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Author Topic: Shooting at Ft. Hood Texas 11/05/09 13 dead, 43 wounded-(Murder Charges)  (Read 730148 times)
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MuffyBee
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« Reply #1340 on: December 18, 2012, 03:08:32 PM »

http://www.kxan.com/dpp/news/texas/ft-hood-suspect-faces-new-judge
New judge allows Hasan to keep beard
Still not date set for trial in Fort Hood massacr
e
December 18, 2012


FORT HOOD, Texas (KXAN) - The Army major accused in the 2009 massacre on Fort Hood will be allowed to keep his beard for the trial, the new judge in the case ruled Tuesday.

But Army Col. Tara Osborn told Maj. Nidal Hasan that military jurors in the murder trial could have negative reaction toward to his beard because it is outside the service branch's regulations, the new judge told the defendant on Tuesday.

Osborn, who takes over in the cast because a military appeals court questioned the objectivity of the initial  judge, did not tell Hasan that he must shave for his trail. But she did ask him several times if he grew the beard under his own free will.

Each time Hasan replied that he did.

Hasan faces the death penalty if convicted in the November shooting 2009 rampage at Fort Hood that killed 13 and wounded more than two dozen. if convicted, Hasan could face the death penalty. No trial date was set.
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« Reply #1341 on: December 18, 2012, 03:21:28 PM »

http://www.mysanantonio.com/news/military/article/His-beard-thicker-Hasan-meets-his-new-judge-4127803.php
His beard thicker, Hasan meets his new judge
December 18, 2012

Slide show at link
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« Reply #1342 on: December 20, 2012, 05:13:26 AM »

Interesting.  The newly appointed judge in Nidal Hasan's case is a female.  How's that working for you Nidal? 

http://www.statesman.com/news/news/new-judge-appointed-in-fort-hood-shooting-case/nTM3F/
New judge appointed in Fort Hood shooting case
December 4, 2012

FORT HOOD — The Army’s highest legal branch appointed a new judge to preside over the case of the Fort Hood shooting suspect, indicating the court-martial is on track to move forward after lengthy delays.
Army Col. Tara Osborn was named Tuesday to lead the case of Maj. Nidal Hasan, who faces the death penalty if convicted in the 2009 shootings that killed 13 and wounded more than two dozen at Fort Hood.
 ::snipping2::
The case had been on hold since Hasan appealed Gross’ order a few days before the trial was to start in August. Gross previously delayed Hasan’s trial from March to June and then to August.
An Army spokesman said he didn’t know when Osborn would arrive at Fort Hood. It’s unclear when hearings in the case will resume.
That is interesting.  And so ironic.  I'll bet his next move is to cry foul over being judged by a worthless female.
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« Reply #1343 on: January 24, 2013, 09:35:55 PM »

Nidal Hasan doesn't want to die, but murdered 13 innocent people and injured many others.   

http://www.kbtx.com/home/headlines/Army-Judge-to-Decide-if-Hasan-Can-Plead-Guilty-188254831.html
Army Judge to Decide if Hasan Can Plead Guilty
January 24, 2013

FORT HOOD, Texas -- The new judge in the Fort Hood shooting case will decide next week whether to spare Maj. Nidal Hasan the death penalty and let him plead guilty.

The military judge will decide whether to remove execution as a punishment option for the Army psychiatrist charged in the 2009 rampage. Col. Tara Osborn has set pretrial hearings for next Wednesday through Friday.

Defense attorneys say Hasan wants to plead guilty to 13 counts of premeditated murder. But Army rules prohibit a judge from accepting a guilty plea in a death penalty case.
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« Reply #1344 on: January 30, 2013, 06:37:33 AM »



http://www.reuters.com/article/2013/01/30/us-usa-crime-forthood-idUSBRE90T0IQ20130130
Military judge to hear arguments in Fort Hood shooting case
January 30, 2013

(Reuters) - A military judge will begin hearing arguments on Wednesday on whether to remove the possibility of the death penalty against Major Nidal Hasan when he is put on trial for the 2009 killing of 13 people on the Fort Hood, Texas, Army base.
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« Reply #1345 on: January 30, 2013, 05:19:34 PM »

http://www.statesman.com/news/news/crime-law/once-again-accused-fort-hood-shooters-beard-reques/nWBF2/
Once again, accused Fort Hood shooter’s beard request denied
January 30, 2013

