Hasan Won't Plead Guilty, May Use Insanity Defense

[Warrior-Mentor]

Defense Attorney: Hasan Won't Plead Guilty, May Use Insanity Defense
Retired Col. John Galligan Says Accused Fort Hood Shooter Is Paralyzed From Chest Down and in Severe Pain
By MARK SCHONE
Nov. 22, 2009

The defense attorney for accused his client will probably plead not guilty and that an insanity defense is possible.
Share
Attorney says Hasan is lucid and won't plead guilty to charges of killing 13.

"I anticipate that the plea will be not guilty," said defense attorney John Galligan.

Asked if he was considering an insanity plea for his client, who faces 13 counts of premeditated murder, Galligan said, "I'm fairly confident that that's going to have to at least be examined. And that's problematic. But we haven't reached that stage yet."

Galligan said he has also learned that his client, who will be tried in a military court, may face additional charges for the Nov. 5 shooting spree in Fort Hood, Texas. He said he was alerted to the new charges during a pre-trial confinement hearing before a military magistrate held in Hasan's San Antonio hospital room Saturday.
Related
'Can't Wait': Hasan's E-Mail About Afterlife
WATCH: Maj. Hasan Sought Advice on Jihad
PHOTOS: Inside the Investigation into the Fort Hood Shootings

After the hearing at the Brooke Army Medical Center Saturday, Galligan said his client is paralyzed from the chest down and is a not a flight risk. The military magistrate ruled that Hasan will stay at Brooke Army Medical Center for now, but the military has the option of moving him to another medical facility or to jail.

According to Galligan, Hasan is paralyzed, is incontinent and "in severe pain."

"He is an individual in need of constant medical attention," Galligan said. "He has no sensation from his chest down."

Previously, Galligan had said Hasan was paralyzed from the waist down. Galligan questioned the speed with which the legal process is moving.

"In the 36 years I've dealt with military justice cases," Galligan said, "this is the first time I have ever had to go to an ICU to conduct a hearing. "We could have conducted this hearing next week. He is paralyzed. He is not going on leave."

Galligan, a retired Army colonel now in private practice, said the hearing lasted a little over an hour. According to Galligan, Hasan is coherent, "is able to speak with me, at least for short periods of time," and understands that legal proceedings are underway and such proceedings as the hearing will grow more frequent.

Galligan said he does not expect the Army to move his client from Brooke AMC immediately, but he does want to know when Hasan might be moved and where he might be moved. Hasan's official change in status from pre-trial restriction to pre-trial confinement, which was the subject of the Saturday hearing, also limits the number of people who can visit him.

"He is still a patient, but he is also a pretrial confinee," Galligan said. "There was not a compelling government interest to change his status at this time. "Given that condition, why is he anything but a patient?"
Related

Hasan was transferred to Brooke AMC Nov. 6, a day after the shooting. He was taken off a ventilator Nov. 7. The following day, when investigators tried to interview him, he refused to answer questions and requested a lawyer.

Galligan, whose private practice is in nearby Belton, Texas, met with Hasan for the first time Nov. 9. He has asked that his security clearance be reinstated so that he can review all the evidence against Hasan.

Galligan told "Good Morning America" that he is defending Hasan because he has spent "a large portion of my military career and post-retirement career" representing soldiers.

"I'm proud any time I have an opportunity to defend an American soldier or officer in a court martial proceeding," Galligan said. "Mayor Hasan is presumed innocent of these charges."

Military prosecutors plan to seek the death penalty.


http://www.abcnews.go.com/Blotter/defense-attorney-john-galligan-hasan-plead-guilty-insanity/story?id=9148871

[nmap]

Hasan is paralyzed, is incontinent and "in severe pain."

Sometimes, there is justice.

[rubberneck]

"He is an individual in need of constant medical attention," Galligan said.

Hopefully just enough medical attention to keep him alive (until his execution date) but not enough to address his physical pain.

[Pete]

Well, he is a Muslim.

SJS

[echoes]

According to Galligan, Hasan is paralyzed, is incontinent and "in severe pain."

