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Author Topic: Shooting at Ft. Hood Texas 11/05/09 13 dead, 43 wounded-(Murder Charges)  (Read 595416 times)
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MuffyBee
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« Reply #1640 on: August 19, 2013, 03:50:55 PM »

http://abcnews.go.com/US/fort-hood-judge-bans-evidence-shooters-jihadi-motives/story?id=20002383
Fort Hood Judge Bans Evidence of Shooter's 'Jihadi' Motives
August 19, 2013


This undated photo provided by the Bell County Sheriff's Department shows Nidal Hasan, who is charged in the 2009 shooting rampage at Fort Hood that left 13 dead and more than 30 others wounded. Bell County Sheriff's Dept./AP Photo

Lawyers representing the family members of those killed and injured in the Ft. Hood shooting rampage were outraged today when an Army judge limited prosecutors from introducing evidence, including emails to a known Al Qaeda operative, that would establish accused shooter Maj. Nidal Hasan's "jihadi" motives.

The judge's rulings could inhibit the ability of the victims' families to claim in a civil suit that the shootings were an act of terror. Federal lawyers involved in the civil suit claim that the people shot during Hasan's murderous rage were victims of workplace violence, a designation that could sharply limit the damages in a civil suit.

"This is first degree mass murder case and motive is absolutely relevant to prove premeditation," said Neal Sher, a lawyer representing many of the victims and their family members in a separate civil suit against the government.

Prosecutors have sought to portray Hasan as a Muslim extremist, motivated by Islamist ideology and in touch with known al Qaeda member Anwar Alwaki.

"He didn't want to deploy and he came to believe he had a jihad duty to murder soldiers," lead prosecutor Col. Steve Henricks said in his opening statements. He wanted to "kill as many soldiers as he could."

The judge, Col. Tara Osborn, ruled today that prosecutors could not mention Hasan's correspondence with Alwaki, an American born al Qaeda recruiter and organizer. Osborn also barred prosecutors from mentioning Hassan's interest in seeking conscientious objector status and drawing parallels to a 2003 incident in which another Muslim American soldier attacked U.S. troops in Kuwait, according to the Associated Press.

The judge found much of that evidence was too old, but permitted prosecutors to introduce evidence about Hasan's internet usage and search history from the time of the attack.

Many of the victims and their family members have filed a civil suit against the government, arguing that the attack should be classified as a terrorist attack, allowing victims to receive combat medals, like the Purple Heart, and receive better benefits.

The government maintains that the attack was an incidence of "workplace violence."

"The government is talking from both sides of its mouth," Sher said to describe the Pentagon's decision on the one hand to deny that the attack was an act of terror, while having prosecutors argue that Hasan was motivated by "jihad," or Muslim holy war.

"Our view is pretty basic: It's obvious that the government knew he had jihadist leanings years before the attack," Sher said.

Hasan, who is representing himself, previously called himself a "mujahedeen" or Muslim holy warrior and said he had switched sides in the war between the U.S. and Islamic terrorism.

Prosecutors said on Friday they would soon be wrapping their case against Hasan, which means he may begin his defense as early as Tuesday.
 
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« Reply #1641 on: August 19, 2013, 04:09:12 PM »

August 19, 2013 Tweets
https://twitter.com/KDHCrime

Philip Jankowski ‏@KDHcrime 2h
Firearms expert said he believes all recovered bullets and bullet fragments from #FtHood shooting victims were from #Hasan's handgun

 Philip Jankowski ‏@KDHcrime 2h
We're recessed for lunch. #Hasan apparently has a routine doctor's appointment today. #FtHood

 Philip Jankowski ‏@KDHcrime 2h
Here's the latest from accused #FtHood shooter Nidal #Hasan's court-martial. http://kdhnews.com/military/hasan_trial/judge-rules-out-evidence-of-early-extremism-in-hasan-case/article_3deaa1e4-08e1-11e3-b23b-001a4bcf6878.html

 


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« Reply #1642 on: August 19, 2013, 04:11:23 PM »



