Shooting at Ft. Hood Texas 11/05/09 13 dead, 43 wounded-(Murder Charges)

[MuffyBee]

My opinion?  Nidal Hasan should have been in front of a firing squad by now.  JMHO

[MuffyBee]

http://abcnews.go.com/Blotter/abc-news-fort-hood-investigation-spurs-congressional-inquiry/story?id=18738435
ABC News Fort Hood Investigation Spurs Congressional Inquiry
March 15, 2013

(2 pg article)
Dramatic Video of Ft. Hood Shooting Aftermath at Link
DOCUMENT: Letter to Attorney General Holder (PDF)

[MuffyBee]

http://www.dvidshub.net/news/103676/judge-osborn-sets-next-hasan-pre-trial-hearing
News: Judge Osborn sets next Hasan pre-trial hearing
Fort Hood Public Affairs Office  
Courtesy Story
03.18.2013Date Posted:03.18.2013 14:54Location:FORT HOOD, TX, US

FORT HOOD, Texas - Col. Tara Osborn, presiding judge in the U.S. vs. Maj. Nidal M. Hasan case, has set 10 a.m., March 20, for the next pretrial hearing in the court-martial.

Both the prosecution and defense will go on the record in open court to reconsider the defense challenge as to what extent Evan Kohlmann can testify as an expert witness.

Other pending motions and matters also may be discussed by either the prosecution or defense.
 ::snipping2::

[MuffyBee]

http://www.kvue.com/news/local/Fort-Hood-case-judge-to-hear-from-terrorism-expert-199145891.html
Judge in Fort Hood case hears from terror expert
March 20, 2013

FORT HOOD, Texas (AP) -- A terrorism consultant says the Army psychiatrist charged in the Fort Hood shooting rampage visited terror groups' websites before the 2009 attack.

The judge in Maj. Nidal Hasan's case will decide if Evan Kohlmann will be an expert witness at the trial starting in May.

Kohlmann acknowledged at Wednesday's pretrial hearing that he couldn't prove Hasan listened to terror leaders' sermons that were downloaded onto his laptop.

Kohlmann said Hasan watched a news broadcast containing audio of Osama bin Laden. Defense attorneys played the video where a journalist talked about bin Laden's audio message.
 ::snipping2::

[MuffyBee]

http://www.kwtx.com/home/headlines/Judge--Trial-Of-Accused-Fort-Hood-Gunman-Wont-Be-Moved-199182791.html
Judge: Trial Of Accused Fort Hood Gunman Won’t Be Moved
March 20, 2013

FORT HOOD (March 20, 2013)-- Military judge Col. Tara Osborn Wednesday rejected a defense motion to move the court-martial of accused Fort Hood gunman Maj. Nidal Hasan out of Central Texas, ruling that the defense failed to prove that pretrial publicity would prevent Hasan from receiving a fair trial here.

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

He could be sentenced to death if convicted.

Osborn Wednesday was also hearing arguments on a defense request to reconsider the admissibility of the testimony of terrorism expert Evan Kohlmann, which the defense wants to limit.

Kohlmann says Hasan meets six factors that indicate someone is a homegrown terrorist, but the defense argues that prosecutors don't need Kohlmann's testimony or 50-page report on Hasan's case to show a motive or premeditation.

Kohlmann testified Wednesday that Hasan visited the websites of terrorist groups before the 2009 shooting rampage, but acknowledged he couldn't prove Hasan listened to terrorist leaders' sermons that were downloaded onto his laptop.

Kohlmann said Hasan watched a news broadcast containing audio from Osama bin Laden.

 ::snipping2::

Jury selection for Hasan’s court-martial is scheduled to begin on May 29 and testimony is scheduled to start on July 1.

