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Author Topic: Shooting at Ft. Hood Texas 11/05/09 13 dead, 43 wounded-(Murder Charges)  (Read 730162 times)
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« Reply #1220 on: October 06, 2010, 11:59:08 AM »

http://www.kxan.com/dpp/news/texas/Mental-exam-set-for-Fort-Hood-suspect
(video)
Mental exam set for Fort Hood suspect
Ordered before Maj. Hasan's Article 32 hearing
October 5, 2010

FORT WORTH, Texas (AP) - The Army psychiatrist accused in last year's shooting rampage at Fort Hood is to have a mental evaluation before a key hearing to determine whether he will stand trial, a military commander ordered Monday.

Earlier this year Army officials appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent to stand trial. At issue is his mental status during the Nov. 5 shootings, which left 13 dead and dozens wounded on the Texas Army post.

Col. Morgan Lamb, a Fort Hood brigade commander appointed to oversee judicial matters in Hasan's case, on Monday ordered the evaluation before next week's Article 32 hearing, which will be held to determine whether Hasan will stand trial on 13 counts of premeditated murder and 32 counts of attempted premeditated murder. Lamb had previously granted a defense team request to delay the exam for Hasan until after the hearing.

Tyler Broadway, a spokesman for the Army post, said he had no details about Lamb's decision Monday.

It's unclear if any findings from the mental exam would be presented at the Article 32 hearing, the military equivalent to grand jury proceedings. A military officer will hear evidence, including testimony from the nearly three dozen people who were wounded that day, and later determine if Hasan will be court-martialed.

John Galligan, Hasan's lead defense attorney, said he has told Hasan not to cooperate with anyone who tries to evaluate him until the defense team can address "important issues dealing with timing and the composition of the (mental evaluation) board."

"Why at the 11th hour would someone want to rush this through?" Galligan said Monday from his office near Fort Hood, about 120 miles south of Fort Worth.

The panel's job is to determine whether Hasan had a severe mental illness at the time of the shooting, and if so, his clinical psychological diagnosis, whether that prevented him from knowing at the time that his alleged actions were wrong, and if he is competent to stand trial based on military law.

In January when Galligan requested the delay of the evaluation, he cited his lack of military files related to Hasan's mental status and a potential conflict of interest with the panel. Galligan said one member taught at the medical school when Hasan was a student.
 
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« Reply #1221 on: October 07, 2010, 06:13:29 PM »

http://www.statesman.com/news/texas/mental-exam-for-ft-hood-suspect-blocked-by-959557.html
Mental exam for Ft. Hood suspect blocked by lawyer
October 7, 2010

FORT WORTH, Texas — A defense attorney on Thursday blocked a mental evaluation for the Army psychiatrist accused in last year's shooting rampage at Fort Hood, saying it should not be conducted before a hearing to determine whether his client will stand trial.

John Galligan, the lead defense attorney for Maj. Nidal Hasan, said Thursday that he gave a three-member military mental health panel written objections about the exam.

The panel must determine whether Hasan is competent to stand trial, and also will determine Hasan's mental status the day of the Nov. 5 shooting that left 13 dead and nearly three dozen wounded on the Texas Army post.

Galligan said after he gave the panel his objections, they went inside the jail to see Hasan, who signed a document that said: "I do not wish to voluntarily participate in this exam under the current conditions and time frame." The panel signed the document and left, Galligan said.

Col. Morgan Lamb, a Fort Hood brigade commander appointed to oversee judicial matters in Hasan's case, on Monday ordered that the evaluation be done before next week's Article 32 hearing. The hearing will be held to determine whether Hasan will stand trial on 13 counts of premeditated murder and 32 counts of attempted premeditated murder.

The mental exam had been set for later this year or early next year at Galligan's request.

At the Article 32 hearing, expected to last several weeks, the injured victims will testify about what happened that day. The hearing is similar to a grand jury proceeding, and the mental panel's exam and findings are a separate issue.

Fort Hood officials did not immediately return calls to The Associated Press seeking comment about when the mental evaluation might take place or if Lamb could force Hasan to comply now.

The panel's job is to determine whether Hasan had a severe mental illness at the time of the shooting, and if so, whether such a condition prevented him from knowing at the time that his alleged actions were wrong. They also must assess if he is competent to stand trial, based on military law.

Hasan, 40, has been in custody since the shootings, first in a San Antonio military hospital for treatment of gunshot wounds that left him paralyzed. Since April he has been in the nearby Bell County Jail, which houses military suspects for Fort Hood, about 120 miles south of Fort Worth. The military justice system does not have bail for defendants.
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« Reply #1222 on: October 11, 2010, 10:14:44 PM »

http://www.news8austin.com/content/top_stories/274606/witnesses-to-testify-in-fort-hood-shooting-hearing
(with video)
Witnesses to testify in Fort Hood shooting hearing
October 11, 2010

Accused Fort Hood shooter Major Nidal Hasan will be back in a courtroom Tuesday morning for the pretrial investigation Article 32 hearing.

This time however, witnesses connected to the Nov. 5 shooting will take the stand over the course of several weeks.

The purpose of the Article 32 hearing is to determine whether or not Hasan will face a general court martial, which is the military equivalent of a trial.

Below is a timeline of events that led up to Tuesday's hearing:

Timeline

November 12, 2009

Hasan charged with 13 counts of premeditated murder for the deaths of 12 soldiers and one civilian employee killed in the Nov. 5 shooting.

December 2, 2009

Hasan charged with 32 counts of attempted premeditated murder for the dozens injured in the Nov. 5 shooting.

February 12, 2010

Investigating officer granted defense request to delay the opening session of the Article 32 hearing from March 1 to June 1.

April 9, 2010

Hasan moved from Brooke Army Medical Center in San Antonio, where he was being treated for his injuries from the day of the shooting, to Bell County Jail. He remains lodged at the jail as part of his pretrial confinement.

To find out about the cost associated with keeping Hasan at the jail click here. (link in article)

June 1, 2010

Opening session held. Defense granted motion to delay the Article 32 hearing to October 4. In court, they stated they needed more time to meet as a defense team and to go over the thousands of pages worth of documents they received as part of their discovery.

That date was later changed to October 12 to allow for witness travel.

Read more on what happened during the opening session by clicking here. (link in article)

September 16, 2010

Hasan back in court for a status conference hearing, where the defense filed several motions to address issues prior to the Oct. 12 hearing. This included the issue of closing the hearing all together to the public and media. Judge denied two of the three motions.

Read more on the motions made during the status conference hearing by clicking here.(link in article)

October 12, 2010

Witness testimony scheduled to begin in the Article 32 hearing for Hasan. According to Fort Hood officials, court will convene from October 12 to 29. After a one-week break they will reconvene from November 8 to 18 and once again starting December 1 if necessary.
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« Reply #1223 on: October 11, 2010, 10:17:08 PM »

http://www.news8austin.com/content/top_stories/274581/victims-of-fort-hood-shooting-remembered
(with video)
Victims of Fort Hood shooting remembered
October 11, 2010

More than eight months ago, Harker Heights resident Hiram Dixon had an idea.