August 19, 2013 Tweets
https://twitter.com/RachelCoxKWTX

Rachel Cox ‏@RachelCoxKWTX 10m
#hasantrial judge orders bailiff to handle weapons in ctroom after pros. attny flashes laser from pistol on wall
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« Reply #1643 on: August 19, 2013, 04:13:29 PM »

August 19, 2013 Tweets
https://twitter.com/KCENSophia

KCENsophia ‏@KCENsophia 15m
Investigator testifies ammo and receipts for batteries that match laser sights found in #Hasan 's vehicle after attack @KCENNews

 KCENsophia ‏@KCENsophia 16m
Investigator matches receipts for batteries found in #Hasan 's vehicle to batteries inside laser sights on gun @KCENNews
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« Reply #1644 on: August 19, 2013, 05:40:04 PM »

August 19, 2013 Tweets
https://twitter.com/RachelCoxKWTX

Rachel Cox ‏@RachelCoxKWTX 36m
#hasan questions witness, asks if he saw him continue to fire on Ofc Munley when she was disarmed, says yes
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« Reply #1645 on: August 19, 2013, 05:42:42 PM »

August 19, 2013 Tweets
https://twitter.com/KCENSophia

KCENsophia ‏@KCENsophia 4m
#Hasan questions a witness for just the 2nd time in entire trial. The soldier was shot at and witnessed final gunfight with police @KCENNews

 KCENsophia ‏@KCENsophia 6m
2 hours before #forthoodshootings a call to Jihad was accessed on #Hasan 's laptop, 10 web searches for Taliban in 5 days @KCENNews
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« Reply #1646 on: August 19, 2013, 05:47:30 PM »

August 19, 2013 Tweets
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KCENsophia ‏@KCENsophia 3m
Eye witness"they were dressed in blood &they just kept screaming somebody is shooting" when he saw soldiers running from SRP site @KCENNews
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« Reply #1647 on: August 19, 2013, 06:10:55 PM »

Murdering, lying youknowwhat.  JMHO of course.

August 19, 2013 Tweets
https://twitter.com/RachelCoxKWTX

Rachel Cox ‏@RachelCoxKWTX 1m
Witness wearing his cap, gown asked #hasan what was happening he said it was training exercise

 Rachel Cox ‏@RachelCoxKWTX 2m
witness says she saw gunman peering in window of bldg where she was graduating #hasantrial
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« Reply #1648 on: August 19, 2013, 06:12:13 PM »

August 19, 2013 Tweets
https://twitter.com/KenKalthoffNBC5

Ken Kalthoff ‏@KenKalthoffNBC5 14m
Nidal Hasan challenges an accuser for the first time in his #forthood mass shooting trial. Live at 5 & 6 on NBC5. @NBCDFW
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« Reply #1649 on: August 19, 2013, 06:44:47 PM »

http://www.nbcdfw.com/news/local/Hasan-Breaks-Silence-Questions-Witness-in-Fort-Hood-Trial-220263241.html
Hasan Breaks Silence, Questions Witness in Fort Hood Trial
Monday, Aug 19, 2013  |  Updated 5:00 PM CDT

 
Maj. Nadal Hasan, who is representing himself, cross-examined Staff Sgt. Juan Alvarado on Monday.

Alvarado says he saw a gunfight between Hasan and Kimberly Munley, a Fort Hood police officer who responded to the shootings at the Texas military base.

Alvarado says Hasan tried to shoot Munley after she'd been shot and disarmed.

Hasan asked Alvarado: "I don't want to put words in your mouth, (but) are you saying that after it was clear that she was disarmed, I continued to fire at her?"

Alvarado said that was correct.
 