The newly-appointed military judge in the court-martial of accused Fort Hood mass shooter Maj. Nidal Hasan rejected a defense motion Wednesday to allow Hasan to keep his beard for religious reasons.
Col. Tara Osborn said the beard decision was up to Hasan’s chain of command. The ruling does not necessary mean that the beard will continue to be a legal issue, however, as the judge has previously indicated that she doesn’t have a problem with it.
But it’s not clear whether the Army psychiatrist’s commanders will force him to shave, a move that would likely lead to more delays.
Legal wrangling over Hasan’s beard, which violates Army grooming regulations, has led to major delays to the start of the capital murder trial, in which Hasan faces the death penalty on 13 counts of premeditated murder and 32 counts of attempted premeditated murder.
 ::snipping2::
Osborn also heard other defense motions Wednesday that were previously ruled on by Gross. She once again denied requests for defense-initiated victim outreach specialists and a media expert who could potentially bolster Hasan’s case for a change of venue.
Osborn also rejected a defense motion that the decision to pursue the death penalty be set aside on constitutional grounds.

Comments:

8 Comment(s)Comment(s) 1-8 of 8

Posted by 8sz__yXFB_v0U1JRSrB7taZxGRo at 2:37 p.m. Jan. 30, 2013 Report Abuse
Darn, gotta change Judges again. So it goes to the U.S. Court of Appeals for the Armed Services again to remove this Judge. How many Judges do we have to have removed?

Posted by 8sz__yXFB_v0U1JRSrB7taZxGRo at 2:46 p.m. Jan. 30, 2013 Report Abuse
What if they run out of Judges? Does the first Judge get a second chance? Or can the Commander in Chief appoint a hand-picked Judge who is also a Muslim, assuring that the beard can stay? If there is none, recruit a Judge on monster.com for military service, offering full benefits, retirement and retirement pay after the trial is over with.

Posted by Texas_Ex at 3:00 p.m. Jan. 30, 2013 Report Abuse
And round and round we go.

Posted by Cynic1 at 3:01 p.m. Jan. 30, 2013 Report Abuse
Why is this murderer's lawyer holding up this trial. I have to wonder about him. Will somebody take charge.

Posted by Antonious at 3:08 p.m. Jan. 30, 2013 Report Abuse
If Hasan is allowed to grow a beard we all know his attorney will later claim that the beard swayed the jury in a negative way and therefore Hasan should have a new trial or let go because he was discriminated against. This guy should of been executed long ago. Stop the games, shave him, try him and execute him so we can move on.

Posted by PeterStern at 3:12 p.m. Jan. 30, 2013 Report Abuse
What's the delay in "whacking" this guy?

Posted by RUready at 3:42 p.m. Jan. 30, 2013 Report Abuse
The state is always trying to find ways to reduce spending. Both shaving cream and a razor costs money. I will volunteer my services and resources and shave him for free.

Oh wait, 13 other people with buried relatives from Ft Hood said they would do it for free too.

What a joke of a system !!!!




Posted by MikeRight at 3:44 p.m. Jan. 30, 2013 Report Abuse
Who is this defense attorney kidding? He advised his client not to shave so he could run this game for years about religious freedom. Don't be fooled. It is a delay tactic. Once this moves through enough courts and he is ultimately forced to shave or allowed to keep the beard, the lawyer will continue to appeal and probably sue the government for infringing on his client's freedom of religion if the beard is forcibly removed, or if he is allowed to keep the beard, the lawyer will appeal by arguing the jury was biased because the beard painted Hasan as a terrorist during trial.

How about a more creative legal solution. Allow the beard as long as Hasan and his lawyer agree before any trial and/or sentencing begins that no appeal may be made on the basis of anything having to do with Hasan's facial hair. The lawyer would have to either blatantly admit that this is all a fabricated religious freedom issue to delay trial and keep a back-up appeal plan in play, or the beard really is important for religious reasons and to appeal based on jury bias would undermine the argument he made all along about Hasan's religious rights. He either wants to keep the beard and be proud of it, or he doesn't. It can't be one stance now, then another stance after a guilty verdict.