He sat down and sketched out on a paper napkin the beginnings of what eventually will become the Fort Hood Living Memorial Garden.

As the one year anniversary of the Nov. 5 shooting at Fort Hood approaches, that idea is a little closer to becoming reality.

Victims of Fort Hood shooting remembered
Dixon and his employer, the fraternal organization SPJST , first presented the idea for the memorial back in February.

Since then, a location for the garden has been decided along with sketches of what the memorial will look like.

"We're just about at the point now where we'd like to communicate this to any organization, man, woman, boy or girl who would like to help out with the project," spokesperson for the Fort Hood Living Memorial Garden Brian Vanicek said.

According to Vanicek, the group has collected a little more than $70,000 in donations so far. He estimated they will need $500,000 to build and maintain the memorial into the future.
"There's never been a question on whether or not a memorial needs to be built," Vanicek said. "The questions that were out there was, where will it be located [and] what it will be looking like? Those items have been defined, and [now] we're ready to move forward."

The memorial will feature 13 columns to represent those who were killed on November 5.

Each column will also have a place for family members to place mementos or items to represent their loved ones.

"Working to complete the project, the memorial, is something we can all pull together and make a positive difference with," Vanicek said.

The memorial will be located next to the Killeen Civic and Conference Center.

On the one year anniversary of the shooting, the group will officially unveil plans for the memorial to the public.

"A lot of folks have stepped up to the plate saying, ‘What can we do to bring some light to this dark situation?’" Vanicek said.


Memorial events:


November 5:
The Fort Hood Association of U.S. Army will unveil a monument on post in memory of those who were killed. At 1:30 p.m. a remembrance memorial will also be held.

November 6:
Fort Hood will hold a "Run to Remember " and concert which will be open to the public.
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« Reply #1224 on: October 12, 2010, 08:36:39 AM »

US military base shooting suspect's hearing expected to reveal new details as wounded testify

By: Angela K. Brown, The Associated Press
12/10/2010 7:26 AM | Comments:

FORT HOOD, Texas - Witnesses to a gunman's rampage at a military base will begin describing the attack for a military officer Tuesday, providing new details about the scene that unfolded nearly a year ago in a processing centre where soldiers were making final preparations to deploy.

The Article 32 hearing involving Maj. Nidal Hasan is expected to last at least three weeks and will determine whether there is enough evidence to put the Army psychiatrist on trial. Such hearings are unique to military court, where prosecutors and the defence can call witnesses, and both sides are able to question them and present other evidence.

Hasan, 40, is charged with premeditated murder and attempted premeditated murder in the Nov. 5 attack, which killed 13 people and wounded 32 others at Fort Hood. It was the worst mass shooting at an American military base.

The rampage lasted only about 10 minutes, until two Fort Hood police officers shot and wounded Hasan, who is now paralyzed. He remains in custody.

When the proceeding begins, Hasan will be sitting just a few feet from the witnesses.

Col. James L. Pohl, a military judge acting as the investigating officer in the case, has said he wants to hear from all 32 injured victims but did not say why. Prosecutors usually ask only a few key witnesses to testify at such hearings. Authorities have not said whether they will seek the death penalty if the case goes to trial.

About 300 people were in the Soldier Readiness Processing Center when a gunman jumped up on a desk, shouted "Allahu Akbar!" — Arabic for "God is great!" — and opened fire. Some described hiding under desks or pulling wounded soldiers out the door as the gunman fired two pistols, one a semiautomatic.

Among those expected to testify was Sgt. Kimberly Munley, who was shot in the hand and leg as she and another Fort Hood police officer engaged in a firefight with Hasan, wounding him.

http://www.brandonsun.com/world/breaking-news/us-military-base-shooting-suspects-hearing-expected-to-reveal-new-details-as-wounded-testify-104765799.html?thx=y
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« Reply #1225 on: October 12, 2010, 08:39:17 AM »

Witness Testimony Begins In Ft. Hood Hearing

October 12, 2010 7:40 a.m. EST

Topics: politics, defense, armed forces, crime, law and justice, inquiry, United States
Kris Alingod - AHN News Contributor

Killeen, TX, United States (AHN) - The pre-trial investigation into the deaths of more than a dozen people at Fort Hood begins in earnest Tuesday when witnesses provide testimony about last year's shooting spree, allegedly by Army Maj. Nidal Malik Hassan.

Survivors of the tragedy are expected to testify during the Article 32 investigation, which is the military equivalent of a civilian preliminary hearing. The first session is scheduled to last until the end of the month, and a second session is set for Nov. 8 to Nov. 18. A third may be held in December.

An Article 32 hearing is a pre-trial investigation that could result in a general court martial, the most serious level of military trials that may end in the death penalty.

The investigation began in June, when Hasan made his first court appearance since the shooting at Fort Hood's "readiness center." No witnesses were heard at the time but his attorney's request to postpone proceedings for four months was granted.

Hasan is charged with 13 counts of first degree murder and 32 counts of attempted murder. He is believed to have used a handgun and a semiautomatic weapon against fellow soldiers on Nov. 5 last year.

The shooting occurred in an area where troops gather for medical and dental consultations before deployment, days before Veterans Day and amid debate about sending more troops to Afghanistan.

Hasan's attorney, retired Army Col. John Galligan, has refused to say if he will use insanity as a defense, but his requests last month to exclude autopsy evidence and to close the proceeding to media and the public were both denied.

Hasan's motives are still unclear, but he was due for deployment before the shooting. As a psychiatrist at Walter Reed Medical Center, he had also sent messages to Anwar al-Awlaki, a suspected terrorist and former imam at the mosque attended by two 9/11 hijackers, asking for spiritual guidance.

A practicing Muslim, Hasan was also said to have been unhappy about the treatment of Muslim service members.

The FBI has said Hasan came to its attention in December 2008 when a joint terrorism task force reviewed communication between Hasan and a person they were investigating. The agency said there were no indications at the time that Hasan had any accomplices or was part of a larger terror plot.

Early this year, the Pentagon adopted dozens of changes to policy and emergency procedures following an inquiry into the shooting found gaps in military rules on anti-terror and criminal threats.

The review found military policy on banned activities is unclear and does not allow commanders to act with guidance on potential threats to troop discipline and good order. It also found the Defense Department's commitment to the Joint Terrorism Task Force program with the FBI as "inadequate."


Read more: http://www.allheadlinenews.com/articles/7020187341?Witness%20Testimony%20Begins%20In%20Ft.%20Hood%20Hearing#ixzz129DWeaVl
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« Reply #1226 on: October 12, 2010, 08:44:32 AM »


Ft. Hood shooting suspect Maj. Nidal Hasan

Accused Fort Hood shooter hearing today
Wounded victims expected to testify this week

Updated: Tuesday, 12 Oct 2010, 6:26 AM CDT
Published : Tuesday, 12 Oct 2010, 6:25 AM CDT

FORT HOOD, Texas (KXAN) - Soldiers wounded in the mass shooting at Fort Hood could face Maj. Nidal Hasan for the first time this week. Today, the 39-year-old will be in a court for a hearing that is similar to a civilian grand jury.