[MuffyBee]

http://news.yahoo.com/army-formally-declines-purple-hearts-fort-hood-shooting-235520037.html
Army formally declines Purple Hearts for Fort Hood shooting victims
March 29, 2013

SAN ANTONIO (Reuters) - The U.S. Army on Friday formally declined to award Purple Heart medals to the victims of Major Nidal Hasan's shooting rampage at Fort Hood, saying the move would damage his ability to receive a fair trial.
The Army in a position paper said that awarding the medal to those wounded and posthumously to those killed in the November 2009 attack would 'set the stage for a formal declaration that Major Hasan is a terrorist' because the medal is presented to military members who are 'wounded or killed in any action against an enemy of the United States.'
Hasan, 42, an Army psychiatrist, opened fire on a group of soldiers who were preparing for deployment to Afghanistan, killing 13 and wounding 32 before he was shot and permanently paralyzed by two civilian Fort Hood police officers.
He faces the death penalty if he convicted by a military jury on 13 specifications of premeditated murder. His court martial is set to begin in July.
The Army formalized its ongoing opposition to awarding the Purple Hearts in a position paper responding to language inserted in the Defense Authorization Bill, which would require the Secretary of the Army to award the medal.
Some of Hasan's wounded victims and families of the deceased have filed a federal lawsuit and among the demands is that each of the victims be awarded financial compensation and a Purple Heart.
"U.S. military personnel are organized, trained and equipped to combat foreign, not domestic, forces or threats," the Army wrote. "To expand the Purple Heart award criteria to include domestic criminal acts or domestic terror attacks would be a dramatic departure from the traditional Purple Heart award criteria."
 ::snipping2::
Neal Sher, the New York-based lawyer for the Fort Hood victims, called the Army's claims 'rubbish.'
"This is a cynical travesty," Sher said. "The only thing the government has done is guarantee that anything done to help the victims will effectively impair and prevent Hasan's prosecution. These victims have been given the back of the hand by their government."
The Army says it has the interest of the victims in mind, saying any government declaration that Hasan is a terrorist could mean a delay of another 'year or more' in a trial which has already been pushed back several times by lengthy debates over Hasan's beard and other side issues.
"Such an unprecedented action would thwart the real and lasting measure that will bring closure to the grieving and harmed victims, the trial itself," the Army concluded.

[MuffyBee]

http://www.reuters.com/article/2013/04/16/us-usa-crime-forthood-idUSBRE93F0XR20130416
Fort Hood hearing may hold key to death penalty for shooter
April 16, 2013

(Reuters) - Accused Fort Hood gunman, Army psychiatrist Nidal Hasan, was due in court Tuesday for a hearing that could be key in determining whether he will face the death penalty for the murders of 13 people during a shooting rampage at the military post in November 2009.

Military judge Colonel Tara Osborn is expected to rule on whether prosecutors can solicit testimony from terrorism expert Evan Kohlmann, who has testified at the trials of a number of al Qaeda-linked suspects.

Prosecutors are hoping to establish that the deadly rampage was premeditated, proof of which is essential under the Uniform Code of Military Justice. Premeditated murder carries a potential death penalty.

"This witness is expected to testify that Hasan was on extremist web sites and that he was receiving information that was motivating him into engaging in acts of deadly violence against United States interests," said Geoffrey Corn, a professor at the South Texas College of Law and former senior attorney in the Army's Judge Advocate General's office.

If jurors do not find Major Hasan guilty of premeditated murder, Corn said, they could still convict him on charges of second-degree murder, for which he could not be sentenced to death.
Kohlmann's testimony is likely to show that Hasan's mental was rational and that there was evidence the crimes were planned, said Richard Rosen, an expert on military law at Texas Tech University.

"The witness will establish motive, which will assist in proving premeditation," Rosen said. Hasan "appears to have been motivated by Islamic extremism and clearly wanted to attack the United States."
The defense team - which Fort Hood has not made available for interviews - is likely hoping the government will commit an error that will cause the case to be thrown out or for the punishment to be downgraded, said Jeffrey Addicott, a retired Army Lieutenant Colonel who heads the Center for Terrorism Studies at St. Mary's University in San Antonio.

"The defense will contest every issue and witness," Addicott said.
 ::snipping2::

[MuffyBee]

http://www.kcentv.com/story/21997030/witnesses-refuse-to-come-forward-in-case-against-nidal-hasan
Witnesses Refuse To Come Forward In Case Against Nidal Hasan
April 16, 2013

Witnesses refuse to come forward in the case against the accused Fort Hood shooter.

Nidal Hasan was back in court on post Tuesday for another pretrial hearing.

Now the question is raised, could the reluctant witnesses hold up the case?