This is all such a waste of tax dollars.
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« Reply #1346 on: January 30, 2013, 05:57:59 PM »

http://www.kxan.com/dpp/news/texas/3-days-of-hearings-set-in-fort-hood-shooting-case
Death penalty still in play for Hasan
Hearings open in case against Fort Hood suspect

January 30, 2013

FORT HOOD, Texas (AP) — The U.S. Army psychiatrist charged in the worst mass shooting on a U.S. military installation still faces the death penalty if convicted, a judge ruled Wednesday.

The military judge was expected to rule later on Maj. Nidal Hasan's request to plead guilty to 13 counts of premeditated murder in the 2009 attack on the Army post, Fort Hood in Texas.
Army rules prohibit a judge from accepting a guilty plea in a death penalty case, so the ruling Wednesday indicates Hasan would not be allowed to plead guilty as long as that punishment option remains on the table.

Witnesses have said that a gunman wearing an Army combat uniform opened fire after shouting "Allahu Akbar!" — or "God is great!" in Arabic — inside a crowded medical building on Nov. 5, 2009, where deploying and returning soldiers received vaccines and other tests. Hasan was also about to deploy to Afghanistan.
Hasan, 42, is paralyzed from the waist down after being shot by police the day of the rampage.

The American-born Muslim also is charged with 32 counts of attempted premeditated murder. He faces execution or life in military prison without parole if convicted. A trial date has not been set.
 ::snipping2::
Hasan's trial was to start in August but was put on hold when he appealed the former judge's order saying his beard would be forcibly shaved before the court-martial unless he shaved it. Although facial hair violates Army rules, Hasan first showed up in court in June with a beard, later saying it was required by his Muslim faith.

The military's highest appeals court in December tossed out the judge's order and removed him from the case, saying that he appeared to show bias against Hasan in some instances. The new judge was appointed.

In December, during Osborn's first pretrial hearing in the case, the judge told Hasan that she won't hold the beard against him but that military jurors might. Jurors likely would be told not to consider Hasan's appearance when deciding on a verdict.
 
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« Reply #1347 on: January 30, 2013, 06:01:42 PM »

http://www.kvue.com/news/Fort-Hood-suspect-still-faces-possible-execution-189038711.html
Fort Hood suspect still faces possible execution
January 30, 2013

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« Reply #1348 on: February 09, 2013, 06:56:16 PM »

http://www.starnewsonline.com/article/20130207/ARTICLES/130209667/1037/news05?Title=Carolina-Beach-officer-who-stopped-Fort-Hood-rampage-focus-of-local-film
Carolina Beach officer who stopped Fort Hood rampage focus of local film
February 7, 2013

Kimberly Munley, a Carolina Beach native and civilian police officer credited with stopping the deadly shooting at Fort Hood, Texas, will serve as consultant to a group of local filmmakers who have set out to tell her story on the big screen.

"Fort Hood: The Untold Truth" will focus on Munley's experience on Nov. 5, 2009 – the day that Maj. Nidal Malik Hasan killed 13 people and injured several others – and flash back to earlier events in the her life, according to the film's Indiegogo webpage.

Munley, 37, who was shot three times, still managed to shoot Hasan within three minutes of reported gunfire.

On Monday, Munley and two soldiers who also were injured during the shooting will appear with correspondent Brian Ross on ABC's (local affiliate WWAY) World News at 6:30 p.m. and Nightline, she said. The report will focus on a suit filed against the federal government that would force it to declare the incident a terrorist attack so that wounded soldiers and victims' relatives could receive the same benefits as those injured in a combat zone.

Munley, the daughter of former Carolina Beach Mayor Dennis Barbour, grew up in Carolina Beach and graduated in 1993 from Hoggard High School. She now works for the Federal Investigative Services Office of Personnel Management.
 ::snipping2::
The film will be shot with a modest budget – about $500,000 – in about 25 days. Filmmakers hope to raise that much by April 1 on Indiegogo, a global crowdfunding site that enables ordinary people to back creative projects.

To donate to the project, visit indiegogo.com/projects/301847.