"He is an individual in need of constant medical attention," Galligan said. "He has no sensation from his chest down."

Now knowing this, all that needs to be done is to find a small hole of a cell, in complete darkness, with no human contact possible. And stick this bastard in it.

Holly

[Retread]

According to Galligan, Hasan is paralyzed, is incontinent and "in severe pain."

Hopefully at least a small comfort to the victims' families. :mad:

[greenberetTFS]

Hopefully at least a small comfort to the victims' families. :mad:

Absolutely...............:mad::mad:

Big Teddy :munchin

[Red Flag 1]

Hasan is paralyzed, is incontinent and "in severe pain."

Sometimes, there is justice.

I feel for those having to deal with his incontinence; and any other contact.

Like to learn of his pain on a 1-10 scale. Then compare it with the pain created in those he killed and injured. He should be treated with Narcan or Naltrexone daily, to block any benefit from narcotic pain meds. Would I do that as a provider, no; nice thought anyway!

Among the dead, I believe, there was a 51 year old psychiatrist who signed on to help soldiers as best he could. Also murdered were two PA's; among the other soldiers.

May he live long and suffer, then go straight to hell!!!

My $.02.

RF 1

[Box]

..."as god wills it"

Sorry your shot at martyrdom failed major hassan


Galligan said. "Mayor Hasan is presumed innocent of these charges."
The man who made this statement is a disgrace to that thing most people know as good common sense.
Mr Galligan, you sir are an idiot... may your thirst for justice leave your throat scratchy and sore.

[armymom1228]

..."as god wills it"

Sorry your shot at martyrdom failed major hassan



The man who made this statement is a disgrace to that thing most people know as good common sense.
Mr Galligan, you sir are an idiot... may your thirst for justice leave your throat scratchy and sore.


The evidence is overwhelming that he did it, that he shouted Allah akhbar! before he did it. God is indeed great, Allah is indeed merciful. Allah allowed him to live, to be a para and to go on trial for his crime. Personally, I think he should be stoned to death by the families and soldiers he chose to harm. Will that happen, doubtful. We don't do such things in this country. But I sure as heck can fantisize about it.

Thank you to the lady cop who shot, but did not kill this sick f**k. I am thrilled to know he lives, thrilled to know he will be tried by the Army, not some PC civilian court.

I also think that everyone of those people who came forward to say they saw this about to happen but were to afraid of not being PC to open thier mouths, should be tried as accomplices. They are just as guilty as he is in my book.

yep, the dude is insane for sure. :mad:

AM

[Dozer523]

..."as god wills it"
Galligan said. "Mayor Hasan is presumed innocent of these charges."
The man who made this statement is a disgrace to that thing most people know as good common sense.
Mr Galligan, you sir are an idiot... may your thirst for justice leave your throat scratchy and sore. Get a grip. This is the American form of Justice. EVERYONE is presumed innocent until the jury comes back with a unanimous guilty verdict (in a capital murder case). Colonel (ret) Galligan is an experienced military defense attorney. He's doin' his f'ing job. I want Major Hasan to have the best possible representation, the most respected judge, an unimpeachable jury, maybe even televised. Good luck to him. And I hope, expect he will be convicted and sentenced to death. And I hope before sentence is carried out he comes to the realization of what a terrible thing he did and embraces a sense of shame and regret -- to the point that he finds execution a release.
But that is just me.
http://www.npr.org/blogs/thetwo-way/2009/11/hasan_fort_hood_attorney_galli.html
http://www.washingtonpost.com/wp-dyn/content/article/2009/11/10/AR2009111018758.html

[Snaquebite]

I agree with Dozier, however I will say this... The "GITMO 5" have all changed their pleas to "Not guilty". I believe the true purpose and intent is to be able to explore the "system" and try to make public everything they can. They will also grandstand about everything that is wrong in America and attempt to drag this out as long as they can. By doing this they will "recruit" more "true believers" to support their cause. IMHO Hasan will do the same.