This will be the third time Hasan has been in a courtroom since the shooting last November that killed 13.

The prosecution will lay out their case before a military judge. Hasan's attorney, a retired Fort Hood military judge, will get the chance to put on evidence and cross-examine witnesses. Some, if not all of the 32 who were wounded will be called on to describe the attack.

It will be a lengthy pre-trial that could last more than a month. It should wrap up in mid-November.
At that time, it should be clear if Hasan will face the death penalty.

http://www.kxan.com/dpp/news/crime/Accused-Fort-Hood-shooter-hearing-today#
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« Reply #1227 on: October 12, 2010, 08:45:48 AM »

http://www.statesman.com/news/local/hasan-has-hearing-today-in-fort-hood-shooting-966720.html
Hasan has hearing today in Fort Hood shooting case
Witnesses to be plentiful, but lawyers not expected to explore motive or history.
October 12, 2010

Nearly a year after the worst noncombat mass shooting on an American military base rocked Fort Hood and the nation, Maj. Nidal Hasan will enter a military courtroom today to begin what is expected to be a legal saga that will be watched around the world.

Hasan, an Army psychiatrist from Virginia, faces 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the November shootings at Fort Hood's Soldier Readiness Processing Center. What begins today is the first part of the military's legal process: an Article 32 pretrial hearing, where prosecutors will try to persuade military officials to send Hasan to a court-martial.

Military experts agree that Hasan's trial is the most high-profile death penalty case in a generation and perhaps in modern military history.

"I don't think, in my memory, that I can think of a case that's had this much public profile," said Geoffrey Corn, a professor at the South Texas College of Law and a former military lawyer.

"This will be the most closely watched court-martial, I think, since the case of Lt. (William) Calley in the Vietnam War," said Eugene R. Fidell , who teaches military justice at Yale University and is the president of the National Institute of Military Justice . Calley was found guilty of ordering the My Lai massacre, which left hundreds of South Vietnamese civilians dead, in a case that polarized American public opinion over that war. Calley received a life sentence, which was later reduced to a few years of house arrest.

Though the Article 32 hearing will feature plenty of testimony from witnesses, victims and first responders, the legal drama could be less compelling. Most observers, and even Hasan's civilian attorney, John Galligan, expect the hearing to result in a court-martial; the more contested facet could be whether the hearing results in what is known as a capital referral — which would open the door to a possible death penalty for Hasan.

Normally, an Article 32 hearing is a quick affair, lasting a few days at most. By contrast, Hasan's Article 32 hearing is expected to last several weeks and feature dozens of witnesses, including all 32 injured victims.

Experts say prosecutors only have to put on enough evidence to convince a military judge that a court-martial is warranted on the 45 criminal charges he faces, so they will probably focus on the events of Nov. 5 and not on questions of motive or Hasan's history — including his statements and performance at Walter Reed Army Medical Center or his ties to a radical Muslim cleric accused of having links with al Qaeda.

"I can't see the government going out of its way to put on a lot of evidence on motive at this stage, although certainly at trial they will," said Robert Holland , a retired Army trial judge. "Why should the government put on a lot of extra stuff just so the defense can pin them down on details?"

Similarly, defense attorneys rarely put on much evidence during an Article 32 hearing unless they believe they have compelling evidence — such as an alibi — that could lead to a dismissal, experts say.

"Tactically, the only time (the defense) would present evidence is if it thought what it had was so compelling it would cause the commanding general to dismiss," said Guy Womack , a retired Marine officer and Houston criminal and military law attorney. Presenting evidence "just gives the government advance notice of what their case is."

But this is no ordinary case; officials have scheduled a full week for Hasan's attorneys to present witnesses. Galligan has indicated in media interviews that the events leading up to the shootings are vital to understanding what happened. One possible defense could be the counseling sessions Hasan provided to soldiers before the shootings and their impact on Hasan's mental state.

"Multiple individuals seeking counseling (from Hasan) disclosed what were perceived as war crimes in the weeks prior," Galligan said in an interview last month.

Fidell said Hasan's defense strategy should focus on persuading the investigating officer, Col. James Pohl, to recommend against a capital referral.

Hasan's mental state will also be scrutinized. At some point, a sanity board of military health professionals will decide whether Hasan is mentally competent to stand trial if the case moves on to a court-martial.

The military officer overseeing the hearing ordered it to take place last week — rather than after the Article 32 hearing — but on Thursday, Galligan blocked the hearing from taking place, arguing that military officials did not give Hasan enough notice and questioning the makeup of the board. It's unclear when the sanity review will happen.
Womack said the sanity board's decision isn't binding.

"If they come back and say he's sane, he could still plead insanity and vice versa," Womack said. "But if the board comes back and says he's crazy as a loon, that could influence the commanding general's decision."

Even if Pohl were to recommend against making Hasan eligible for the death penalty, Fort Hood's commander will make the final decision, experts said.

Galligan has indicated that he will ask for a change of venue, a motion that would probably take place after the Article 32 hearing. But he faces steep odds.

Given the high turnover of personnel at U.S. Army posts, prosecutors could argue that many of the soldiers at Fort Hood at the time of the shootings have been transferred to different installations, said Corn , the South Texas College of Law professor.

"A change of venue is extremely, extremely rare in the military," Corn said.

jschwartz@statesman.com; 912-2942


By the numbers

13: People killed at Fort Hood's Soldier Readiness Processing Center in the Nov. 5 mass shooting

32: People wounded in the shooting

45: Charges Maj. Nidal Hasan faces

1,113: Soldiers, first responders, family members and witnesses initially identified by Fort Hood as having been directly affected by the incident

4: Number of times Hasan was shot on Nov. 5

5: Months that Hasan spent at Brooke Army Medical Center

Sources: Statesman, Fort Hood Sentinel
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« Reply #1228 on: October 12, 2010, 08:47:57 AM »

Fort Hood Rampage Victims to Face Hasan in Court

Lauren Frayer Contributor
AOL News

(Oct. 12) -- An Army psychiatrist who allegedly opened fire on his comrades at Fort Hood last year in America's worst-ever military base shooting will be sitting just feet from some of his victims as they recount their bloody survival at a court hearing that begins today.

It's the start of Maj. Nidal Hasan's Article 32 hearing, which will determine whether there's enough evidence to put him on trial for murder. The 40-year-old Arab-American soldier is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 attack. He could face the death penalty if convicted.

Army psychiatrist Maj. Nidal Hasan is charged with killing 13 people in the Nov. 5 Fort Hood shootings.
His Article 32 hearing, similar to grand jury proceedings, could last as long as a month, during which time he'll come face to face for the first time with many of the 32 people wounded in the attack. They're expected to recount the 10-minute rampage in graphic detail, for the first time publicly. Relatives of the 13 people killed at Texas' Fort Hood could also be called to testify.

"He was on a base," Marikay DeCrow, widow of one of those killed, Staff Sgt. Justin M. DeCrow, told The Associated Press. "They should be safe there."

Hasan was shot by military police during the rampage, and is paralyzed from the waist down.