 
***********************
(my bold) This has been classified as workplace violence, and not a terrorist attack.  My opinion?  It was a terrorist attack and should be classified as such.   JMHO
« Last Edit: February 09, 2013, 07:01:14 PM by MuffyBee » Logged

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« Reply #1349 on: February 12, 2013, 06:50:52 PM »

http://www.statesman.com/blogs/content/shared-gen/blogs/austin/investigative/entries/2013/02/12/new_video_shows_bloody_afterma.html/
New video shows bloody aftermath of Fort Hood shooting
February 12, 2013

BC News has released grisly video of the scene inside Fort Hood’s soldier readiness processing center in the chaotic moments after a gunman opened fire and killed 13 and wounded more than 30 in November 2009.

ABC News did not say where the video was obtained, but the shaky footage appeared to have been taken with a cell phone camera or other small handheld device.

The video shows lifeless soldiers covered in blue fabrics, scattered folding chairs and blood pooled under wounded victims. In one shot, a shirtless soldier receives CPR. In another scene, a medical worker appears to walk around in a daze.

The footage will be aired tonight as part of a report detailing victims who are suing the federal government over their treatment since the shootings. The victims say they have lost thousands of dollars in potential benefits and received substandard medical care after the shooting was classified as workplace violence as opposed to a terrorist attack.
 ::snipping2::


During Hasan’s lengthy pre-trial hearing, after which military authorities decided to seek the death penalty in an upcoming court-martial, a soldier testified he recorded two videos of the shooting’s aftermath. But Pfc. Lance Aviles said that he quickly deleted them on orders from his superior officers.

Prosecutors played two other videos during the pre-trial hearing; one showed dashcam footage from Munley’s police cruiser as she sped to the scene of the shooting and captured audio of the shootout that felled Hasan; a second showed cellphone video made by Hasan at a Killeen gun store of an employee explaining how to care for the powerful guns he used in the shooting.
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« Reply #1350 on: February 25, 2013, 08:38:58 PM »

http://www.dvidshub.net/news/102513/military-judge-hasan-court-martial-holds-next-pretrial-hearing
News: Military judge in Hasan court martial holds next pretrial hearing

Date Taken:02.25.2013Date Posted:02.25.2013 14:09Location:FORT HOOD, TX, US

FORT HOOD, Texas - The presiding military judge, Col. Tara Osborn, will hold a pretrial hearing in the United States vs. Maj. Nidal M. Hasan court martial at 10 a.m., Feb. 27, in the Lawrence J. Williams Judicial Center here.

Motions expected for argument include a defense request to change venue, a defense request to change venire (venire are the individuals that make up the potential panel members) and several defense requests concerning the procedural rules that apply during sentencing proceedings.
 ::snipping2::
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« Reply #1351 on: February 27, 2013, 05:57:48 PM »

http://www.dvidshub.net/news/102513/update-military-judge-hasan-court-martial-reschedules-next-pretrial-hearing-feb-28
News: Update: Military judge in Hasan court martial reschedules next pretrial hearing to Feb. 28
Date Taken:02.26.2013Date Posted:02.25.2013 14:09Location:FORT HOOD, TX

FORT HOOD, Texas - The presiding military judge, Col. Tara Osborn, has rescheduled a pretrial hearing in the United States vs. Maj. Nidal M. Hasan court martial from 10 a.m., Feb. 27 to 10 a.m., Feb. 28, for administrative reasons.
 ::snipping2::
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« Reply #1352 on: February 27, 2013, 06:00:16 PM »

http://blogs.fayobserver.com/fortbraggreport/February-2013/Could-the-Maj--Hasan-trial-come-to-Fort-Bragg-
Could the Maj. Hasan trial come to Fort Bragg?
February 27, 2013

The lawyers for Maj. Nidal M. Hasan will ask military judge Col. Tara Osborn to change venue tomorrow.

Hasan is infamous for the 2009 Fort Hood shootings, which killed 13 and wounded 29 at a soldier readiness center.

It’s no surprise that Hasan’s lawyers would want to move the court-martial, but there’s also no guarantee such a request would be granted.

But, purely hypothetically, if the trial were moved, Fort Bragg would be an obvious choice.

