorial for the community, funded by the community.

The Texas State VFW has already donated $10,000, and they plan to donate $10,000 more later this month. Also, the owner of the Shiloh Inn has pledged $10,000.

If you would like to donate, follow the link to the SPJST website.

Reporter: Matthew LeBlanc/Photographer: Erin Coker

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« Reply #1205 on: June 11, 2010, 04:28:29 PM »

Council Approves Memorial To Fort Hood Shooting Victims

After some disagreement over location, the Killeen City Council has approved plans for a memorial to the victims of the deadly Nov. 5, 2009 shooting rampage at Fort Hood.

KILLEEN (June 9, 2010)--The Killeen City Council has approved plans for a memorial to victims of the deadly Nov. 5, 2009 shooting rampage at Fort Hood’s Soldier Readiness Center.

The memorial, approved Tuesday night, is planned for construction near the Killeen Civic and Conference Center.
Click here to find out more!

That’s the site preferred by the Temple-based fraternal order SPJST, which plans to create a living memorial that will include 13 trees in memory of the victims as well as a memorial garden with quite places for reflection.

The Tri-City Lodgers Association, in letters sent to city officials, had objected to that location and said the memorial should be placed downtown.

The city will search for an engineer and architect for a granite and limestone pavilion.

The Army psychiatrist accused in the Nov. 5 shootings, Maj. Nidal Hasan, is held on 13 counts of premeditated murder and 32 counts of attempted premeditated murder.

More Information On The Project From SPJST

Fort Hood's Dead

  Mike Cahill, Cameron

Mike Cahill, 62, of Cameron was among the 13 people killed in a shooting rampage Thursday at the Soldier Readiness Center at Fort Hood. , Cahill, a civilian physician’s assistant, helped treat soldiers returning from tours of duty or preparing for deployment. Often, his daughter Keely Vanacker said, Cahill would walk young soldiers where they needed to go, just to make sure they got the right treatment. "He loved his patients, and his patients loved him," said Vanacker, 33, the oldest of Cahill's three adult children. "He just felt his job was important." Cahill, who was born in Spokane, Wash., had worked as a civilian contractor at Fort Hood for about four years, after jobs in rural health clinics and at Veterans Affairs hospitals. He and his wife, Joleen, had been married 37 years. Vanacker described her father as a gregarious man and a voracious reader who could talk for hours about any subject. The family's typical Thanksgiving dinners ended with board games and long conversations over the table, said Vanacker, whose voice often cracked with emotion as she remembered her father. "Now, who I am going to talk to?"

  Major L. Eduardo Caraveo, Virginia

Major L. Eduardo Caraveo, 52, arrived in the United States in his teens from Ciudad Juarez, Mexico, knowing very little English said his son, who’s also named Eduardo Caraveo. He earned his doctorate in psychology from the University of Arizona and worked with bilingual special-needs students at Tucson-area schools before entering private practice. His son told the Arizona Daily Star in Tucson that Caraveo arrived at Fort Hood on Wednesday and was preparing to deploy to Afghanistan. Eduardo Caraveo spoke to the newspaper from his mother's Tucson home. His father's Web site says he offered marriage seminars with a company based in Woodbridge, Va. He was assigned to the 467th Medical Detachment, Madison, Wis.

  Staff Sgt. Justin M. DeCrow, Georgia

Staff Sgt. Justin M. DeCrow, 32, was helping train soldiers on how to help new veterans with paperwork and had felt safe on the Army post. "He was on a base," his wife, Marikay DeCrow, said in a telephone interview from the couple's home at Fort Gordon, Ga., where she hoped to be reunited with her husband once he finished his work at Fort Hood. "They should be safe there. They should be safe." His wife said she wanted everyone to know what a loving man he was. The DeCrows have a 13-year-old daughter, Kylah. "He was well loved by everyone," she said through sobs. "He was a loving father and husband and he will be missed by all." DeCrow's father, Daniel DeCrow, of Fulton, Ind., said his son graduated high school in Plymouth, Ind., and married his high school sweetheart that summer before joining the Army. The couple moved near Fort Gordon about five years ago, he said. About a year ago, his son was stationed in Korea for a year. When he returned to the U.S., the Army moved him to Fort Hood while he waited for a position to open up in Fort Gordon so he could move back with his wife and daughter, Daniel DeCrow said. DeCrow said he talked to his son last week to ask him how things were going at Fort Hood. "As usual, the last words out of my mouth to him were that I was proud of him," he said. "That's what I said to him every time - that I loved him and I was proud of what he was doing. I can carry that around in my heart." He was assigned to the 16th Signal Company, Fort Hood.

  Capt. John Gaffaney, California

Capt. John Gaffaney, 56, was a psychiatric nurse who worked for San Diego County, Calif., for more than 20 years and had arrived at Fort Hood the day before the shooting to prepare for a deployment to Iraq. Gaffaney, who was born in Williston, N.D., had served in the Navy and later the California National Guard as a younger man, his family said. After the Sept. 11 terrorist attacks, he tried to sign up again for military service. Although the Army Reserves at first declined, he got the call about two years ago asking him to rejoin, said his close friend and co-worker Stephanie Powell. "He wanted to help the boys in Iraq and Afghanistan deal with the trauma of what they were seeing," Powell said. "He was an honorable man. He just wanted to serve in any way he can." His family described him as an avid baseball card collector and fan of the San Diego Padres who liked to read military novels and ride his Harley-Davidson motorcycle. Gaffaney supervised a team of six social workers, including Powell, at the county's Adult Protective Services department. Ellen Schmeding, assistant deputy director for the county's Health and Human Services Agency, said Gaffaney was a strong leader. He is survived by a wife and a son. He was assigned to the 1908th Medical Company, Independence, Mo.