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« Reply #1650 on: August 20, 2013, 09:09:29 AM »


"Fun fact"?  Really?  I hope this is sarcasm, 'cause I find nothing fun.  It's been difficult slogging through this.  JMHO   

August 20, 2013
https://twitter.com/KDHCrime

Philip Jankowski ‏@KDHcrime 41m
Fun fact of the day: Before the beard issue, Maj. Nidal #Hasan's court-martial was scheduled to begin one year ago today. #FortHood

 Philip Jankowski ‏@KDHcrime 47m
The prosecution may rest today in Nidal #Hasan's trial. http://kdhnews.com/military/hasan_trial/prosecution-may-rest-case-today-in-hasan-trial/article_3deaa1e4-08e1-11e3-b23b-001a4bcf6878.html

 Philip Jankowski ‏@KDHcrime 49m
Good morning from the Great Place! Back on post for day 11 of accused #FortHood shooter Nidal #Hasan's court-martial. Coffee is good
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« Reply #1651 on: August 20, 2013, 09:11:38 AM »

August 20, 2013 Tweets
https://twitter.com/nomaanmerchant

Fort Hood Shootings ‏@FtHoodShootings 47m
Getting ready for Day 11 of #Hasan court-martial. Prosecution w/ less than 10 witnesses to go, could rest today.
 Retweeted by Nomaan Merchant
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« Reply #1652 on: August 20, 2013, 09:17:00 AM »

August 20, 2013 Tweets
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KCENsophia ‏@KCENsophia 8m
#Hasan could take the stand today in his own defense, the govt has only about 7 more witnesses before it rests its case @KCENNews
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« Reply #1653 on: August 20, 2013, 09:31:18 AM »

http://www.kvue.com/news/state/Suspect-in-Fort-Hood-shootings-waits-turn-in-court--220336641.html
Suspect in Fort Hood shootings waits turn in court
August 20, 2013


Credit: AP
FILE- In this Aug. 6, 2013, file courtroom sketch, Maj. Nidal Malik Hasan sits in court for his court-martial in Fort Hood, Texas. The prosecutors pursuing the death penalty against the Army psychiatrist accused in the 2009 Fort Hood shooting rampage will soon begin trying to answer a difficult but key question_ determining why Hasan attacked his fellow soldiers in the worst mass shooting ever on a U.S. military base. (AP Photo/Brigitte Woosley, File)


 
With military prosecutors set to rest their case as soon as Tuesday, the Army psychiatrist, who is acting as his own attorney, will be allowed to put on a defense.
But Hasan has kept mostly silent for two weeks as military prosecutors called more than 80 witnesses to testify about the attack on the Texas Army post, making whether he will take the witness stand in his own defense a key question for the remaining proceedings.
Hasan, an American-born Muslim, began the trial by telling jurors that he was the gunman, and he has leaked documents during the trial seeking to justify the shootings as a defense of this faith.
John Galligan, Hasan's former criminal lawyer who continues to assist Hasan, does not see an upside in testifying.
"Like anybody, he'll be cross-examined," Galligan said. "He's already admitted he's the shooter. I would expect prosecution would take him through all the evidence trying to show evidence of premeditation."

Hasan has remained largely muted throughout the trial, cross-examining just three witnesses and raising few objections. His court-ordered, standby attorneys believe Hasan, 42, is deliberately trying to get a death sentence.
Eugene Fidell, a former judge advocate who teaches military law at Yale Law School, said he doesn't believe Hasan will spend much time on a defense before handing the case to the jury.
Fidell, who has been following the case, said Hasan's behavior suggests he has no interest in actually presenting a case. Hasan signaled before the trial began that he would call just two witnesses, but there were indications Monday that he now might call only one person to testify.
Fidell believes Hasan is waiting to speak until the sentencing phase.
"His moment of the limelight is going to be on sentencing, and then he'll be able to give a speech," Fidell said. "That's going to be his opportunity."