In the weeks before the shootings, Hasan is accused of having exchanged e-mails with a radical Muslim cleric in Yemen with ties to al-Qaida. Some witnesses at Fort Hood's Soldier Readiness Processing Center said the shooter yelled, "Allahu Akbar!" (God is greatest) before opening fire on soldiers getting last-minute health checks before deploying to Iraq and Afghanistan.

One possible witness at the Article 32 hearing is Pfc. Alan Carroll, who told the San Antonio Express-News he was standing only feet from Hasan during the attack. "When me and him made eye contact before he shot me in the leg, it was pure anger," the 21-year-old soldier said.

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Hasan's lawyer, retired Army Col. John Galligan, has hinted that he could pursue an insanity defense. "If there's a sanity board issue enough that presents a realistic mental responsibility issue, we could be talking about the possibility of an acquittal," Galligan told the Express-News.

Galligan has also said he plans to probe events leading up to the shootings, including counseling sessions Hasan held with other soldiers.

"Multiple individuals seeking counseling [from Hasan] disclosed what were perceived as war crimes in the weeks prior," Galligan told the Austin American-Statesman.

http://www.aolnews.com/nation/article/fort-hood-shooting-suspect-nidal-hasan--to-face-victims-in-court/19670286
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« Reply #1229 on: October 12, 2010, 08:53:11 AM »

Good morning Muffy!
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« Reply #1230 on: October 12, 2010, 03:11:36 PM »

Defense seeks delay in Fort Hood shooting hearing

By ANGELA K. BROWN and MICHAEL GRACZYK Associated Press Writers © 2010 The Associated Press
Oct. 12, 2010, 1:53PM

FORT HOOD, Texas — A military hearing to determine whether an Army psychiatrist should go to trial for last year's deadly Fort Hood shootings was unexpectedly stalled Tuesday, without testimony from any of the dozens of survivors, after defense attorneys requested a monthlong delay.

Col. James L. Pohl, a military judge acting as the investigating officer in the case of Maj. Nidal Hasan, said he would rule Wednesday on the defense request to start the Article 32 hearing Nov. 8.

Lt. Col. Kris Poppe said the delay was necessary because of certain issues but did not elaborate. He said attorneys needed a day to prepare the request in writing, and Pohl adjourned the hearing until Wednesday.

"We're not operating on a time limit or clock," Pohl said. "We've got to protect everybody's right."

Hasan, 40, is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 attack, the worst mass shooting at an American military base. The Article 32 hearing will determine whether there is enough evidence to proceed with a trial.

The start of Tuesday's proceeding was stalled for nearly 3 hours because of what Pohl described as scheduling issues. Later, Col. Michael Mulligan, the lead prosecutor, told Pohl that the defense has had months to prepare and he opposes any further delays.

The start of the proceeding was stalled for more than 2 1/2 hours because of what Pohl described as scheduling issues.

Tuesday was the third time Hasan appeared in a military courtroom for a hearing, and he did not speak as he sat in his wheelchair wearing his Army combat uniform. He pulled a knit cap over his ears and glanced around the room a couple of times, but otherwise looked at Pohl or his attorneys.

He was paralyzed from the chest down after being shot by Fort Hood police officers on Nov. 5, and since then he has been in custody. First he was in a San Antonio hospital and since April has been jailed in Bell County, which houses military suspects for nearby Fort Hood. The military justice system does not offer bail.

A few relatives of the victims who were in court Tuesday showed no reaction and appeared not to look in Hasan's direction.

At least one soldier wounded in the attack was seen in a courthouse room. Prosecutors had planned to start calling witnesses Tuesday in the hearing expected to last at least three weeks.

Shortly after the hearing began, Poppe renewed a request that the hearing be closed to the public. Pohl denied the request as he had done last month, after defense attorneys said an open hearing would jeopardize Hasan's right to a fair trial because nearly three dozen injured victims were to testify.

After the hearing John Galligan, Hasan's lead defense attorney, declined to say why the defense team asked for the delay or explain the issues mentioned court.

"Nothing can be said," Galligan said. "We have work to do."

At the military base early Tuesday, barriers blocked the front of the courthouse and soldiers stopped and searched all vehicles. Courtroom spectators passed through metal detectors, and green cloth covered fences were set up at the rear of the courthouse to prevent photographers from catching even a glimpse of Hasan as he arrived.

Only 10 members of the media were allowed in the 55-seat courtroom, and the rest could watch the proceedings from a live closed-circuit television feed in room in another building. More than 100 journalists from various agencies were at Fort Hood on Tuesday.

http://www.chron.com/disp/story.mpl/ap/top/all/7243410.html
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« Reply #1231 on: October 12, 2010, 03:14:40 PM »

Hasan's Fort Hood hearing begins

Posted: Oct 12, 2010 1:42 PM CDT Updated: Oct 12, 2010 1:42 PM CDT


Alleged Fort Hood shooter Major Nidal Hasan appeared in a courtroom at Fort Hood Tuesday morning for the first day of his Article 32 hearing that could potentially lead to a Court Martial referral.

The hearing started around 10:45, nearly three hours after its scheduled start time, and ended just minutes later.

Immediately defense attorneys requested Investigating Officer Col. James L. Pohl to reconsider the motion to close the proceedings to the public and press that he denied in a pre-hearing last month.  After a few questions and a long moment of thought Pohl denied the request once again.  He did however, recess the proceedings for 15 minutes to allow the defense to speak with him in private about what they called a "scheduling matter".

The defense team, lead by John Galligan, hopes to delay the hearing even further, saying the reason for the desired continuance in November should not be disclosed to the public.

After the brief recession Pohl declared a one-day delay in the hearing to allow for Galligan and his coworkers to draft a private request, which will be due by midnight.

As of now, the proceedings are set to reconvene at 9 a.m. on Wednesday.

For live, in-depth coverage of the hearing follow our Article 32 hearing blog on CentralTexasNow.com

http://www.cbs19.tv/Global/story.asp?S=13310415
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« Reply #1232 on: October 12, 2010, 03:19:34 PM »

Hasan Hearing  Video: http://wdef.com/video/hasan_hearing/10/2010

Submitted by WDEF News 12 and CBS on October 12, 2010 - 2:40pm. News

The defense for alleged shooter - Major Nidal Hasan - immediately asked for a delay of the military hearing until November – one year after the Fort Hood massacre. The investigating officer told the defense to put it in writing – and come back Wednesday. Victims’ families are prepared to testify, when the hearing finally gets underway.

Joleen Cahill’s husband Michael was among the dead in the rampage last November 5th. Hasan, an Army psychiatrist, is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder for the worst shooting ever on a U.S. military base.

Security was very tight here at Fort Hood for the short hearing. The media and base personnel were kept from getting a good look at Hasan.

Hasan is still in a wheelchair--paralyzed from the chest down after two Fort Hood police officers shot him during the ten minute rampage. One of them – Sergeant Kimberly Munley - was injured and is expected to testify. The hearing - the equivalent of a civilian grand jury - is expected to last three weeks and will determine if Hasan has a full trial.

If that happens, he could face the death penalty.