  Spc. Frederick Greene, Tennessee

Spc. Frederick Greene, 29, of Mountain City, Tenn., was assigned to the 16th Signal Company, Fort Hood, Texas. He went by the nickname "Freddie" and was active at Baker's Gap Baptist Church while he was growing up, said Glenn Arney, the church's former superintendent and a former co-worker of Greene's.

  Spc. Jason Dean Hunt, Oklahoma

Spc. Jason Dean Hunt, 22, was among the 13 people killed Thursday at Fort Hood, family members in Oklahoma said. Gale Hunt of Frederick said Friday two uniformed soldiers came to her door at 11:30 p.m. Thursday to notify her of the death of her son. She said her son joined the military after graduation from Tipton High School, and had served three and a-half years, including a stint in Iraq. He was married two months ago. He was previously stationed at Fort Stewart in Georgia. She described him as family-oriented and quiet and said he enjoyed video games. He was assigned to the 1st Brigade,
Fort Hood.

Sgt. Amy Krueger, Wisconsin

Sgt. Amy Krueger, 29, of Kiel, Wis., joined the Army after the 2001 terrorist attacks and had vowed to take on Osama bin Laden. Her mother, Jeri Krueger, says Amy Krueger had arrived at Fort Hood on Tuesday. She told the Herald Times Reporter of Manitowoc, Wis., that her daughter was scheduled to be sent to Afghanistan in December. Jeri Krueger recalls telling her daughter that she could not take on bin Laden by herself. The mother recalls her daughter's response: "Watch me." Kiel High School Principal Dario Talerico told The Associated Press that Krueger graduated from the school in 1998 and had spoken at least once to local elementary school students about her career. Talerico says he remembers Amy Krueger as "a very good kid, who like most kids in a small town are just looking for what their next step in life was going to be and she chose the military. Once she got into the military, she really connected with that kind of lifestyle and was really proud to serve her country." She was assigned to the 467th Medical Company, Madison, Wis.

  Pfc. Aaron Thomas Nemelka, Utah

Pfc. Aaron Thomas Nemelka, 19, who was from the Salt Lake City suburb of West Jordan, Utah, chose to join the Army instead of going on a mission for The Church of Jesus Christ of Latter-day Saints, according to his uncle, Christopher Nemelka, who says, , "As a person, Aaron was as soft and kind and as gentle as they come, a sweetheart." He says that what he "loved about the kid was his independence of thought." Aaron Nemelka was the youngest of four children. His family says he was scheduled to be deployed to Afghanistan in January. Utah National Guard Lt. Col. Lisa Olsen says Nemelka had enlisted in the Army in October 2008. He was assigned to the 510th
Engineer Company, 20th Engineer Battalion, Fort Hood.

  Pfc. Michael Pearson, Illinois

Pfc. Michael Pearson, 21, of Bolingbrook, Ill. was one of the 13 people killed in the shooting rampage. Sheryll Pearson told the Chicago Tribune that she and her husband found out Thursday that their son was killed in the attack. She said her son joined the Army more than a year ago and was training to deactivate bombs. She said she and her husband received a call from their son's sergeant at Fort Hood. He told them their son had been shot three times, and an Army surgeon later called to say he had died. Sheryll Pearson says the loss has left the family "all very angry." Neighbor Jessica Koerber says the family has "lost their gem." She said Michael loved playing with his nieces and nephews and enjoyed playing guitar. She calls him "a great kid." He was assigned to the 510th Engineer Company, 20th Engineer Battalion, Fort Hood.

  Capt. Russell Seager, Wisconsin

Capt. Russell Seager, 51, of Racine, Wis., was assigned to the 467th Medical Company, Madison, Wis. Seager was a psychiatrist who joined the Army because he wanted to help veterans returning to civilian life. His brother-in-law, Dennis Prudhomme, said he worked with soldiers at the Veterans Affairs hospital. Seager was scheduled to deploy to Afghanistan in December.

  Pvt. Francheska Velez, Illinois

Relatives say 21-year-old Francheska Velez of Chicago is among the 13 people killed when an Army psychiatrist opened fire. Her father, Juan Guillermo Velez, said she only recently returned from deployment in Iraq. She was preparing to come home because she was pregnant. He likens her death on U.S. soil after serving her country to a slap in the face. He clutched pictures of his daughter as he spoke on a family porch. A friend of Velez, Sasha Ramos, describes her as a fun-loving person who wrote poetry and loved dancing. She was assigned to the 15th Combat Support Battalion, Fort Hood.