But if Monday is any indication, Hasan might be ready to talk.
In a rare move, Hasan began this week by challenging the government's definition of "jihad" and - for the first time since the day that testimony began - questioned a witness.
Military prosecutors have said they will show that Hasan felt he had a "jihad duty," referring to an Arabic term for a religious war or Islamic struggle.
Hasan briefly cross-examined Staff Sgt. Juan Alvarado, who saw a gunfight between Hasan and Kimberly Munley, one of the Fort Hood police officers who responded to the shootings. Alvarado said Hasan tried to shoot Munley after she had been shot and disarmed.
"Are you saying - and I don't want to put words in your mouth - are you saying that after it was clear that she was disarmed, I continued to fire at her?" Hasan asked.
Alvarado said that was correct.
Earlier Monday, Hasan asked that the definition of "jihad" be adjusted. Prosecutors didn't object, and jurors were told: "under Islam, the central doctrine that calls on believers to combat enemies of the religious belief."
Also Monday the judge again urged Hasan to allow trained attorneys to take over, but he again declined.
Retired Sgt. Howard Ray, who was in the building next door when the shooting began inside a medical center, said he wasn't particularly interested in hearing Hasan's defense.
Ray is among dozens of survivors and relatives of the dead soldiers who are suing the government over the shooting.
"I really don't care to see what he has to say. Basically he's going to say, `I did it for Allah,' and let his people get the pom-poms out and cheer him on for saying that," said Ray, who said he was awarded a commendation for bravery for steering soldiers and civilians from danger during the rampage. "I don't care what he has to say because it's already been said."
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« Reply #1654 on: August 20, 2013, 09:40:24 AM »

August 20, 2013 Tweets
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Philip Jankowski ‏@KDHcrime 26m
New York Times has the scoop today, reporting on emails Nidal #Hasan wrote to supervisors in the weeks leading up to the #FortHood shooting.
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« Reply #1655 on: August 20, 2013, 09:41:36 AM »

August 20, 2013 Tweets
https://twitter.com/RachelCoxKWTX

Rachel Cox ‏@RachelCoxKWTX 5m
prosecution to discuss use of Ofc. Todd's previous testimony today in #hasantrial

 Rachel Cox ‏@RachelCoxKWTX 6m
Prosecution could rest today in #hasantrial, #hasan will argue his own defense
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« Reply #1656 on: August 20, 2013, 09:43:29 AM »

August 20, 2013 Tweets
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Jason Whitely ‏@JasonWhitely 13m
.@USArmy prosecutors are presenting their last 7 witnesses today in Maj. Nidal #Hasan’s court-martial before he stages his own defense.
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« Reply #1657 on: August 20, 2013, 09:51:26 AM »

http://www.nytimes.com/2013/08/21/us/fort-hood-gunman-nidal-malik-hasan.html?_r=0
Fort Hood Gunman E-Mailed Supervisors Over Concerns
By MANNY FERNANDEZ
Published: August 20, 2013

KILLEEN, Tex. — Days before he opened fire inside a medical processing building at Fort Hood here in 2009, Maj. Nidal Malik Hasan sent two e-mails to his Army superiors expressing concern about the actions of some of the soldiers he was evaluating as a military psychiatrist.
In the e-mails, one sent 13 days before the attack and the second three days prior, Major Hasan asked his supervisors and Army legal advisers how to handle three cases that disturbed him. In one case, a soldier reported to him that American troops had poured 50 gallons of fuel into the Iraqi water supply as revenge; the second case involved another soldier who told him about a mercy killing of a severely injured insurgent by medics; and in the third, a soldier spoke of killing an Iraqi woman because he was following orders to shoot anything that approached a specific site.

The Army never fully investigated his concerns. On Nov. 5, 2009, Major Hasan walked into a medical deployment center to kill as many soldiers as he could as part of a jihad to protect Muslims and Taliban leaders from troops heading to Afghanistan, he has said.

“I think I need a lot of reassurance for the first few times I come across these,” Major Hasan wrote on the morning of Nov. 2 about the three cases that had troubled him. Below his e-mail signature, he included a quote from the Koran – “All praises and thanks go to Allah, the Cherisher and Sustainer of all the worlds.”

The e-mails were released to The New York Times at Major Hasan’s request through his civilian lawyer, John P. Galligan. They were among several missed opportunities for the Army to investigate Major Hasan’s troubled state of mind and bizarre behavior. Earlier, Major Hasan had publicly embraced violent Islamic extremism and justified suicide bombings and the Sept. 11, 2001, terrorist attacks.

In 2007, when Major Hasan was a resident in the psychiatric program at Walter Reed Army Medical Center in Washington, the academic presentation he made that was required for graduation – known as his grand rounds presentation – stated that a risk of having Muslim Americans in the military was the possibility that they would murder their fellow troops.