Manuel Gallegus, CBS News, Fort Hood, Texas.

http://wdef.com/news/hasan_hearing/10/2010
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« Reply #1233 on: October 12, 2010, 06:48:31 PM »


Eric Gay / The Associated Press Military police check a vehicle outside the U.S. Magistrate court where an Article 32 hearing for Army Maj. Nidal Hasan was held on Oct. 12 at Fort Hood, Texas.



Hasan lawyers want to delay Article 32 hearing

By Angela K. Brown and Michael Graczyk - The Associated Press
Posted : Tuesday Oct 12, 2010 17:09:17 EDT

FORT HOOD, Texas — A military hearing to determine whether an Army psychiatrist should go to trial for last year’s deadly Fort Hood shootings was unexpectedly stalled Tuesday, without testimony from any of the dozens of survivors, after defense attorneys requested a month-long delay.

Col. James L. Pohl, a military judge acting as the investigating officer in the case of Army Maj. Nidal Hasan, said he would rule Wednesday on the defense request to start the Article 32 hearing Nov. 8.

Lt. Col. Kris Poppe said the delay was necessary because of certain issues but did not elaborate. He said attorneys needed a day to prepare the request in writing, and Pohl adjourned the hearing until Wednesday.

“We’re not operating on a time limit or clock,” Pohl said. “We’ve got to protect everybody’s right.”

Hasan, 40, is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 attack, the worst mass shooting at an American military base. The Article 32 hearing will determine whether there is enough evidence to proceed with a trial.

The start of Tuesday’s proceeding was stalled for nearly three hours because of what Pohl described as scheduling issues. Later, Col. Michael Mulligan, the lead prosecutor, told Pohl that the defense has had months to prepare and he opposes any further delays.

The start of the proceeding was stalled for more than 2½ hours because of what Pohl described as scheduling issues.

Tuesday was the third time Hasan appeared in a military courtroom for a hearing, and he did not speak as he sat in his wheelchair wearing his Army combat uniform. He pulled a knit cap over his ears and glanced around the room a couple of times, but otherwise looked at Pohl or his attorneys.

He was paralyzed from the chest down after being shot by Fort Hood police officers on Nov. 5, and since then he has been in custody. First he was in a San Antonio hospital and since April has been jailed in Bell County, which houses military suspects for nearby Fort Hood. The military justice system does not offer bail.

A few relatives of the victims who were in court Tuesday showed no reaction and appeared not to look in Hasan’s direction.

At least one soldier wounded in the attack was seen in a courthouse room. Prosecutors had planned to start calling witnesses Tuesday in the hearing expected to last at least three weeks.

Shortly after the hearing began, Poppe renewed a request that the hearing be closed to the public. Pohl denied the request as he had done last month, after defense attorneys said an open hearing would jeopardize Hasan’s right to a fair trial because nearly three dozen injured victims were to testify.

After the hearing John Galligan, Hasan’s lead defense attorney, declined to say why the defense team asked for the delay or explain the issues mentioned court.

“Nothing can be said,” Galligan said. “We have work to do.”

At the post early Tuesday, barriers blocked the front of the courthouse and soldiers stopped and searched all vehicles. Courtroom spectators passed through metal detectors, and green cloth-covered fences were set up at the rear of the courthouse to prevent photographers from catching even a glimpse of Hasan as he arrived.

Only 10 members of the media were allowed in the 55-seat courtroom, and the rest could watch the proceedings from a live closed-circuit television feed in room in another building. More than 100 journalists from various agencies were at Fort Hood on Tuesday.

http://www.armytimes.com/news/2010/10/ap-fort-hood-hearing-101210/
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« Reply #1234 on: October 12, 2010, 07:14:21 PM »

http://www.latimes.com/news/nationworld/nation/la-na-fort-hood-20101013,0,2807772.story
Hearing delayed in Ft. Hood shooting case
The military proceedings involving an Army psychiatrist accused of killing 13 people come to a halt when his lawyers are granted a continuance.
October 13, 2010

Reporting from Ft. Hood, Texas —

A tightly secured military hearing for Maj. Nidal Malik Hasan, the Army psychiatrist accused of killing 13 people in a shooting rampage here last November, ground to an abrupt halt Tuesday when Hasan's lawyers were granted a 24-hour continuance.

The hearing, held to determine whether Hasan should face a court-martial, was scheduled to begin calling witnesses but was delayed by scheduling and procedural disputes.
Lt. Col. Kris R. Poppe, one of Hasan's military lawyers, avoided revealing details of the contested issues in open court and instead was granted permission to put his motion in writing. The hearing will resume Wednesday.

"We're not operating on a time limit or clock," said Col. James L. Pohl, a military judge serving as the hearing's investigating officer.

"We've got to protect everybody's rights," said Pohl, referring to the defendant's right to a fair trial and the public's right to know.

Pohl said he would hear arguments Wednesday on a defense request to postpone the hearing until Nov. 8. He has denied defense requests to close portions of the hearing to the public and news media.

The hearing, held less than four miles from where Hasan is accused of killing 13 people and wounding 32 others, opened under heavy security. Everyone entering the tiny courtroom went through metal detectors, and soldiers and military guard dogs searched arriving vehicles.

Fences draped with green cloth were set up to prevent photographers from taking photos of Hasan. Paralyzed from the chest down by police gunfire during the Nov. 5 shootings, Hasan is in a wheelchair.

The proceeding, known as an Article 32 hearing, is similar to a civilian preliminary hearing. Both the prosecution and defense may present evidence, as well as call and cross-examine witnesses.

Pohl has said he wants to hear testimony from all 32 wounded victims, who are expected to describe the shootings in detail and identify Hasan as the gunman. Typically, such hearings involve testimony from only a few key witnesses.

Hasan, 40, who witnesses said shouted "Allahu akbar!" — Arabic for "God is great" — before the shootings, is accused of firing at least 100 rounds from two handguns. The attack, which took place at a base processing center for soldiers preparing to deploy overseas, was the worst mass shooting on a U.S. military base.

Last week, Hasan refused to submit to a psychiatric evaluation by military doctors. His civilian attorney, retired Army Col. John Galligan, said that neither the defense nor the military doctors had been provided with all relevant information about his mental state. The defense would consider an evaluation but only by independent psychiatrists.

An insanity defense is permitted under military law, but Galligan has not indicated whether he is considering it. Prosecutors have not said whether they will seek the death penalty if the case goes to a court-martial.
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« Reply #1235 on: October 13, 2010, 04:24:07 PM »

Sgt. points to Hasan as gunman in Fort Hood attack

By ANGELA K. BROWN and MICHAEL GRACZYK
The Associated Press
Wednesday, October 13, 2010; 3:40 PM

FORT HOOD, Texas -- A sergeant shot five times during last year's rampage at Fort Hood said Wednesday he recalled lying on the floor and locking eyes with Maj. Nidal Hasan after the Army psychiatrist cried out "Allahu Akbar" and unleashed a burst of gunfire into a crowd of soldiers preparing for deployment.

Sgt. Alonzo Lunsford said the light from a laser-guided weapon soon trained on him, and he closed his eyes.