Lt. Col. Juanita Warman, Maryland

Lt. Col. Juanita Warman, 55, of Havre De Grace, Md., was a military physician assistant with two daughters and six grandchildren. Her sister, Margaret Yaggie of Roaring Branch in north-central Pennsylvania, told the Pittsburgh Post-Gazette that her sister attended Pittsburgh Langley High School and put herself through school at the University of Pittsburgh. She said her sister spent most of her career in the military. She was assigned to the 1908th Medical Company, Independence, Mo.

  Spc. Kham Xiong, Minnesota

A St. Paul, Minnesota soldier is among those who were killed in the Fort Hood massacre. Army Spc. Kham Xiong was shot and killed before he ever had a chance to go to war. He was at Fort Hood, preparing for a deployment in Iraq around New Year's. Xiong's wife and three children had been with him in Texas for five months, as he got ready for his assignment. The rest of his family is in St. Paul where Xiongs’ father, Chor, says he will always be proud of his son. Family members say Xiong was in line for a physical when the shooting broke out. His wife sent him a text message, telling him to come home for lunch and go back for the physical later. But Xiong texted back, “No, I’ll stay. It's almost my turn." Xiong has ten siblings, including a 17-year-old brother, who's a Marine in Afghanistan. He was assigned to the 510th Engineer Company, 20th Engineer Battalion, Fort Hood.

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« Reply #1206 on: June 11, 2010, 04:44:24 PM »

FBI says Texas man called al-Qaida his 'brothers'


Barry Walter Bujol walks into the federal courthouse Tuesday, June 8, 2010 in Houston. Bujol, who is accused of trying to help al-Qaida, is set for arraignment. The 29-year-old Bujol is facing one charge of attempting to provide material support to a foreign terrorist organization and one charge of aggravated identity theft. (AP Photo/Pat Sullivan)

HOUSTON — A Texas man who pleaded not guilty Tuesday to charges that he tried to help al-Qaida referred to members of the terrorist group as his "brothers," was eager to prove his dedication to the organization and wanted to die fighting alongside them, according to court documents.

Barry Walter Bujol was arraigned Tuesday on charges he tried to supply al-Qaida with personnel, currency and other items. He was arrested last week after a two-year investigation by the FBI Joint Terrorism Task Force.

U.S. Magistrate Judge Frances Stacy ordered Bujol be held without bond until his trial, to be held sometime before the end of summer.

Bujol, 29, is facing one charge of attempting to provide material support to a foreign terrorist organization and one charge of aggravated identity theft. Bujol, who is from Hempstead, which is located about 50 miles northwest of Houston, faces up to 15 years in prison if convicted.

Joseph Varela, Bujol's attorney, said he could not "comment intelligently" on the case until he's had a chance to review the evidence authorities have that would "back up" the charges against his client.

"This is a very complex case," he said. "What I want people to remember is the Constitution (protects) everyone accused of a crime, no matter what that crime is."

A recently unsealed FBI search warrant application described Bujol as eager to prove his dedication to al-Qaida by engaging in physical and covert communications training.

He used at least 14 e-mail addresses to hide his activities from authorities and advocated attacking U.S. facilities where military weapons were manufactured, according to the court document.

The FBI task force determined Bujol had been e-mailing Anwar al-Awlaki, a U.S.-born, al-Qaida-linked cleric believed to be hiding in Yemen.

Al-Awlaki also is believed to have exchanged e-mails with Nidal Malik Hasan, the Army psychiatrist accused of killing 13 people in last November's Fort Hood shootings. He is also accused of helping inspire the Times Square bombing attempt in May and the failed Christmas Day airline bombing.

In one of the e-mails, al-Awlaki allegedly gave Bujol a document titled "42 Ways of Supporting Jihad."

According to the search warrant application, Bujol referred to al-Qaida members in the Arabian peninsula as "brothers" and that he wanted to "die with the brothers for the cause of Allah, and to be in Heaven."

Bujol made three unsuccessful attempts during February and March 2009 to travel overseas to Yemen or the Middle East. After this, an informant working for the FBI befriended Bujol in November 2009, and Bujol believed the informant was a recruiter of al-Qaida in the Arabian Peninsula.

Bujol created a secret code that he used to communicate with the informant and gave himself the Arabic moniker of "Abu Abuadah," according to the search warrant application.

The informant had Bujol retrieve items from "dead drops," pre-arranged secret locations in public places used to exchange messages and other items. In one of these dead drops, Bujol retrieved two false identification cards from a hollowed rock FBI agents placed in a park, the warrant application said.

The cards were supposedly identification cards issued by the Transportation Security Administration that Bujol used on May 30 to gain access to a secure part of a Houston-area port with the alleged intention of boarding a ship bound for the Middle East, the court documents said.

Bujol was arrested after he boarded the ship. He had been given a military-issue compass and other materials that he allegedly agreed to courier to al-Qaida operatives in a Middle Eastern country.

The informant had previously given Bujol currency, prepaid telephone calling cards, mobile telephone SIM cards, global positioning system receivers and public access-restricted U.S. military publications, according to the court documents.

Before he was arrested, Bujol told the informant during a May 3 meeting that "if he never saw 'this place' (i.e., the United States) again it would be fine with him," the warrant application said.

Bujol told the informant he had left a hidden video recording on his laptop computer to explain to his wife what he would be doing overseas, the documents said.

Neighbors at Bujol's apartment complex in Hempstead said Tuesday that he and his family kept mostly to themselves.