Prosecutors want their chance to interview defense witnesses before the trial, but they say many of them, mostly Hasan's family members refuse.

Military Law Expert Brad Glendening says if they're in the United States, the government has the right to compel them to court.

"Otherwise they could have a warrant issued for their arrest. Now if they have anything incriminating to say, then they can evoke their 5th amendment rights, just like everybody else," said Brad.

The prosecution says Hasan's family members won't return their calls, told them to stop calling, or even hired lawyers who advised them not to talk.

Colonel Mike Mulligan said, "I intend to issue subpoenas, I intend to chase them around in the dark and serve them."

For the defense, Lieutenant Colonel Kris Poppe said, "No one on our list of witnesses is happy about being called to witness in defense of Major Hasan."

So could this all hold up the case set to go to trial in just a month and a half?

Brad says only if the reluctant witnesses are withholding crucial testimony or evidence the prosecution decides it has to have in order to plan for the trial.

"It will only hold it up if the government asks the court to hold it up, and of course, if the judge granted it."

Judge Tara Osborn ruled on three motions in court, including whether a terrorism expert is qualified to testify.

She decided he can talk about context but not common traits of terrorists.

The admissibility of evidence also came up Tuesday.

The defense says witness testimony from someone who saw a pregnant victim begging for her unborn child's life just before she was gunned down doesn't make premeditation more or less probable.

 ::snipping2::

The next hearing has been set for May 9, Panel selection starts May 29, and trial is set to begin on July 1.

[MuffyBee]

http://www.statesman.com/ap/ap/crime/fort-hood-shooting-suspect-seeks-trial-delay/nXmH5/
No delay for trial of Fort Hood shooting suspect
May 9, 2013

FORT HOOD, Texas — The Army psychiatrist charged with gunning down 13 people during the 2009 rampage at Fort Hood is scheduled to go on trial this month after a military judge denied his request Thursday for another delay.
Maj. Nidal Hasan's attorneys requested the trial be delayed from late May until Sept. 1, saying military jurors might be influenced by recent national media coverage of the Boston Marathon bombings that compared the suspects, two Muslim brothers, to Hasan, who is an American-born Muslim.
The judge, Col. Tara Osborn, refused. Osborn also reconsidered and again denied Hasan's request to plead guilty in connection with the November 2009 attack on the Texas Army post that also wounded nearly three dozen people.
Hasan is charged with 13 counts of premeditated murder, charges that carry the death penalty. Army rules prohibit a judge from accepting a guilty plea to charges that could result in a death sentence, and Osborn on Thursday refused to remove the death penalty as a punishment option.
Osborn also denied his request to plead guilty to lesser murder charges. However, she said that if Hasan is convicted, she would tell jurors before the sentencing phase that he wanted to plead guilty to premeditated murder and to the 32 counts of attempted premeditated murder he also faces.
Even if the judge had allowed the guilty pleas to lesser murder charges, the death-penalty trial still would have proceeded, unlike in civilian court.
The judge set the next hearing for May 29, when Hasan is to enter a plea. Osborn said jury selection would not begin until all pretrial issues had been resolved, which would be May 30 at the earliest.
And in an unusual move, the judge directly asked questions to Hasan, who rarely speaks in court. Hasan, sitting in his wheelchair at the defense table, softly answered, "Yes, ma'am," each time Osborn asked if he wanted to plead guilty. His attorneys had discussed Hasan's desire to plead guilty during previous hearings, though Thursday was the first time he said so in court.
 
Hasan faces the death penalty or life in military prison without parole if convicted.

[MuffyBee]

Nidal Hasan has drawn his salary, received food, shelter, medical care and of course his legal defense is paid. We need to get moving on with this trial.  JMHO   Praying for justice for the victims and families. 

http://www.foxnews.com/us/2013/05/21/fort-hood-shooter-has-drawn-278g-in-salary-since-massacre/?cmpid=GoogleNewsEditorsPicks&google_editors_picks=true
Report: Fort Hood shooter has drawn $278G in salary since massacre
May 21, 2013


The military can't take away the salary of Nidal Hasan, the Army psychiatrist charged in the deadly 2009 Fort Hood shooting, until he has been convicted. (AP)
The Army psychiatrist accused of killing 13 people and wounding 32 others during a shooting at Fort Hood has reportedly been paid more than $278,000 since the 2009 incident.

