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Ft. Hood Defendant To Make First Court Appearance

If convicted, Hasan could be sentenced to death only if the military jurors determine there is an aggravating factor, according to military law. Last month, prosecutors sent a notice to Galligan listing one aggravating factor in the case: that more than one person was killed in the same incident.

Concur with the prosecutors.

Richard's $.02 :munchin

Quote:

Ft. Hood Defendant To Make First Court Appearance
USAToday, 1 June 2010

The Army psychiatrist accused of opening fire at Fort Hood, killing 13 and wounding dozens more, was to make his first military courtroom appearance Tuesday as his attorney seeks to delay the case.
Neither Maj. Nidal Hasan nor any witnesses were expected to speak during the hearing, at which military prosecutors and defense attorneys planned to discuss case preparations and other basic matters.

Defense attorney John Galligan said he would seek to delay Hasan's Article 32 hearing, which is similar to a civilian grand jury proceeding in which a judge hears witness testimony to determine whether the case should go to trial. No date has been set, but authorities have said the could be held as early as July 1.

Galligan said the Article 32 hearing should not proceed before Oct. 1 because he still needs key documents, including some of Hasan's military records, FBI files on Hasan's alleged contact with a radical Islamic cleric in Yemen months before the shooting, and some government reviews of the shooting rampage.

Hasan also is awaiting a mental evaluation, which is to be conducted sometime after the Article 32 hearing. A panel of doctors will determine whether Hasan had a severe mental illness at the time of the shooting. If so, the doctors will offer a clinical psychological diagnosis and determine whether it prevented Hasan from knowing his alleged actions were wrong at the time, and if he is competent to stand trial, according to military law.

Prosecutors have not announced if they will seek the death penalty against Hasan, who faces 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the worst mass shooting on a U.S. military post.

If convicted, Hasan could be sentenced to death only if the military jurors determine there is an aggravating factor, according to military law. Last month, prosecutors sent a notice to Galligan listing one aggravating factor in the case: that more than one person was killed in the same incident.

Experts have said prosecutors would not send such a notice unless they planned to seek the death penalty.

While Tuesday's hearing is the second for Hasan, it is the first time he will appear in a Fort Hood courtroom. His initial hearing — two weeks after the Nov. 5 shootings — was held in his hospital room at San Antonio's Brooke Army Medical Center. He was paralyzed from the chest down after being wounded that day by military police officers.

Hasan was treated at the San Antonio facility until his April transfer to the Bell County Jail, which houses military suspects for nearby Fort Hood. The military justice system does not have bail for defendants.

Bell County Sheriff Dan Smith has said Hasan would be isolated from other inmates while housed in a 12-by-15-foot cell in the jail infirmary, which he said was well-equipped to handle Hasan's medical needs.

http://www.usatoday.com/news/nation/...hooModule_News

In THIS specific instance, with THIS specific defendant, which would actually be tougher punishment: a) death sentence; or b) life without parole?

We've waited long enough

Quote:

Originally Posted by craigepo (Post 333504)

In THIS specific instance, with THIS specific defendant, which would actually be tougher punishment: a) death sentence; or b) life without parole?

It would have to be B. As much as I'd like to see him burn it might be better to hear that he is stuck in cell staring at the wall, thinking about how he could be in paradise by now.

The only "aggravating factor" to me is that he is still called "Ft Hood Defendant" and not "Convicted Terrorist Murderer Scum."

But that could be just me........

The so called defendent should be tried on TREASON charges. Wearing the uniform of a commissioned officer and changing sides during a war and inflicting death and injury on fellow soldiers should swing like Saddam.

Even paralized he has more room then all the soldiers here on my FOB!

CD

I wonder if he misses the use of his legs?

I'll bet it sucks to be in jail AND unable to walk... I also wonder if his paralysis effects his ability to get an erection? 72 virgins dont mean shit when your ding-dong is broken

...that would suck even more.

Quote:

Originally Posted by Craigpo

In THIS specific instance, with THIS specific defendant, which would actually be tougher punishment: a) death sentence; or b) life without parole?

Sir, I don't know what the possibility for parole is when convicted under military law. If he is executed, he can't get out in 15 with a lucrative book deal, become a martyr for Jihadists, or become the subject of some liberal documentary down the road about how the US is mistreating a crippled old man.