Esmerelda Villanueva said Bujol's wife wouldn't let her daughter talk to other kids in the complex and that Bujol didn't talk to anybody.

"I can't believe that would happen here in Hempstead," she said. "They looked like a normal American family, you would never think."

Associated Press Writer Sarah Portlock in Hempstead contributed to this report.

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« Reply #1207 on: June 11, 2010, 04:51:42 PM »

Terror leader Anwar al-Awlaki, who lures Westerners to wage jihad, had N.J. suspects under spell

BY James Gordon Meek

Tuesday, June 8th 2010, 4:43 AM

WASHINGTON - He's the Pied Piper of terror.

Authorities say charismatic terror leader Anwar al-Awlaki's knack for mesmerizing young Westerners to wage jihad is at the heart of the botched plot hatched by two New Jersey men to kill U.S. soldiers.

New Jersey terror suspects Mahmood Alessa (above) and Carlos Eduardo Almonte may have fallen under the influence of Anwar al-Awlaki.

"Awlaki's been moving up the terrorist food chain for several years now," said a U.S. official familiar with his classified dossier. "He's gone from propagandist to operational figure within AQAP [Al Qaeda in the Arabian Peninsula], which has become more interested in external plotting over time, including planning attacks against U.S. interests at home and abroad."

Counterterror officials compare the Yemeni-American's magnetism to those of cult leaders. He's an expert at persuading ordinary men, like the accused New Jersey plotters arrested late Saturday, to kill for Allah - or die for Him.

Time and time again, from the Fort Hood, Tex., massacre to the underwear bomber to the Times Square plot, Awlaki's name ends up in the thick of it - giving him the dubious distinction of being the only U.S. citizen marked for death by his own government. Prosecutors say the two Jersey jihadists watched numerous video and audio recordings that promoted violent jihad, including lectures by Awlaki and videos featuring attacks by Al Shabaab and other terrorist groups.

The polished Las Cruces, N.M.-born Awlaki, 39, has slickly talked his way up the ladder from cleric and recruiter of English-speaking Westerners.

Awlaki's latest success with inspiring followers to wage anti-U.S. jihad was the two New Jersey men arrested Saturday at Kennedy Airport on their way to join Somalia's Al Qaeda-tied Al Shabaab after listening to his speeches.

Besides his rants, a major reason for Awlaki's influence is that, unlike core Al Qaeda leaders, he has been remarkably accessible: He has a Web site and answers his e-mail.

The U.S. tried to kill Awlaki and two other senior AQAP leaders in a Yemen air strike Dec. 24, the day before his "student" Umar Farouk Abdulmutallab tried to blow up a Detroit-bound jetliner with a liquid explosive bomb tucked into his undies.

Awlaki had long been on the radar screen of U.S. counterterror officials - who allowed him to leave the U.S. after the 9/11 attacks despite having told the FBI he knew three of the hijackers from mosques he worked at in San Diego and Falls Church, Va., outside Washington.

An FBI report obtained by IntelWire shows agents quizzed him four times in the days after the 2001 attacks, when he was earning a Ph.D. at George Washington University and was the imam at the Dar al-Hijrah Mosque. Fox News reported last month there are new suspicions he may have known what the 9/11 thugs were up to.

Last week, the Justice Department indicted Barry Bujol of Hempstead, Tex., and revealed the agency had been secretly reading Awlaki's e-mails since at least 2008. Awlaki sent Bujol a document titled "42 Ways of Supporting Jihad," prosecutors said.

It wasn't until Army Maj. Nidal Malik Hasan slaughtered 13 fellow soldiers and civilians at Fort Hood, Tex., last November that Awlaki took on rock-star status within the militant jihadi world.

Soon, he was deemed worthy of a bull's-eye. Counterterror officials learned Awlaki corresponded with and may have met Abdulmutallab. Accused Times Square car bomber Faisal Shahzad also had e-mail contact with him, sources say.

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« Reply #1208 on: June 11, 2010, 05:13:58 PM »

Muslim Cleric’s San Diego History

New Yorkistan?
Initial lessons from the latest homegrown terror plot


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« Reply #1209 on: July 08, 2010, 02:46:49 PM »

Fort Hood victim's family fighting for grave marker


Posted on July 7, 2010 at 11:32 PM
Updated yesterday at 12:01 AM

DALLAS — The family of a Fort Hood soldier who was murdered in the massacre on post last November is now fighting to place a headstone on his unmarked grave.

"When I drive up and see nothing there, it breaks my heart every time," Leila Hunt-Willingham said.

Her little brother was Army Specialist J.D. Hunt, 22. Eight months after he was killed at Fort Hood, his grave remains without a permanent headstone — an unmarked patch of grass.

"To continue to dishonor him by not allowing a headstone for people to pay respects to him is just unfathomable," Hunt-Willingham added.

She and her mother, Gale Hunt, who live in North Texas, are frustrated at Hunt's widow.The couple married two months before his death, and legally it is her decision whether to mark his grave at a cemetery just outside Oklahoma City.

"I am legally his sister," Hunt-Willingham said. "I have been his sister for 22 years, and she's been his mother for 22 years. To put all the power and decision in a wife who was married to him for two months —  I don't think that's right."