As the Army’s largest installation, Bragg has a large pool of potential jurors, a relatively new and modern courthouse and a history of holding trials that garner large amounts of media attention (think Hennis, the Pvt. Danny Chen cases and the ongoing case against Brig. Gen. Sinclair).
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« Reply #1353 on: February 27, 2013, 06:02:34 PM »

http://nation.time.com/2013/02/27/the-danger-of-the-lone-wolf-terrrorist/
The Danger of the Lone-Wolf Terrorist
February 27, 2013

Some say that a new era in terrorism is emerging, with the “lone wolf” terrorist front and center. From Anders Breivik in Norway, who murdered scores of young people in a bombing and mass-shooting attack, to Nidal Malik Hasan in the United States, who killed many of his fellow soldiers after opening fire at a military base, lone wolves have recently demonstrated that they can be as dangerous as organized terrorist groups.

Is this a new threat the nation and the world should fret over? Jeffrey D. Simon is a terror expert with 25 years’ experience in the field, including a stint at the Rand Corp. He addresses the issue in his new book, Lone Wolf Terrorism: Understanding the Growing Threat. Battleland conducted this email chat with him Monday.
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« Reply #1354 on: February 28, 2013, 07:31:48 AM »

http://www.statesman.com/ap/ap/crime/fort-hood-shooting-suspect-seeks-change-of-venue/nWcQj/
Fort Hood shooting suspect seeks change of venue
February 28, 2013

FORT HOOD, Texas — The Army psychiatrist charged in the 2009 Fort Hood shooting rampage wants his upcoming murder trial moved off the Texas Army post.
Maj. Nidal Hasan's attorneys also are expected Thursday to discuss their request for changes in the military jury pool.
It's unclear if the judge, Col. Tara Osborn, will rule on Hasan's motion to plead guilty to lesser murder charges that don't carry the death penalty. Prosecutors will proceed with the trial even if Osborn accepts those pleas, which are not part of any deal.
Hasan still faces execution if convicted of 13 counts of premeditated murder.
 ::snipping2::
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« Reply #1355 on: February 28, 2013, 07:28:48 PM »

http://www.statesman.com/news/news/local/hasan-court-martial-set-for-may-29/nWcwG/
Judge sets Hasan court-martial for May 29
February 28, 2013

Military Judge Col. Tara Osborn on Thursday set a court-martial date in the case against the accused Fort Hood shooter Maj. Nidal Hasan for May 29.
Osborn set aside four weeks for jury selection and scheduled trial testimony to begin July 1.
Lawyers expect the trial phase to last two to three months, with as many as 270 potential witnesses.
“I want to set a court date that there is a strong possibility we can stick to,” Osborn said. The court-martial was originally supposed to begin March 2012, but has been delayed several times.
Osborn on Thursday did not rule on a defense motion to move the court-martial away from Fort Hood or to seek a panel, as the jury is known in military court, from other military branches besides the Army. The panel pool is currently made up of about 100 Army officers of a higher rank than Hasan. About 15 percent of the pool is from Fort Hood. Hasan’s attorneys argued that extensive “inflammatory” publicity in both the Fort Hood area and throughout the Army make the changes necessary for Hasan to receive a fair trial.
Osborn set the next pre-trial hearing for March 20.
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« Reply #1356 on: February 28, 2013, 08:16:28 PM »

http://www.mysanantonio.com/news/texas/article/Fort-Hood-shooting-suspect-trial-set-for-May-29-4315222.php
Fort Hood shooting suspect trial set for May 29
February 28, 2013

 ::snipping2::
Hasan's trial initially was set for last March, then delayed to June and then to August after defense attorneys said they needed more time to prepare. Less than a week before it was to start, the trial unexpectedly was put on hold when Hasan appealed an order by then-judge Col. Gregory Gross that his beard would be forcibly shaved unless he removed it before trial. Although facial hair violates Army rules, Hasan started growing a beard last summer, saying it was required by his Muslim faith.

Hasan appealed again in September after Gross issued a definitive, written order for the forced shaving. Proceedings resumed in December after the appeals court ousted Gross from the case and threw out his order.

Osborn, the new judge, won't order Hasan to shave. If he still has a beard at trial, jurors likely would be told not to consider his appearance when deciding on a verdict.

Osborn didn't rule Thursday on defense requests to select jurors from another military branch instead of the Army — an unprecedented action for a court-martial — or to move the trial away from Fort Hood.