Quote:

Originally Posted by orion5 (Post 333510)

The only "aggravating factor" to me is that he is still called "Ft Hood Defendant" and not "Convicted Terrorist Murderer Scum."

But that could be just me........

Am right with you there, O5, CONCUR!: :mad:

Am thinking that Our Brave Military should decide what becomes of this shithead...and am hoping our Big O Government stays the hell back and away from this decision!

JMHO...

Holly

Let me review.

The defense needs more time because the forensics on the bullets are not back from the FBI yet?

Who do they think killed the 13 soldiers that dozens more eyewitnesses SAW him shoot, and he was holding the gun when the officers SHOT him.

What, did his evil twin teleport in and fake it?

What a freakin' disgrace.

He should be dead right now as far as I am concerned. Why all of the security to protect him? He needs to die as soon and painfully as is legally possible, and fed to the hogs, as an example to OTHER would be terrorist scumbags.

Just my .02, YMMV.

TR

Would executing him make him something of a micro martyr to the Arab world?

So he's paralyzed? For extra punishment don't give him any diapers. :p

Can we please bring back public stoneing?

Quote:

Originally Posted by spherojon (Post 333717)

Can we please bring back public stoneing?

Shoot, his preferred religion and culture still encourage it.

If he had done that in a Muslim country, they would have just let him bleed out at the scene, assuming no one gave him any additional security rounds.

Only in America....:rolleyes:

TR

Concur with all that this turd should be dead already. His "first court appearance" should be an old fashioned ectoplasm materialization of his ghost as he twists in the smokes of hell with his 72 virgin pig brides.

In the military, if he gets "Life without parole" (LWOP) he will stay in for the rest of his life. That is different from "life in prison" - (and we wonder why we're so jacked up....).

If he gets LWOP, he'll go to Leavenworth where he'll be surrounded by.....soldiers. My guess is that he won't be a real big hit at the Christmas party. :o

I say give him LWOP and toss him in Leavenworth where the soldiers can pay him the attribute he so richly deserves. Leavenworth may have a lot of criminals, but there are also a heck of a lot of Patriotic Criminals in there - they won't take kindly to his "kind".

The cat defending him, Galligin, was a former military Judge for a LOT of years. This will be interesting as the guy is dead-to-rights guilty and not even Johnny Cochran and the Chewbacca defense can save his sorry ass. Sitting military judges take a real dim view of retired military judges trying to usurp their court room. The trial will take a week, maybe two. he'll be convicted and off to the needle-room or to spend the rest of his sorry life behind bars and pining for the little boys allah promised would be his.

Of course, we are then left with the dim bulbs in our leadership establishment wondering what to do about "diversity".

Quote:

Originally Posted by JimP (Post 333759)

....Patriotic Criminals...

I like that.:D

Will they execute a paralyzed man? I'm betting they won't.
How much is his extra care going to cost while he's imprisoned? When he finally dies there will be a lawsuit alleging his mistreatment and improper care in prison led to his death. This is a can of worms. Why couldn't he have just bled out dammit?:mad:

It costs far more to execute someone than to send them away for life. We grant them automatic appeals; free habeas attacks; free appellate attorneys; etc. There is a "cult" out there of anti-death penalty advocates. They go around the country teaching the 'true believers" all sorts of dilatory tactics to defend their clients and to avoid the death penalty. Back in the day I had to get "death-penalty" certified (military requires it if you defend a capitol case). I was AMAZED at the dishonesty and obfuscation being taught by these guys - and....get this: the tactics were being taught by MILITARY lawyers. Saddened me. But...even in the military you have stark-raving mad liberals.

In short - toss him in the hole for the rest of his sorry existence.

It seems to me that concern like this is what led to this self-proclaimed "soldier of allah" to go on unchecked. I know that the general is worried about retribution but have there been any cases of that yet? We have Islamic terrorists telling us that they are Islamic terrorists while committing acts of terror but we can't jump to conclusions; meanwhile, Gen. Casey is going on the record to say that he's concerned about what the non-muslim soldiers might do.

http://www.politico.com/news/stories/1109/29289.html