In e-mails to friends last March, Hunt's widow, Jennifer Hunt, said it is her headstone, too. She wrote that she would get it taken care of, but she's not rushing it.

"I am trying my hardest to get it done, but it's hard with everything I have going on," Jennifer Hunt told News 8 in an e-mail from her Oklahoma home on Wednesday. "Despite what most people think, my life did not stand still that day —  only my marriage. I still have kids, I am a single mom, I have activities for them and unpacking in our new home. I am doing my best, but no one is ever happy. I will get the headstone as soon as I can, it isn't something to rush!"

Still, Gale Hunt and her daughter Leila said they think eight months is long enough to select a headstone.

"We would rather not have to sue for his remains," the soldier's sister said. "We just want a headstone."

Gale Hunt revealed she actually paid more than $5,000 —  what the military didn't cover —  to bury her son. She said none of the funeral costs were borne by Jennifer Hunt.

Those expenses included a headstone, Gale Hunt added.

It's an honor they insist they'll sue to get unless his widow finally relents. J.D. Hunt's Texas family members said they have already spoken with several attorneys in Texas and Oklahoma.

Army Spc. J.D. Hunt's family is holding a public celebration for him on the weekend before what would have been his 23rd birthday. It will take place in Tipton, Oklahoma,  beginning with a parade through downtown at 5  p.m. and a ceremony at the Tipton High School football field to follow.


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« Reply #1210 on: July 10, 2010, 12:38:59 AM »
Fort Hood processing center to replace site of rampage
July 9, 2010

An earmark placed in a war spending bill by a Texas Democrat would provide a processing center for Fort Hood soldiers preparing for overseas duty, replacing the one that became the site of a lone gunman's rampage last year.

The Nov. 5 shooting left 12 soldiers and a civilian dead and 32 people wounded before police felled the alleged gunman.

“We will never forget that tragic day or those who give so much every day to defend our nation,” said Rep. Chet Edwards, D-Waco.

But Edwards said “it would not be right to ask Fort Hood soldiers deploying or returning home from overseas to process their papers at the site of a terrible tragedy.”

The new Soldier Readiness Center on the Texas Army installation would be built with $16.5 million tucked into a war supplemental spending bill that is making its way to the president.

Money to build the center was placed into the House version of the bill by Edwards, a member of the Appropriations subcommittee on military construction and veterans affairs.

The House passed the bill last week.

A Senate version of the bill also has been approved. Differences in the two pieces of legislation will be reconciled when Congress returns next week.

Both bills include funds for the 30,000 troops that President Barack Obama has ordered deployed to Afghanistan.

Many of those soldiers are coming from Fort Hood, a sprawling Texas post that is headquarters for the Army's III Corps.
Fort Hood soldiers were processing for deployment to Afghanistan when they came under attack by a lone gunman who opened fire with two pistols.

Maj. Nidal Malik Hasan, an Army psychiatrist, was charged in the deaths.

Hasan was shot in the attack and remains paralyzed from the chest down. His lawyers last month won a delay in a Fort Hood hearing that could lead to his court-marshal.

Witnesses are expected to be called to the hearing in October.

The processing center where the massacre took place has not been in use because of the ongoing investigation into the shooting. Soldiers are currently forced to go to multiple locations at the post to have their papers processed.

The Army supports the building of a new center, which would be able to process more efficiently and effectively than the old center.

Edwards disclosed the earmark for the new Fort Hood center in a news release. There has been no public Democratic or Republican opposition to the project.

He said funds for the center would be offset by savings achieved through competitive bids for other overseas military construction projects.

The continued deployment of Fort Hood soldiers to Afghanistan and Iraq, coupled with the mobilization of Army Reserve units at the installation, makes the project timely and necessary, Edwards said.

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« Reply #1211 on: July 31, 2010, 08:33:42 PM »

Banks Won't Cash Accused Fort Hood Gunman's Military Paychecks

Published July 30, 2010

The accused Fort Hood gunman, an army psychiatrist, is still getting paychecks from the U.S. military -- but soon may not have a bank to cash them.

Bank of America has given Maj. Nidal Malk Hasan 30 days to find another bank to cash his checks. Hasan’s attorney, John Galligan, told that the bank didn’t give for terminating his account, but instead said it was doing so “at their own discretion.”

Bank of America declined to comment for this story, citing its client privacy policies.

Hasan is currently being held Bell County, accused of killing 13 in the Nov. 5 shooting spree.

Hasan's legal team is on the hunt for a bank that will accept the deposits. But already a half-dozen local banks, including Chase Bank, Compass Bank, Fort Hood National Bank and the Pentagon Federal Credit Union, have refused him as client.

The Army requires direct deposit, so without a bank, Hasan would be without a paycheck.

But Fort Hood officials told that military financial advisers will assist in resolving the problem, and Hasan will be paid eventually, even though banks are making it difficult.

“It’s a testament to the discriminatory and toxic environment that exists toward my client in the Fort Hood and Bell County communities," Galligan told "He's presumed to be innocent, he hasn't been found guilty to any offense. He's never, to the best of my knowledge, violated any requirements established by any bank,” he said.

Last year’s shooting rampage left Hasan paralyzed when he was shot by two civilian police officers.