He had also asked a supervisor at Walter Reed whether he qualified for conscientious objector status, told classmates during a fellowship that his religion took precedence over the Constitution and in an academic paper defended Osama bin Laden.

Major Hasan’s radical beliefs and his correspondence with his Army superiors have played a limited role in his military trial, now in its third week at Fort Hood.

Prosecutors did want to use several pieces of evidence that showed his ideology, including his grand rounds presentation and the e-mails he exchanged with Anwar al-Awlaki, a militant American-born cleric in Yemen who encouraged a number of terrorist plots.

But on Monday the judge prohibited them from presenting that evidence to the jury. The judge, Col. Tara A. Osborn, said in her ruling that much of the “motive evidence” was too removed in time, open to multiple interpretations and might unfairly prejudice Major Hasan through guilt by association in the eyes of the jury, which is made up of 13 senior Army officers.

Prosecutors were allowed to call an expert from the Federal Bureau of Investigation who testified that the user of Major Hasan’s laptop conducted jihad-related and Taliban-related Internet searches in the days and hours before the attack.
More...
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« Reply #1658 on: August 20, 2013, 11:29:26 AM »

August 20, 2013 Tweets
https://twitter.com/RachelCoxKWTX

Rachel Cox ‏@RachelCoxKWTX 19m
Photographer took pic of #hasan on ground--shot, after he told him the weapon was a paintball gun and it was training

 Rachel Cox ‏@RachelCoxKWTX 20m
"The indiv. I had seen checking doors was lying on the ground & had been shot several times" photographer Steven Bennett

 Rachel Cox ‏@RachelCoxKWTX 22m
Prosecution shows 6 pictures photographer took at scene, some had #hasan in the shot

 Rachel Cox ‏@RachelCoxKWTX 23m
Photographer shooting graduation nxt door takes stand, he took pictures of #hasan near shooting scene
Expand
 The Associated Press ‏@AP 1h
MORE: US military judge deliberating Army Pfc. Bradley Manning's sentence: http://apne.ws/1d2t9T6  -CJ
 Retweeted by Rachel Cox
 View summary
 Rachel Cox ‏@RachelCoxKWTX 1h
Prosecution could wrap up by 1, judge will then give #hasan instructions on his defense
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« Reply #1659 on: August 20, 2013, 11:31:50 AM »

August 20, 2013 Tweets
https://twitter.com/KDHCrime

Philip Jankowski ‏@KDHcrime 39m
Bennett: "I thought I better get some photographs in case they need it for something later." He was right. #Hasan #FortHood

 Philip Jankowski ‏@KDHcrime 39m
Bennett encountered #Hasan, saw a weapon. Hasan told him it was a paint ball gun and this was a training exercise.

 Philip Jankowski ‏@KDHcrime 39m
#Hasan was "frantic," yanking on doors.

 Philip Jankowski ‏@KDHcrime 39m
#Hasan's actions "seemed unnatural" for a scene where several soldiers were running from the SRP, Bennett testifies

 Philip Jankowski ‏@KDHcrime 40m
Bennett heard shooting, "a lot of chaos," and began shooting photographs. #FortHood #Hasan

 Philip Jankowski ‏@KDHcrime 40m
Witness one is Copperas Cove resident Stephen Bennett, who photographed Nidal #Hasan during the shooting.

 Philip Jankowski ‏@KDHcrime 40m
Prosecution has 5 more witnesses to call. Then they're done. #FortHood #Hasan

 Philip Jankowski ‏@KDHcrime 42m
Prosecutors will rest their case today against accused #FortHood shooter Nodal #Hasan

 Philip Jankowski ‏@KDHcrime 1h
Morning blog on today's hearing for accused #FortHood shooter Nidal #Hasan posted. http://kdhnews.com/blogs/case_files/morning-report-aug/article_fa660050-0992-11e3-a767-001a4bcf6878.html

 Philip Jankowski ‏@KDHcrime 1h
Direct link to emails accused #FortHood shooter Nidal #Hasan wrote in days leading up to rampage: http://www.nytimes.com/interactive/2013/08/21/us/21hasan-emails-document.html?ref=us&_r=0 )
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