Lunsford, who lost most of the sight in his left eye in the attack, was the first in a long line of victims who will come face-to-face with Hasan at a military hearing to determine if there is enough evidence for him to stand trial.

Hasan, 40, is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 Fort Hood attack - the worst mass shooting at an American military base.

Lunsford testified that Hasan pulled weapons from his Army combat uniform and shouted "God is Great," in Arabic.

"I was wondering why he would say 'Allahu Akbar.'" Sgt. Alonzo Lunsford said. He illustrated the pace of the subsequent round of gunfire by rapping his fist on the witness stand.

Prosecutor Lt. Col. Steve Henricks asked Lunsford if he got a look at the shooter.

Lunsford said he had a "very good look," then stood and pointed at Hasan, who was seated in a wheelchair just a few feet away. Hasan has been paralyzed from the chest down since Fort Hood police officers fired on him during the attack.
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"Maj. Hasan and I made eye contact," said Lunsford. "The laser (on the weapon's barrel) comes across my line of sight. I closed my eyes. He discharged his weapon."

Later Wednesday, the court heard a recording of a 911 call made my a civilian worker from the epicenter of the tragedy - the Soldier Readiness Processing Center.

Medical technician Michelle Harper said she hid under a desk when the gunfire began.

"Hurry, please," a frantic Harper told the 911 operator as the gun shots and groans for help from shooting victims resounded around her.

"Are you safe?" the unidentified 911 operator asked.

"No," Harper replied.

Harper cried as the 911 tape was played, and Col. James L. Pohl, a military judge presiding over the hearing as its investigating officer, called a brief recess to give her a chance to recover.

Hasan, who has been paralyzed from the chest down since Fort Hood police officers fired at him during the rampage, was expressionless throughout the morning session. He wore his Army combat uniform and pulled a blanket around him while sitting in his wheelchair.

The Article 32 hearing, a proceeding unique to military law, will determine if there's enough evidence to move forward to a trial. It is expected to last at least three weeks.

Lunsford, a 6 foot 9 1/2 serviceman who is based at Fort Bragg, N.C., testified that he crouched behind a check-in counter at the processing center and watched as a civilian physician assistant, Michael Grant Cahill, tried to knock Hasan down with a chair. Cahill was one of the 13 killed that day.

Later Wednesday Pvt. Amber Bahr described the chaos that took over the center as the shooting began.

"People were trying to hide behind barriers and lifting up and throwing chairs, and people trying to shield themselves from the gunshots," Bahr, who was shot in the back, told the court.

Witnesses have said Hasan used two personal pistols, one a semiautomatic, to take some 100 shots at about 300 people at Fort Hood's Soldier Readiness Processing Center, where soldiers were making final preparations to deploy.
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He's been in custody since, hospitalized first in San Antonio, then moved to jail in Bell County, which houses military suspects for nearby Fort Hood. The military justice system does not offer bail.

Prosecutors have not said whether they will seek the death penalty if the case goes to trial.

Col. James L. Pohl, a military judge presiding over the hearing as its investigating officer, earlier denied a request by Hasan's lawyers to postpone the hearing until Nov. 8, after the anniversary of the attacks.

Security has been tight at the Fort Hood courthouse, where soldiers at newly installed barriers restricted traffic. Patrol cars cruised the area. Bomb-sniffing dogs scrutinized vehicles. A small group of reporters allowed into the courtroom went through metal detectors, while photographers outside were blocked from any view of Hasan arriving.

At an auxiliary courtroom where other media monitored proceedings on a closed-circuit TV feed, cell phones were collected and access to the Internet was barred.

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/13/AR2010101300766.html
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« Reply #1236 on: October 13, 2010, 04:30:13 PM »



Military court hears terrified voices on 911 tapes

http://www.news8austin.com/content/headlines/274636/military-court-hears-terrified-voices-on-911-tapes

Fort Hood, Texas (CNN) -- The shootings at Fort Hood were replayed in vivid detail in a military hearing Wednesday as the moans of the injured, the shouts and sobbing of people trying to escape, and the pop-pop-pop of gunfire sounded in the background of the tape of a call to an emergency operator.

In the second day of an evidentiary hearing for accused shooter Maj. Nidal Hasan, the Fort Hood courtroom opened a window into the November shootings that left 13 people dead and dozens wounded.

One man described how his eyes locked with the suspect just before he was shot in the head.

Two people testified that they did not realize they had been shot until after the terror of the moment started to wear off.

Another witness said she took cover under a desk and heard the slow steps of someone she could not see walk past.

Hasan, an Army psychiatrist, is accused of 13 counts of premeditated murder. The Article 32 hearing is reviewing whether there is enough evidence to proceed to a court martial.

In the courtroom, Hasan at times looked down, closing his eyes and stroking his chin as he listened to the testimony. Otherwise he looked straight ahead.

About 20 minutes into the hearing, a blanket was draped over his shoulders. Hasan was paralyzed from the upper chest down when he was wounded four times by police who rushed to the scene of the shooting. Defense attorneys say he has trouble regulating his body temperature because of his injures. He usually wears a watch cap and long underwear.
Video: Hasan heads to military court
Video: 2009: Retracing Hasan's trail
Video: 2009: Could he have been stopped?
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    * Fort Hood
    * Nidal Malik Hasan

Also in the courtroom were several victims' family members, who remained very somber as the 911 tape was played.

Michelle Harper, a civilian employee, told how she had dialed 911 and left her phone on as she hid and listened to gunfire and the sounds of the wounded. She worked as a medical technician on the base.

As part of the tape was played, the sounds of shouting, groans and the popping noises were heard. The 911 operator asked for details of what was happening and trying to reassure Harper that help was coming.

"They are on the way, sweetheart. Michelle, they are on the way," the operator said.

Harper said that as she hid underneath a desk she saw a soldier next to her shot three times, and heard footsteps walk past her hiding place. She escaped from the building, she said, and witnessed the final stand-off between the suspect and police.

The investigating authority, the military term for the judge in the hearing, stopped playing the 911 tape because Harper was crying so hard. The end of it was played when she was out of the courtroom.

Under defense questioning, Harper said she had not seen any of the shooting inside the building; she had only heard them. She also said she was still under counseling, which began after the shootings, for panic attacks.

Testifying Wednesday afternoon, Spc. Amber Barr described how she and her buddies ran for their lives when the shooting began.

"I saw there was blood. I smelled sulfur in the air and I realized it was not a drill," she said.

"It was absolute chaos," she continued. "People just trying to shield themselves from the gunshots."

Barr said she and others managed to get outside and she helped half-carry, half-drag a friend to a nearby pickup truck, which took them and others to the Fort Hood hospital. It was only then, when she tired to sit down, that she realized she had been shot in the lower back.

Spc. Matthew Cooke said he was shot four times but was so charged up on adrenaline he didn't realize he had been wounded. He still carries bullet fragments in his body.

Earlier, Sgt. Alonzo Lunsford testified that a man he later identified as Hasan shouted out 'Allahu Akbar' -- God is great" -- before opening fire.

Lunsford said one person tried to hit Hasan with a chair just before being shot.