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« Reply #1212 on: July 31, 2010, 08:36:43 PM »

Nidal Hasan, accused in Fort Hood shootings, still earns Army paycheck but has nowhere to put it

08:44 AM CDT on Friday, July 30, 2010

Austin American-Statesman

BELTON – As he sits in the Bell County Jail, accused of the Nov. 5 Fort Hood shootings that left 13 dead, Maj. Nidal Hasan continues to receive his monthly Army paycheck, which based on his rank and experience is probably more than $6,000.

That's standard procedure for soldiers who are confined before military trial, according to Army officials.

But Hasan, charged with a shooting spree that shocked the country, is not a standard defendant. And he's having a hard time finding a bank to take his money.

According to his civilian attorney, John Galligan, Bank of America notified Hasan last month that it was closing his account, and no area bank so far has agreed to open an account for the Army psychiatrist.

Military regulations require soldiers to be paid through direct deposit, making a bank account indispensable.

"I think it's just another example of the prejudice that he's been exposed to," Galligan said. "It's money that he's entitled to, that he has a right to."

But Hasan shouldn't miss a paycheck. Army regulations allow commanders to grant waivers exempting soldiers from the direct-deposit system. Fort Hood officials said that when a soldier has a pay problem, commanders and finance officials help the soldier fix the issue, and Galligan said he is working with Fort Hood officials to find a solution.

Galligan said he and his staff have tried to open accounts in Hasan's name at half a dozen banks but were turned down at each one. He was especially angry that Fort Hood National Bank also refused, he said.

"In its unique position as the one major bank on post, with access to all of the soldiers, they turned us down too," Galligan said.

A Bank of America spokeswoman declined to comment for privacy reasons, and officials with Fort Hood National Bank did not return a call for comment. But experts say banks have the right to choose their clients as long as they do not discriminate against a class of people.

Austin American-Statesman

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« Reply #1213 on: July 31, 2010, 09:20:48 PM »

Soldier from Denton honored by Army newspaper for heroic actions at Fort Hood and elsewhere
Posted Saturday, Jul. 24, 2010

Staff Sgt. Zackary Filip, 25, is credited with saving a police officer's life at Fort Hood.
Courtesy of the Army

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Dressed in T-shirt, bluejeans and sneakers, Army Staff Sgt. Zackary Filip dropped his medical records and ran toward the gunshots.

It was early in the afternoon of Nov. 5, a day that neither Filip, nor perhaps the Army, has quite recovered from.

Lots of people were running the other way as Filip sprinted toward the Soldier Readiness Processing Center at Fort Hood. Fleeing, even for soldiers, seems a perfectly normal reaction when someone is shooting.

Filip, a combat-hardened medic, thought he was needed, though he had no idea how much as he arrived smack dab in the middle of the shootout between Maj. Nidal Hasan and two Fort Hood police officers. For the next 45 minutes, Filip treated the wounded and dying, playing a significant part in the survival of several people that day, including the gravely wounded police officer Kimberly Munley.

For his actions that day, along with tales of his courage in firefights in Afghanistan, the Army Times newspaper recently named Filip, a Denton native, the Soldier of the Year for 2010 based on nominations from fellow soldiers.

"Honestly, there are a lot of great soldiers out there who deserve it more than I do," Filip said. "At the end of the day, I've done my job. I'm really glad for the ones I could help."

From dead-end jobs to staff sergeant

Filip, 25, a 2003 graduate of Denton Ryan High School, spent last week in Washington, D.C., not just receiving the award but also meeting U.S. Rep. Michael Burgess, R-Lewisville, Army Chief of Staff Gen. George Casey Jr. and Sgt. Major of the Army Kenneth Preston.

It wasn't that long ago that Filip was in Denton working "dead-end jobs" and "messing up."

"I needed to do something, needed to get out of town," he said. "I was really not going anywhere."

He joined the Army in 2005 to get some training and college money. In five years, he has made staff sergeant and is working as the medical platoon sergeant in 4th Squadron, 9th Cavalry Regiment, part of the 1st Cavalry Division.

Now he's talking about making the Army a career.

"It was just for me," he said. "I love being a medic. I love being an NCO."

His younger brother, Cpl. Jasiah Filip, joined the Army, in part because of his brother. Now they're sharing the same post.

"I'm extremely proud of him," said Jasiah Filip, a soldier in 2nd Battalion, 5th Cavalry. "He's very deserving of the award."

A medic in action at Fort Hood

On the afternoon of the Fort Hood shooting, Filip was heading to the soldier processing center for a health assessment after his return from Afghanistan, where he had served with the 1st Infantry Division.

"I pulled into the parking lot and saw some people running," he said. "I started hearing some pops."

He took off running toward the sound, rounding the building at precisely the time the two officers were exchanging gunfire with Hasan, who has been charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder.

"I had no idea what the hell was going on," he said. "I didn't know if this was some kind of weird training exercise. A bullet hit between me and her. I saw the puff in the dirt. That freaked me out. I saw her get hit, and he went down too. I grabbed her and pulled her to the side of the building.

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« Reply #1214 on: July 31, 2010, 09:24:06 PM »

Injured Soldier Says Thank You

(ABC 6 NEWS) -- Eight months ago Major Nidal Hasan opened fire at the Fort Hood Texas Army Base.