[Pete]

[QUOTE=Dozer523;297879]....... EVERYONE is presumed innocent until the jury comes back with a unanimous guilty verdict (in a capital murder case). ....../QUOTE]

The perp is only presumed innocent in court. There is no requirement for the general public to presume them innocent.

To the soldiers that saw him do it there is no "presumed" about it. He did it.

But like you said it's up to his defense team to get him off - even if it destroys a few military careers in the process.

[Sten]

By doing this they will "recruit" more "true believers" to support their cause. IMHO Hasan will do the same.

I do wonder how many true believers are sitting on the sidelines waiting for a court case to get in the game.

[The Reaper]

Get a grip. This is the American form of Justice. EVERYONE is presumed innocent until the jury comes back with a unanimous guilty verdict (in a capital murder case). Colonel (ret) Galligan is an experienced military defense attorney. He's doin' his f'ing job. I want Major Hasan to have the best possible representation, the most respected judge, an unimpeachable jury, maybe even televised. Good luck to him. And I hope, expect he will be convicted and sentenced to death. And I hope before sentence is carried out he comes to the realization of what a terrible thing he did and embraces a sense of shame and regret -- to the point that he finds execution a release.
But that is just me.
http://www.npr.org/blogs/thetwo-way/2009/11/hasan_fort_hood_attorney_galli.html
http://www.washingtonpost.com/wp-dyn/content/article/2009/11/10/AR2009111018758.html

Let's review the evidence.

Unimpeachable witnesses presnt at the crime. Check.
Weapons used (in his name). Check.
Ballistics testing of bullets from the victims, matching the gun in his hand when he fell. Check.
13 dead soldiers, killed by this POS, and another 30 or so wounded. Check.
Shouting Allahu Akbar as he opened fire. Check.
Shot by LEOs, at the scene of the crime, while he was in the act of killing fellow soldiers. Check.

Who do you think did it, his evil twin, or the Easter bunny?

If you are observed by multiple witnesses, who know you personally, while you are committing a crime, with motive, means, and opportunity, and a smoking gun in your hands, you are not "alleged" anything. You are the perpetrator. You may be judged not guilty by a judge or a jury for a number of reasons. That does not mean you are innocent, or did not commit the crime.

I do not think that you are entitled to equal or better representation than the government, by some grandstanding shyster.

Since there is no way to bring back our dead, or to make the injured completely whole again, as a bad person, I want the most painful, medieval sentence handed down that is possible to get approved, and I want him to suffer in agony, for as long as possible, to punish him and to serve as an example to anyone else who would contemplate the betrayal of their brothers and sisters like this. Were it in my power, I would make this POS suffer horribly for as long as possible, and ensure that he died in a manner that would prohibit his transition to the afterlife as prescribed by his religion.

Since we cannot do that under our system, I will settle for seeing him tried and sentenced to suffer with his injuries until an unfortunately merciful military appointed executioner sends him to his eternal rewards. Alternately, should he not get a well-deserved death sentence, I hope that he spends a long time suffering in the USDB with sadistic guards who deprive him of his pain medication and ensure that every second of every minute of his remaining life is as miserable as possible, while he lies in his own waste crying out that Allah has abandoned his ass to the infidels. When he dies after a long painful miserable existence, he needs to be cremated and his remains fed to the hogs at the USDB farm.

But that is just my .02.

TR

[Snaquebite]

Let's review the evidence.

Unimpeachable witnesses presnt at the crime. Check.
Weapons (in his name). Check.
Ballistics testing of bullets from the victims, matching the gun in his hand when he fell. Check.
13 dead soldiers, killed by this POS, and another 30 or so wounded. Check.
Shouting Allahu Akbar as he opened fire. Check.
Shot by LEOs, at the scene of the crime, while he was in the act of killing fellow soldiers. Check.

Who do you think did it, his evil twin, or the Easter bunny?

If you are observed by multiple witnesses, who know you personally, while you are committing a crime, with motive, means, and opportunity, and a smoking gun in your hands, you are not "alleged" anything. You are the perpetrator. You may be judged not guilty by a judge or a jury for a number of reasons. That does not mean you are innocent, or did not commit the crime.