U.S. Department of Defense officials confirmed to NBCDFW.com that Maj. Nidal Hasan’s salary cannot be suspended unless he is proven guilty in the Nov. 5, 2009, shooting in Texas, citing the Uniform Code of Military Justice. Jury selection in his trial is scheduled to begin May 30.

If Hasan, 42, had been a civilian Defense Department employee, Army officials could have suspended his pay after just seven days, NBCDFW.com reports.

A military judge refused to delay Hasan’s trial earlier this month after his attorneys sought to postpone the court-martial to Sept. 1. Hasan’s attorneys claimed military jurors may be influenced by national media coverage of the Boston Marathon bombings that compared the two Muslim suspects -- Dzhokhar and Tamerlan Tsarnaev – to Hasan.

Prosecutors countered that the delay was unnecessary because Hasan was mentioned only briefly in some news reports about the April 15 attacks in Boston.
Hasan faces the death penalty or life in prison without parole if convicted of 13 counts of premeditated murder and 32 counts of attempted premeditated murder.
 

[MuffyBee]

Hasan fired his civilian attorney almost two years ago, had the original judge on the case removed and now he wants to represent himself.  Would you like some fries or a pie with that?!   All the while, the victims and their families await justice. 

http://www.statesman.com/news/news/local/hasan-seeking-to-defend-himself-in-upcoming-court-/nXzMg/
Hasan seeking to defend himself in upcoming court-martial
May 22, 2013

American-Statesman Staff
Maj. Nidal Hasan, accused in the Nov. 5 2009 mass shooting at Fort Hood, is seeking to fire his military attorneys and represent himself at his upcoming court-martial.
Hasan, who faces a potential death sentence on 13 counts of premeditated murder and 32 counts of premeditated attempted murder, has asked a military judge to “to waive his right to counsel and proceed pro se,” according to the Fort Hood public information office.
The request will be taken up by military judge Col. Tara Osborn at a May 29 pre-trial hearing. Because of the request, the planned selection of a jury — or panel, in military parlance — has been pushed back from May 30 to June 5. The trial is scheduled to begin by July 1.
More...

[MuffyBee]

The more I've thought about it, the more I believe Nidal Hasan wants to represent himself in able to build a platform for jihadist rhetoric.  JMHO

[MuffyBee]

http://www.statesman.com/news/news/local/judge-orders-physical-exam-for-fort-hood-suspect/nX5xw/
Judge orders physical exam for Fort Hood suspect
May 29, 2013

FORT HOOD — A judge on Wednesday delayed a decision on whether an Army psychiatrist charged in the deadly 2009 Fort Hood shootings can represent himself at his upcoming murder trial.
The judge, Col. Tara Osborn, found that Maj. Nidal Hasan is mentally competent but wants him to undergo a physical exam to see if he can withstand the rigors of representing himself during the trial, which is expected to last four weeks.
Hasan was paralyzed from the chest down and uses a wheelchair after being shot by officers during the shootings.
He will be examined by a Fort Hood doctor as soon as possible. Osborn scheduled a hearing for Monday at which she said she wants the examining doctor to testify to Hasan’s physical capabilities.
Jury selection is scheduled for next week, and testimony is expected to start in early July.
 

[Sister]

The more I've thought about it, the more I believe Nidal Hasan wants to represent himself in able to build a platform for jihadist rhetoric.  JMHO

Muffy Bee, I agree with you.
I am praying justice will prevail.
 

[MuffyBee]

http://www.myfoxdfw.com/story/22443919/fort-hood-suspect-seeks-to-represent-self-at-trial
Judge delays Hasan's request to represent himself
May 29, 2013

A judge says she wants Maj. Nidal Hasan to have a physical exam before she rules on whether or not he can represent himself in the Fort Hood shooting trial.

The judge, Col. Tara Osborn, says she knows he is mentally capable, but wants to make sure he can stay in court for long periods of time.

Hasan is the Army psychiatrist charged in the shooting deaths of 13 people.

Hasan wouldn't say why he wants to represent himself during Wednesday's pre-trial hearing.

A doctor will examine Hasan over the weekend and will testify on Monday.
 