He killed 13 people and injured many others, including Staff Sergeant Patrick Zeigler.

In June, Zeigler arrived at the Mayo Clinic to get the rehab he needed.

While he's still recovering, Wednesday he paused to say thank you.   

"It’s still a little slow going, but slow and steady wins the race,” Zeigler said.

Staff Sergeant Zeigler and fiancé Jessica Hanson ventured out of the hospital Wednesday night with one destination, the Elks Club.

"This is the first opportunity we've had," Hansen said.

Their first opportunity to spread a simple message.

"I just want to tell them thank you and how much we appreciate everybody supporting us," Zeigler said.

"Since day one, since right after the shooting, we've had a lot of support from the Rochester community from the veteran community. It has been ten-fold since we've been in Rochester," Hansen said.

Local veterans are helping any way they can.

"She dropped out of college, been at Patrick’s side ever since, so the Disabled American Veterans, the VFW, the American Legion, the Marine Corps League, the Korean War Vets have all been helping Jessica pay her college bills," said Richard Daly with the Disabled American Veterans.

They’re helping because many who have served, say they see the same thing when they look into Patrick’s eyes.

"He shows a lot of fight. He's got the heart," said Elks Club Board Member Dana Jahns.

But Patrick and Jessica know the fight isn't over yet, even though their time at Mayo Clinic is winding down.

"We’re going to stick around and try a little out-patient therapy and stuff, kind of practice getting ready for the next step, which is to move out of the hospital for good and get on with our lives.

That's what we're looking forward to," Zeigler said.

A long recovery road ahead, but one that's made easier with the help of so many.

The family requested that media not come inside Wednesday night’s event.

However, we can tell you the couple is making plans to tie the knot next year.

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« Reply #1215 on: July 31, 2010, 09:26:58 PM »

New evidence released in alleged Ft. Hood shooter's defense

Posted: Jul 07, 2010 5:37 PM CDT

There are new developments today in the case for the alleged Fort Hood shooter.

U.S. Army Maj. Nidal Hasan's attorney has just received 49,000 pages of additional evidence in the defense case. Since the Nov. 5 shootings that killed 13 people on base, Hasan has been held at the Bell County Jail, waiting for a hearing that has already been post-poned twice.

While these new documents could move the defense closer to the Oct. 12 hearing date, Hasan's attorney, John Galligan, is still saying "not so fast."

Galligan says the reason the original June 1 hearing was post-poned is because he has consistently been denied access to some of the investigation's most critical pieces of evidence.

But today's huge document delivery could help move the defense's case along.  "By the close of business today," says Galligan, "I've been told that I will be in receipt of 49,000 pages of additional discovery. When you add that to what's already been given to us, we've probably got 80-90,000 pages of discovery."

This new evidence is something Galligan says is important, but it is still not the information he needs to go into Hasan's October hearing.  "We have a right at the Article 32," he says, "to present evidence on our own.  Well, you can't present it if you're not given the evidence that you've requested."

The evidence Galligan says he is not getting are the separate White House and Fort Hood investigations into the shootings.  Galligan also says he needs the evaluation from Walter Reed Army Medical Center, where Hasan once worked.

Galligan says it is improper disclosure and unfair to his client.  "He's frustrated," says Galligan, "because as I told him, this is routinely provided to the defense in the normal case."

There are also controversial e-mails Galligan says he needs, linking Hasan to American-born cleric Anwar Al-Awlaki - someone allegedly connected to terror attacks in the U.S.  "My client is lumped in together with all of these other people in the same article," says Galligan, "so disclosure is something that I think we're also going to have to be in receipt of in order to have a fair trial."

Reported by:  Britney Glaser/Photographer:  Kristi Sykora

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« Reply #1216 on: August 20, 2010, 11:55:01 PM »
Final Fort Hood shooting report recommends supervisors have better access to personnel records
August 20, 2010

The military must make sure supervisors have access to soldiers' personnel records and be aware of signs of potential workplace violence, the Defense Department said Friday in its final report on the Fort Hood shootings.

The report's recommendations address some government failures and other problems uncovered in the Pentagon investigation launched after the Nov. 5 shootings that left 13 dead and dozens injured at the Army post.

Soon after the Pentagon report's January release, Defense Secretary Robert Gates ordered a comprehensive weapons policy for military bases and addressed other pressing issues.

The Defense Department report released Friday addresses the remaining matters in the Pentagon report. But it also says more studies are necessary in certain areas, because medical and mental-health screening policies "do not provide a comprehensive assessment of violence indicators" and another policy "lacks the clarity necessary to help commanders distinguish appropriate religious practices from those that might indicate a potential for violence or self-radicalization."

The report's recommendations include improving communications between government agencies and military installations regarding potential threats, and expanding military bases' emergency response capabilities.

"These initiatives will significantly improve the department's ability to mitigate internal threats, ensure force protection, enable emergency response, and provide care for victims and families," Gates wrote in the report.

An Army psychiatrist, Maj. Nidal Hasan, has been charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder. In October, he faces an Article 32 hearing, similar to a civilian grand jury proceeding, in which a judge will hear witness testimony to determine whether the case should go to trial.

Hasan's attorney, John Galligan, said Friday that the Defense Department's report is vague.