I do not think that you are entitled to equal or better representation than the government, by some grandstanding shyster.

Since there is no way to bring back our dead, or to make the injured completely whole again, as a bad person, I want the most painful, medieval sentence handed down that is possible to get approved, and I want him to suffer in agony, for as long as possible, to punish him and to serve as an example to anyone else who would contemplate the betrayal of their brothers and sisters like this. Were it in my power, I would make this POS suffer horribly for as long as possible, and ensure that he died in a manner that would prohibit his transition to the afterlife as prescribed by his religion.

Since we cannot do that under our system, I will settle for seeing himtried and sentenced to suffer with his injuries until an unfortunately merciful military appointed executioner sends him to his eternal rewards. Alternately, should he not get a well-deserved death sentence, I hope that he spends a long time suffering in the USDB with sadistic guards who deprive him of his pain medication and ensure that every second of every minute of his remaining life is as miserable as possible, while he lies in his own waste crying out that Allah has abandoned his ass to the infidels. When he dies after a long painful miserable existence, he needs to be cremated and his remains fed to the hogs at the USDB farm.

But that is just my .02.

TR

TR,

I really do not think that anyone is arquing about whether Hasan did id or not. It's more along the line of how it should be handled. Personally I do not think it should leave military channels, but under this administration, I wouldn't be surprised if somehow that changed. Yes give him the representation, don't make stupid mistakes, then shoot that MFer.

My point is that we are giving them exactly what they want when they don't die when honoring their maker. The worst thaing that can happen when an inncident like this occurs is that the SOB lives through it.

[Five-O]

hasan is a f*%$%#@ coward...pleading insanity. :rolleyes:
Stand up dude for what you did; are you a true believer or not??...or just another piece of shit muslim extremist who gets off killing defensless people. Plead your case that this was allah's will.... you f-tard--you have a decent chance of a not guilty verdict.

[Dozer523]

Who do you think did it, his evil twin, or the Easter bunny?
I do not think that you are entitled to equal or better representation than the government, by some grandstanding shyster.
TR No, on a personal level I'm 110% positive Hasan did it.
But I believe that Justice exsists and that our system ensures it. Our system demands a fair trail and to do that requires a competent attorney. As for what kind of representation he is entitled to he's entitlerd to some. And it is reported Col Galligan was NOT at the government's expense "John P. Galligan told ABC News that he has been retained by the family of Major Nidal Malik Hasan" (I guess Foghorn Leghorn was unavailable). If expecting our judical system to work and hoping that other Americans will allow it to work makes me as asshole well then . . .

[Gypsy]

So he's going to puss out and use the insanity defense. Good to know his personal convictions about us infidels are now as worthless as he is.

[Box]

I believe in justice...
...but a statement like 'presumed innocent' forces me to stand by my statement

Galligan is a grandstanding jackass.

Who exactly 'presumes' that he is "innocent" ?

I dont need a grip... I have a pretty good grasp on what right looks like.

[greenberetTFS]

No, on a personal level I'm 110% positive Hasan did it.
But I believe that Justice exsists and that our system ensures it. Our system demands a fair trail and to do that requires a competent attorney. As for what kind of representation he is entitled to he's entitlerd to some. And it is reported Col Galligan was NOT at the government's expense "John P. Galligan told ABC News that he has been retained by the family of Major Nidal Malik Hasan" (I guess Foghorn Leghorn was unavailable). If expecting our judical system to work and hoping that other Americans will allow it to work makes me as asshole well then . . .

Dozer,

Your point is very well taken,so I guess I'm an asshole too...................:(

Big Teddy :munchin

[Retread]

I then I suppose this begs the question:

When they hang him, are they going to suspend his wheelchair over a trapdoor?

Or will they just roll it off of a loading ramp?

Either way, I would gladly give a stripe to be the guy kicking his chair. :mad:

[orion5]

Galligan said, "this is the first time I have ever had to go to an ICU to conduct a hearing. We could have conducted this hearing next week. He is paralyzed. He is not going on leave."


Not to sidetrack this conversation, but I am stuck on the above: "He is not going on leave."