[MuffyBee]

http://www.seattlepi.com/news/texas/article/Fort-Hood-suspect-to-represent-himself-at-trial-4570791.php
Fort Hood suspect to represent himself at trial
June 3, 2013

FORT HOOD, Texas (AP) — The Army psychiatrist charged in the 2009 Fort Hood shooting rampage will represent himself at his upcoming murder trial, meaning he will question the more than two dozen soldiers he's accused of wounding, a military judge ruled Monday.

Maj. Nidal Hasan's attorneys will remain on the case but only if he asks for their help, the judge said. Hasan, 42, faces the death penalty or life in prison without parole if convicted of 13 counts of premeditated murder and 32 counts of attempted premeditated murder.

After questioning Hasan for about an hour, the judge, Col. Tara Osborn, ruled that Hasan was mentally competent to represent himself and understands "the disadvantage of self-representation." She repeatedly urged him to reconsider his request, noting that the lead prosecutor has more than 20 years of experience and that Hasan will be held to the same standards as all attorneys regarding courtroom rules and military law.

"You've made that quite clear," Hasan said after the judge asked if he understood that representing himself was not "a good idea."
At Osborn's request, a doctor testified Monday about Hasan's physical condition. The doctor said Hasan's paralysis won't have a significant impact during proceedings but that Hasan can only sit for four consecutive hours and has limitations writing
 
Jury selection is set to start Wednesday.

[MuffyBee]

Wouldn't it be difficult to be questioned in court by the one that shot you seven (2!) times?  And what kind of questions can Nidal Hasan ask someone he's shot seven times and not come across as personal nor discourteous?   

http://www.newstimes.com/news/texas/article/Fort-Hood-victim-upset-suspect-can-question-him-4570791.php
Fort Hood victim upset suspect can question him
June 3, 2013

FORT HOOD, Texas (AP) — A soldier shot seven times in the 2009 Fort Hood rampage says he's upset that the Army psychiatrist charged in the attack will represent himself at trial and get to question all the wounded soldiers.

Retired Staff Sgt. Alonzo Lunsford said Monday that he expects Maj. Nidal Hasan will try to intimidate the more than two dozen soldiers wounded that day.

But Lunsford says he believes the soldiers will win in what he called a battle of wits.

A military judge ruled earlier Monday that Hasan could represent himself at trial, but said he must follow all court rules, including being courteous to witnesses and not getting personal.
 

[MuffyBee]

http://www.kxan.com/dpp/news/texas/ft-hood-suspect-to-represent-self-at-trial
Fort Hood suspect to use 'defense of others' argument
June 3, 2013
FORT HOOD, Texas (AP) -- The U.S. Army psychiatrist charged in the deadly 2009 shooting rampage at a military base said Monday he'll represent himself at his upcoming murder trial with a "defense of others" argument, which requires him to show a threat was imminent.

Maj. Nidal Hasan's attorneys will remain on the case but only if he asks for their help, the judge said. Hasan, 42, faces the death penalty or life in prison without parole if convicted of 13 counts of premeditated murder and 32 counts of attempted premeditated murder.Maj. Nidal Hasan didn't elaborate when he announced his strategy, shortly after a military judge ruled that he was mentally competent to represent himself. But it was the first time he had hinted at his reasoning behind the attack that killed 13 people and wounded more than two dozen on Fort Hood in Texas.

Representing himself means Hasan will question the soldiers he's accused of wounding. He faces the death penalty or life without parole if convicted on 13 counts of premeditated murder and 32 counts of attempted premeditated murder.

Witnesses have said that on Nov. 5, 2009, a gunman wearing an Army combat uniform shouted "Allahu Akbar!" — "God is great!" in Arabic — and opened fire in a crowded medical building where deploying soldiers get vaccines and other tests. Witnesses said the gunman paused only to reload.

The government has said that Hasan, a U.S.-born Muslim, had sent more than a dozen emails starting in December 2008 to Anwar al-Awlaki, a radical U.S.-born Islamic cleric killed by a drone strike in Yemen in 2011. According to the emails released by the FBI, Hasan asked questions indicating he was already thinking about or planning the attack.
 