"This whole report is designed to tell people we need to start looking for internal threats, but it doesn't say what those threats are," Galligan said Friday. "The idea of looking inward for threats calls into question people's privacy and constitutional rights."

House Armed Services Committee Chairman Ike Skelton, D-Mo., said he was optimistic that the revised policies in the report "will improve the safety of our force in measurable ways for years to come."

The report addresses the two-month Pentagon investigation that found numerous problems, including discrepancies between Hasan's performance and his personnel records. Hasan was described as a loner with lazy work habits and a fixation on his Muslim religion, and he had been promoted to major based on an incomplete personnel file, investigators found.

Separately, the FBI has said it would revise its own procedures to make sure it notifies the Pentagon when it investigates a member of the military. In the Hasan case, a local joint terrorism task force run by the FBI with some military personnel examined Hasan but did not alert the Defense Department.

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« Reply #1217 on: September 15, 2010, 01:09:49 PM »

Updated 09/10/2010 11:55 AM

Hasan back in court next week

By: News 8 Austin Staff

Hasan back in court next week
Accused Fort Hood shooter Major Nidal Hasan is scheduled to be back in court next week.

Next Thursday Maj. Hasan’s pretrial investigation, Article 32 hearing will reconvene.

Maj. Hasan is accused of killing 13 people at Fort Hood last November. He is charged with 13 counts of premeditated murder and 32 counts of attempted murder.

According to officials, the session is called a Status Conference Hearing and will address additional preliminary measures.
For more information:

Learn more about the Fort Hood Shootings including Hasan's trial, policy changes instituted at the post and the memorials in place.

Officials say no witness testimony will be heard during this portion of the hearing.

The Article 32 hearing will be held on October 12.

The Article 32 will determine whether the military has enough evidence to move forward with Hasan’s court martial or trial.

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« Reply #1218 on: September 15, 2010, 07:05:17 PM »
Hasan’s attorney wants closed hearing
September 15, 2010

The attorney for Maj. Nidal Hasan, who faces 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 shootings at Fort Hood, has asked that the upcoming pre-trial hearing be closed to spectators and the media.

The Article 32 hearing, scheduled to begin Oct. 12, is expected to last weeks and feature testimony from all 32 people who were wounded in the attack.

Attorney John Galligan said he made the request to close the hearing to the media because he fears pre-trial publicity will jeopardize Hasan’s ability to get a fair trial. He said he is also worried about the timing of the Article 32 hearing, which comes near the anniversary of the Nov. 5 shooting.

“When you view it all on balance, it does not contribute to an atmosphere conducive to a fair trial,” Galligan said Wednesday.

The matter could be decided on Thursday at a status conference hearing in the case to be held at Fort Hood’s Lawrence J. Williams Judicial Center.

The hearing will address administrative matters in advance of the Oct. 12 pre-trial hearing. Once the Article 32 hearing concludes, Investigating Officer Col. James L. Pohl, who is serving as judge in the hearing, will recommend whether Hasan should face a court martial, and potentially, the death penalty.

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« Reply #1219 on: September 16, 2010, 03:36:38 PM »
Defense request that Hasan hearing be closed to public rejected
September 16, 2010

FORT HOOD — A military investigating officer on Thursday rejected a defense motion to bar the public and media from the upcoming pre-trial hearing of Maj. Nidal Hasan, who is charged with killing 13 people at Fort Hood on Nov. 5.

Hasan’s attorney John Galligan argued that extensive pre-trial publicity would prevent his client from receiving a fair trial at Fort Hood and would contaminate a potential jury pool. Galligan cited the “media frenzy” around the case, pointing to more than 4 million Google search hits on his client’s name and the tenor of some recent newspaper editorials. Galligan argued that such publicity “can only very likely worsen over the next several months.”

But Col. James L. Pohl, a military judge overseeing the Article 32 pre-trial hearing, ruled that potential jurors have likely already been exposed to publicity over the case and that an open hearing would help maintain the integrity of the military justice system.

Pohl said military law requires an “overriding” reason to close an Article 32 hearing and told Galligan he had not provided one. At one point, when Galligan referenced the vast amount of Internet pages on the Hasan case, Pohl asked: “Doesn’t that mean all the information is out there?”

Hasan’s Article 32 hearing, which is similar to preliminary hearing in civilian court, is scheduled to begin Oct. 12. Pohl has said he plans to call all 32 wounded victims of the shooting as witnesses and the hearing is expected to last several weeks. Once the hearing concludes, Pohl will recommend to Fort Hood officials whether the case should proceed to a court martial, in which Hasan could face the death penalty.

Prosecutor Col. Michael Mulligan argued against closing the hearing, telling Pohl that Galligan himself has contributed to the pre-trial publicity by giving frequent media interviews. “(Hasan) can’t shield himself from his activity,” Mulligan said.

Pohl did grant a request from Hasan’s defense team to recess the Article 32 hearing during anniversary services at Fort Hood if the hearing continues that long.

Hasan, who is paralyzed from the waist down, has been held at the Bell County Jail since April, when he was moved from Brooke Army Medical Center in San Antonio. As is standard procedure in Fort Hood courts-martial, Hasan continues to receive a monthly paycheck of around $6,000 as he awaits trial.


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