Asked to describe the rate of firing, Lunsford struck the desk with his fist. "Rate of fire was like this," he said with a steady knocking sound. "Steady rate of fire."

Burly and tall, the 6-foot-9 inch Lunsford stared directly at Hasan several times during his testimony. Hasan looked back at him impassively. Neither seemed to blink.

Lunsford said Hasan had pulled a weapon from underneath his uniform. "I noticed the weapon he was firing had an infrared sight, like a laser sight on the weapon," he testified. "He was aiming at the soldiers."

Lunsford said that as he tried to escape, his and Hasan's eyes locked. "He discharged his weapon. ... I got shot in the head," he said.

Asked to identify who shot him, the sergeant stood up and extended his full arm pointing at Hasan and said "him." He said he had met Hasan the month before the shootings at a base medical center.

The testimony followed a failed defense effort to close the proceedings to the public or delay them until November 8.

On Tuesday the presiding officer, Col. James Pohl, had allowed the proceedings to run only minutes before calling a recess.

The defense team had submitted a request for information on a variety of federal investigations on the shootings that so far have not been made public.

The investigations by various branches of the federal government, including the Department of Defense, were looking into what was known of Hasan before last year, what contact he had with Islamic radicals overseas and how and why he was evaluated, promoted and transferred from Walter Reed Army Medical Center in Washington to Fort Hood.

Army prosecutors said some of that information will be made available to the defense team in coming weeks.

A few journalists were selected by lottery to sit inside the courtroom in a one-story court building at Fort Hood, the largest Army base in the United States. Other journalists, in a temporary press center in a building 200 yards away on the central Texas base, are allowed to watch a video feed from a camera showing only the presiding officer.

http://www.cnn.com/2010/CRIME/10/13/texas.ft.hood.shootings.hearing/?hpt=Sbin



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« Reply #1237 on: October 13, 2010, 04:32:40 PM »

Witnesses at Hasan hearing recall Fort Hood shootings

Witnesses at Hasan hearing recall Fort Hood shootings

By Megan McCloskey
Stars and Stripes
Published: October 13, 2010

FORT HOOD, Texas — The popping of rapid gunfire, groans of the wounded and terrified pleas for help could be heard on a harrowing 911 call played in court Wednesday during the first day of testimony in the pretrial Article 32 hearing for the Army psychiatrist accused of perpetrating last year’s massacre here.

The prosecution called its first witnesses to prove it had enough evidence to bring Maj. Nidal Malik Hasan to trial on 13 counts of premeditated murder and 32 counts of attempted premeditated murder for the events of Nov. 5, 2009.

With Hasan watching passively from the wheelchair to which he has been confined since being paralyzed by the police bullets that ended the attack, medical technician Michelle Harper, a civilian who worked at the Army base’s Soldier Readiness Processing Center, described how she dove under a desk and called 911 when the shooting started.
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Harper testified in a soft, timid voice that could hardly be heard; the lawyers repeatedly asked her to speak up. She was shaky on the stand from the start, her voice cracking.

Harper said that when the shooting inside the crowded processing center appeared to stop, she got up and attempted to leave the building. But the man took aim again and shot three times a soldier who was standing in front of her.

The loud guttural moaning of that soldier, Pfc. Michael Pearson, could be heard on the 911 tape of Harper’s call. Pearson was one of the 13 victims who died in the attack.

Harper said she took cover under the desk again.

“I just stayed there,” she said. “I didn’t move anywhere and I was just hoping it would stop and I would be able to make my way out.”

From underneath the desk, she could see slow footsteps of a man she believed was the shooter. More shots rang out.

On the 911 tape, Harper is heard telling the operator: “A lot of people are shot. Please hurry!”

When she made it out of the building, Harper said she hid behind a row of cars and witnessed Hasan shoot a female police officer before being shot himself.

Earlier, prosecutors called as their first witness Sgt. Alonso Lunsford, who had been shot five times and lost most of the sight in his left eye.

Using floor plans of the building where the shooting happened, prosecutors led Lunsford through a detailed reconstruction of the events.

“I was wondering why he would say ‘Allahu Akbar,’ ” Lunsford said of Hasan. “He reached up, pulled a weapon out and started discharging the weapon.”

“Allahu Akbar” means “God is Great” in Arabic.

Lunsford said he caught Hasan’s eye during the rampage.

“He looked at me and I looked at him,” Lunsford testified. “He raised the weapon and pointed at me, and the laser [on the weapon’s barrel] came across my line of sight. I closed my eyes, at which point he discharged his weapon.”

The first shot hit Lunsford in the head near his left eye. He said he doesn’t remember getting shot four more times as he fell to the floor.

Witnesses have said Hasan used two personal pistols, one a semiautomatic, to fire some 100 shots at about 300 people. Fort Hood police officers returned fire, leaving him paralyzed from the chest down.

Prosecutors have not said whether they will seek the death penalty if the case goes to trial.

Col. James L. Pohl, a military judge presiding over the hearing as the investigating officer, made no mention Wednesday of a request by Hasan’s lawyers to postpone the hearing until Nov. 8 — after the anniversary of the attacks.

Security has been tight at the Fort Hood courthouse, where soldiers at newly installed barriers restricted traffic. Patrol cars cruised the area and bomb-sniffing dogs scrutinized vehicles. A small group of reporters allowed into the courtroom went through metal detectors, while photographers outside were blocked from any view of Hasan arriving.

At an auxiliary courtroom where other media monitored proceedings on a closed-circuit TV feed, cell phones were collected and access to the Internet was barred.

The Associated Press contributed to this story.

mccloskeym@stripes.osd.mil

http://www.stripes.com/news/witnesses-at-hasan-hearing-recall-fort-hood-shootings-1.121717
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« Reply #1238 on: October 16, 2010, 03:41:41 AM »

Soldier says he was ordered to delete videos of Fort Hood shooting

Posted: October 16, 2010 - 1:03am


This photo released by the Bell County Sheriffs Department on April 9 shows Maj. Nidal Hasan at the San Antonio to Bell County Jail in Belton after his alleged Nov. 5 shooting spree at Fort Hood. More testimony from victims was heard during Hasan’s Article 32 hearing Friday at Fort Hood. Anonymous
Anonymous
This photo released by the Bell County Sheriffs Department on April 9 shows Maj. Nidal Hasan at the San Antonio to Bell County Jail in Belton after his alleged Nov. 5 shooting spree at Fort Hood. More testimony from victims was heard during Hasan’s Article 32 hearing Friday at Fort Hood.
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By ANGELA K. BROWN
Associated Press

FORT HOOD — A soldier who recorded the terror of last year’s deadly shooting rampage in Fort Hood using his cell phone was ordered by an officer to delete both videos, a military court heard Friday.

Under cross-examination, Pfc. Lance Aviles told an Article 32 hearing that his noncommissioned officer ordered him to destroy the two videos on Nov. 5, the same day a gunman unleashed a volley of bullets inside a processing center at the Texas Army post.

The footage could have been used as evidence at the military hearing to decide if Maj. Nidal Hasan should stand trial in the shootings. The 40-year-old American-born Muslim has been charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder.