At a hearing in May, Hasan told the judge that he wanted to plead guilty. But Army rules prohibit a judge from accepting a guilty plea to charges that could result in a death sentence.

Hasan on Monday asked for a three-month delay to prepare his new defense. The judge said she would rule at a hearing Tuesday. It's unclear if jury selection will be held Wednesday as scheduled.


 

[MuffyBee]

http://www.kwtx.com/home/headlines/209909301.html
Judge Rules Hasan Can Represent Himself
June 3, 2013

FORT HOOD (May 3, 2013)--Maj. Nadal Hasan can represent himself in court, military judge Col. Tara Osborn ruled in a pretrial hearing Monday morning.

The ruling came after another Fort Hood doctor examined Hasan on Osborn’s order and on Monday he appeared in the hearing where he provided testimony.

Then Monday afternoon Hasan, acting as his own lawyer, verbally requested a new three-month continuance to allow him to prepare his “third party” defense.

“I cringe to ask for more time,” Hasan said in court, but then made his request.

Osborn denied the verbal motion and told Hasan he would have to file a formal motion Tuesday when the pre-trial hearing re-convenes.
 
Hasan told the judge if he is able to represent himself he wants one of his attorneys removed entirely but would allow the other two to remain on stand-by in the event he needed counsel.

All three attorneys will be on standby with two at the defense table and one to observe from the spectator galley.

The court also addressed other protocols involved in Hasan’s self-representation, including how he will cross-examine witnesses.

Osborn ordered that the Army provide Hasan with a computer and printer, to be set up in the defense offices in the courthouse, so Hasan can complete research into the trial.

Osborn told Hasan he had a lot of “homework” to do before the Tuesday hearing resumed, including his preparation of the formal motion for continuance, a list of questions he might ask prospective jury panel members and a request for another doctor’s examination before trial.

Also the judge said prosecutors have assembled a group of 52 prospective panel members, 18 of which were coming from outside the area.

Osborn said some of the panel members would arrive at Fort Hood today and the rest on Tuesday.

In April, 2010, Hasan was moved to the Bell County Jail after being released from Brooke Army Medical Center, San Antonio.

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

 

[MuffyBee]

http://www.statesman.com/ap/ap/crime/fort-hood-victims-upset-suspect-can-question-them/nYBGj/
Fort Hood suspect cites 'defense of others' plan
June 4, 2013

FORT HOOD, Texas — An Army psychiatrist charged with gunning down Fort Hood soldiers waiting to deploy to Afghanistan said Tuesday his defense would show that he was compelled to do so because the troops posed an imminent danger to Taliban fighters.
The military judge asked Maj. Nidal Hasan if he has evidence to support his "defense of others" strategy, hinting that it could be thrown out.
The "defense of others" defense requires him to prove the killings were necessary to protect others from immediate danger or death.
The court-martial had been scheduled to start with jury selection Wednesday, two days after Hasan was granted his request to represent himself. Hasan, an American-born Muslim, then requested a three-month delay to give him more time to prepare his defense.
The military judge, Col. Tara Osborn, was to rule Wednesday on Hasan's trial delay request. Osborn said jury selection would now start no earlier than Monday.

 

At a hearing Tuesday, Osborn asked what evidence he had to support his defense. He said Taliban leader Mullah Omar and "leadership of the Taliban in general" were in immediate danger from American troops on the Texas Army post, because "the U.S. has attacked and continued to attack the Taliban."
Osborn quickly interrupted Hasan, a day after telling him that he could not make speeches or try to testify when questioning witnesses.
Military law experts not involved in the case said they believe the judge won't allow Hasan to present that defense.
"A 'defense of others' strategy is not going to work when you're at war and the 'others' are enemies of the U.S.," said Jeff Addicott, director of the Center for Terrorism Law at St. Mary's University in San Antonio. "And what makes it more egregious is that he targeted medical personnel whose primary purpose was to heal, not to kill."
Retired Staff Sgt. Shawn Manning, shot six times that day, said five of the 13 killed at Fort Hood were in two units that had been training to help soldiers deal with stress. Deployed soldiers in those units are allowed to fire their weapons only in self-defense, Manning said. Hasan was to deploy to Afghanistan with one of those units.
"It makes me sick to my stomach" that Hasan is using such a defense strategy, Manning said.