Lt. Col. Kris Poppe, lead defense attorney, said his client could not get a fair trial at Fort Hood because of rampant hostility, such as the extreme security measures that seem to indicate Hasan is a target or is dangerous. He also said jurors should come from the Navy or Air Force because Army officers had been exposed to more pretrial publicity about the case.

But prosecutors said extra security would be in place no matter where the trial was held because it was such a high-profile case. They also said only 20 of the 140 potential jurors were from Fort Hood.

About 40 percent of the group asked to be recused in jury questionnaires, and only 99 would-be jurors remain, prosecutors said.

Osborn told prosecutors and defense attorneys to submit written opinions on whether Hasan can plead guilty to his current charges or to lesser charges of unpremeditated murder, which do not carry the death penalty.

Army rules prohibit a judge from accepting a guilty plea in a death penalty case. However, defense attorneys have said Hasan wants to plead guilty to accept responsibility.

Even if Hasan were to plead guilty to lesser charges of unpremeditated murder, prosecutors would proceed with the trial on the premeditated murder charges. Military law experts say Hasan's plea would be a strategy to try to avoid execution by seeming sympathetic to jurors.

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« Reply #1357 on: March 01, 2013, 01:28:12 PM »

http://www.cnn.com/2013/03/01/justice/texas-hasan-court-martial/
Judge orders Fort Hood shooter to stand trial in 3 months
March 1, 2013

122 Comments at time I posted article.  MB
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« Reply #1358 on: March 01, 2013, 08:21:40 PM »

http://www.kwtx.com/home/headlines/Accused-Fort-Hood-Gunman-May-Plead-Guilty-Attorneys-Say-194395321.html
Accused Fort Hood Gunman May Plead Guilty, Attorneys Say
March 1, 2013

FORT HOOD (March 1, 2013)—Army psychiatrist Maj. Nidal Hasan may soon admit to, describe and plead guilty to the deadly November 2009 shooting rampage at Fort Hood, his attorneys said Friday.

Hasan wants to accept responsibility for the attack in which 12 soldiers and a civilian died on Nov. 5, 2009, his attorneys said.

Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder.

Hasan has indicated he may plead guilty to lesser charges of unpremeditated murder and if military judge Col. Tara Osborn allows the plea, she will hold an inquiry in which he must admit guilt.

Some military law experts say it's a legal strategy designed to gain sympathy from jurors in an attempt to avoid a death sentence, The Associated Press reported.
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« Reply #1359 on: March 14, 2013, 11:41:12 PM »

http://articles.latimes.com/2013/mar/13/nation/la-na-hasan-fort-hood-20130314
Army judge in Ft. Hood massacre case is in familiar territory
Col. Tara Abbey Osborn, who will run the murder trial of Maj. Nidal Malik Hasan, once served at Ft. Hood and has much experience in similar cases.

March 13, 2013

FT. HOOD, Texas — Capital murder trials are rare in the military's criminal justice system, but they are familiar territory for the judge who will handle the trial of Maj. Nidal Malik Hasan, the former Army psychiatrist charged with killing 13 people and wounding 32 in a shooting rampage at this base in central Texas.


The judge is Col. Tara Abbey Osborn, and she once served at Ft. Hood, the sprawling facility known as "the Great Place." Osborn has presided over "numerous serious felony trials, one capital trial and other non-capital homicide trials," a base spokesman said.

The capital trial involved Army Sgt. Joseph Bozicevich, who was found guilty of two counts of premeditated murder in the 2008 slayings of his squad leader and another soldier in Iraq.

Bozicevich, 41, was spared the death penalty and sentenced to life in prison after the military jury at Ft. Stewart, Ga., didn't return a unanimous verdict. The death penalty is an option in military trials only when a guilty verdict for premeditated murder is unanimous.

Hasan, 42, who could face the death penalty, is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder.

Osborn is uniquely equipped to handle the Hasan case, former colleagues say, describing her as a strict but fair judge.

"She has an outstanding reputation. She's been a judge for a while and she has death penalty experience, which is probably why she was selected," said Lisa Marie Windsor, a former Army lawyer who served at Ft. Hood and knows Osborn.
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