Twenty-nine witnesses over three days have appeared either in a courtroom or by video link. Prosecutors have not said whether they will seek the death penalty if the case goes to trial.

Aviles described how he was waiting for medical tests at the center with his battle buddy, Pfc. Kham Xiong, when he heard someone shout. Then the gunshots began.

He said he saw a tanned, balding man wearing an Army combat uniform and carrying a black pistol.

“I saw smoke coming from the pistol,” Aviles told the court.

The pair threw themselves to the floor. Aviles turned to his left to check Xiong and discovered his friend had been shot.

“His head was facing the left and a shard of his skull was sticking up,” Aviles said.

Xiong, a 23-year-old father of three from St. Paul, Minn., was among the 13 who died in the attack. Aviles, the 20th person to provide testimony at the hearing, was not hurt.

Addressing the court via video link from Afghanistan, Spc. Megan Martin said she had been waiting to take medical tests when saw a man to her left stand up and shout “Allahu Akbar!” — “God is great!” in Arabic — then start firing a weapon.

He “started shooting to the left of me in a fan motion, left to right,” Martin said.

She described the weapon as “a small handgun (with) ... a green light and a red laser.”

Capt. Melissa Kale said the gun was black and had “a red laser and a green laser.”

Only one witness has testified that he saw two weapons.

Kale, who also is serving in Afghanistan and spoke via satellite link, broke down in tears as she described how she tried to pull Sgt. Amy Krueger out of the line of fire. Twenty-nine-year-old Krueger was killed in the attack.

“I tried to pull Sgt. Krueger with me,” she sobbed. “She didn’t move. I had to leave her there.”

Also talking from Afghanistan and with the sound of jets flying overhead, Maj. Eric Torina testified that he saw Maj. Libardo Eduardo Caraveo just after he had been fatally shot, sitting in a chair as if he was still waiting for his medical exam.

The motionless 52-year-old sat “with his head down like he was almost sleeping, but with a bullet hole in his head, dripping blood,” he said.

Martin described how she saw Capt. John Gaffaney attempting to charge at the gunman to prevent further bloodshed. Gaffaney, a 56-year-old psychiatric nurse preparing to deploy to Iraq, was shot at close range and died.

http://lubbockonline.com/texas/2010-10-16/soldier-says-he-was-ordered-delete-videos-fort-hood-shooting
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« Reply #1239 on: October 16, 2010, 03:45:56 AM »

10 more soldiers testify in hearing about Fort Hood killings

12:00 AM CDT on Saturday, October 16, 2010

By LEE HANCOCK / The Dallas Morning News
lhancock@dallasnews.com

FORT HOOD, Texas – Some soldiers glared on Friday as they identified the man in a wheelchair as their assailant. Several wept describing comrades dying where no one expected an attack. The judge presiding, prosecutors and defense lawyers looked grim – even stricken – as witness after witness recounted how a soldier readiness center became a charnel house.

Maj. Nidal Hasan gave them all the same impassive look that he has maintained during three previous days of his probable cause hearing.

The Army psychiatrist blinked slowly as soldiers told of their desperate scramble for cover to escape steady gunfire. He rubbed his chin or forehead with pale hands as men and women described being shot again and again as they crawled through blood and bodies. Only during breaks did his blank expression change; he once looked anxious and once showed the hint of a smile as he conferred with the defense team.

The 40-year-old betrayed no emotion as soldiers from the mental health unit he was scheduled to deploy with spoke of taking bullets and watching comrades die trying to stop his Nov. 5 attack.

The massacre ended when two civilian police shot Hasan four times. He was paralyzed from the chest down.

Hasan faces 13 counts of premeditated capital murder and 32 counts of premeditated attempted murder. The proceeding, known in military law as an Article 32 hearing, will determine whether he faces a general court martial.

The proceeding has included graphic details of the attack. Seventeen of the 29 witnesses who have appeared so far were wounded – some multiple times.

The 10 soldiers called on Friday said they initially thought someone was conducting an odd training drill when they heard yelling in a crowded post medical processing center. Many recalled puzzlement at what they heard shouted – the Muslim exortation "Allahu akbar" or "God is great." Then came a rhythmic noise that many initially thought was firecrackers being set off near the entrance of building 42003.

"I honestly didn't think it was real," said Spc. Megan Martin, one of three soldiers who testified Friday via a video link from Kandahar, Afghanistan. "They told us to prepare for anything at Fort Hood."

Martin said she focused on a man in fatigues and ripple-soled desert boots moving with a laser-sighted handgun near an area called station 13. He kept firing it "in a fan pattern" at the rows of 45 chairs where she and other deploying soldiers waited to see medical providers.

When she saw a soldier near her was bleeding from the mouth, Martin said, she hit the ground. But her eyes stayed riveted on the man with the pistol.

"Sir, I couldn't look away. I laid absolutely still as I could because he was shooting everything that moved," Martin said. "I couldn't stop watching. It was a nightmare that reoccurs every day."

Martin said a captain from her unit charged the gunman with a folding chair. "But he wasn't fast enough," she said, fighting tears, "and he was shot at close range."

Spc. Logan Burnett, who testified in the post courtroom as howitzer explosions occasionally rumbled outside, said he saw that captain fall. Even so, he decided to try to rush the gunman when he saw a magazine drop from his pistol.

"I stood up and grabbed a folding table," Burnett said. "I turned to throw it toward the shooter. At that point I was struck in the head and fell down."

Burnett looked angry as he identified Hasan as the shooter. He looked as if he wanted to spring from the witness chair as he described being shot twice more as he tried to crawl for safety.

Burnett said he glanced backward when he finally fled the building. "There was no station 13 at that point. There was nothing but chairs scattered everywhere, bodies scattered everywhere, blood everywhere."

Spc. Lance Aviles said he considered trying to tackle Hasan after seeing the left side of his battle buddy's head blown open. Like Burnett, he said he thought he might be able to charge as the shooter reloaded. But the gunman switched magazines too quickly.

So Aviles said he jumped under a table and called his sergeant on a cellphone. When he described what was happening, the sergeant "told me I was playing. I said some things I probably shouldn't say to an NCO so he could tell I was serious."

Testifying by telephone from Georgia, Chief Warrant Officer Christopher Hay Royal told of escaping and deciding to go back to building 42003. "I couldn't let him get away with this," he recalled telling himself as he sprinted back toward the gunfire.

Royal said he saw a sergeant he knew run from the building and take a gunshot in the back. Then the gunman reappeared as Royal moved toward the fallen sergeant. Royal said he dashed for cover behind an SUV. The gunman shot through the car and hit Royal in the back.

During the testimony, Hasan sometimes jotted notes or doodled on a legal pad. He stared blankly when witnesses spoke of their determination to stay in the military.

When a defense attorney asked one soldier if she sought discharge or reassignment because of repeated nightmares about the carnage, the young woman shifted from tearful to determined. "I wanted to carry on the mission," said Martin, "as my fallen soldiers would have wanted me to."

http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-hasan_16pro.ART.State.Edition1.337a469.html
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