What does this mean? Is this buttplug still pulling down a paycheck until 'proven guilty'? Please tell me no.

[Retread]

It is my understanding that yes, he will be getting paid as a Major until sentencing. Beyond that, I don't know. I know that Marines we sent to the brig were reduced to private on conviction, and I believe they were paid, but am uncertain.

However, I think the point his attorney was making was that he will not be going to his home of record, let alone the fact that he needs medical attention and can't walk, and therefore would not be a flight risk.

I should also mention that the above Marines were not incarcerated past their contractual obligations, and the ones that didn't get dishonorables or BCDs, were required to extend their contracts to cover the time spent in the brig.

[Warrior-Mentor]

Not to sidetrack this conversation, but I am stuck on the above: "He is not going on leave."

What does this mean? Is this buttplug still pulling down a paycheck until 'proven guilty'? Please tell me no.

YES. And NOTHING can stop him from sending more money to Pakistani "charities"

[READ ZAKAT - which, by islamic LAW, supports terror finance].

Nothing except lawyer's bills that is...but his defender probably signed up pro bono.

[Warrior-Mentor]

I agree with Dozier, however I will say this... The "GITMO 5" have all changed their pleas to "Not guilty". I believe the true purpose and intent is to be able to explore the "system" and try to make public everything they can. They will also grandstand about everything that is wrong in America and attempt to drag this out as long as they can. By doing this they will "recruit" more "true believers" to support their cause. IMHO Hasan will do the same.

We need to HAMMER THEIR BRAVERY on this. I thought they wanted to die in support of the cause? Now they want to weasel out of the very death sentence they purportedly want?

[Mitch]

It is my understanding that yes, he will be getting paid as a Major until sentencing. Beyond that, I don't know. I.

I visited a friend once who was a JAG Warrant at Levenworth. He handled cases for the prisoners incarcerated there. In our conversation, he mentioned that commissioned officers who were convicted of crimes and reduced to E1, actually could spend years, retaining their officer rank - and I presuem the pay (although that didn't come up). He said that as long as they continue thier appeals on and on, they would live in a "BOQ" style quaqrters within the prison and were permited to maintain thier uniforms and continue to be called, by their original rank. But once the appeals are ended - all that goes away.

This was back in 82 or 83 - don't know if anything has changed since then or not. I actually visited him in his office that was just outside the walls of he old prison fortress (which was active back then too).

[Animal8526]

The part of me that values the American justice system wants all of this to be done by the book.

The human portion of me thinks we should make an exception on the "no cruel or unusual punishment" thing and force feed bacon to this fucker until his stomach explodes, then grind him up for pig slop.

I'd like to televise the whole damn thing too.

I feel inclined to mention that there is a time and a place for vigilante justice. Namely, when the "justice system" is unequivocally unable to administer actual justice, by merit of it's own construction. I mean really... Can anyone tell me that there is anything within the UCMJ or civilian justice system that will provide an appropriately harsh sentence to this shitbag?

[The Reaper]

I visited a friend once who was a JAG Warrant at Levenworth. He handled cases for the prisoners incarcerated there. In our conversation, he mentioned that commissioned officers who were convicted of crimes and reduced to E1, actually could spend years, retaining their officer rank - and I presuem the pay (although that didn't come up). He said that as long as they continue thier appeals on and on, they would live in a "BOQ" style quaqrters within the prison and were permited to maintain thier uniforms and continue to be called, by their original rank. But once the appeals are ended - all that goes away.

This was back in 82 or 83 - don't know if anything has changed since then or not. I actually visited him in his office that was just outside the walls of he old prison fortress (which was active back then too).


He will draw his pay and allowances until he is convicted.

IIRC, officers in the DB should lose their pay, if the court martial so directs. They have to resign their commission, unless Congress revokes/rescinds it. They were housed in regular cells, AFAIK. If they choose not to resign their commissions, they cannot be sent out on work details and spend the majority of their time every day in their cells. I knew a LTC there who would not resign and who was doing hard time for TDY fraud. Again, things may have changed.

TR