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| Hasan hearing ends in 4 minutes |
| 2010-11-16 |
| FORT HOOD — Prosecutors took nine days and 56 witnesses to finish their part of an evidentiary hearing for an Army psychiatrist charged with a shooting spree one year ago, but the defense took just four minutes. The hearing wrapped up Monday morning shortly after Col. James Pohl, an Army judge who presided over a series of Abu Ghraib proceedings five years ago, asked Maj. Nidal Malik Hasan if he had anything to say. “No,” Hasan replied. Pohl, the investigating officer for the Article 32 hearing, will recommend whether a trial should be ordered for Hasan, who is charged with 13 specifications of premeditated murder and could get the death penalty. A post spokesman said a decision on a trial is expected at the beginning of next year. Veteran defense attorney Frank Spinner wasn't surprised that Hasan's lawyers didn't call witnesses to the stand and noted that the burden was on prosecutors. “Typically the defense doesn't put on evidence,” he said, calling the 10-day proceeding one of the longest he's seen in more than 30 years. “The prosecution has to establish probable cause that an offense was committed and the accused committed it.” |
| Posted by:Steve White |
| #13 Anyone know if he's pleading out or asking for judge-alone? Or is he taking the "lack of mental responsibility" route? LOL, good luck with that. Guess we'll find out soon enough. Guess: General Court Martial, possibly in the Spring, more likely Summer. |
| Posted by: Pappy 2010-11-16 23:15 |
| #12 Rambler, I understand the Texas Rangers took part in a joint investigation with Army CID and the FBI, but I don't think Texas has charged him. The crimes took place on federal land and Hasan is subject to the UCMJ, so juridiction is probably exclusively federal. However, as far as I'm aware, nothing prevents concurrent jurisdiction if Texas wants to charge him at some point too. Good news is, double jeopardy doesn't attach when the charges are brought by separate sovereigns. I.e., if an accused is acquitted in federal (military) court, it's perfectly constitutional to try them again on the same charges in state court. Texas may be politely deferring until the outcome of the court-martial is known. Procopius is correct (CAAF judges are civilians), and there's a high bar to get a death sentence in a court-martial in the first place (requires a unanimous vote of the 12-member jury). But: Hasan is the best candidate the military justice system has seen in a real long time, maybe ever. Anyone know if he's pleading out or asking for judge-alone? Or is he taking the "lack of mental responsibility" route? LOL, good luck with that. |
| Posted by: RandomJD 2010-11-16 22:22 |
| #11 Moose, Do you know if he has been charged by Texas yet? |
| Posted by: Rambler in Virginia 2010-11-16 18:08 |
| #10 In CO it costs about $84K to keep a max security inmate for a year. What a waste of space and money. However, in Hasan's case it would be worth it to have his paralized and painful body live a long life in solitary. |
| Posted by: Flapper Scourge of the Algonquins 2010-11-16 17:29 |
| #9 Since he killed both military and civilian, the best bet is to convict him of the military, then turn him over to Texas to execute after a trial in their court. Only if somehow he "gets over" in a Texas court, will they then put him in Ft. Leavenworth for life. |
| Posted by: Anonymoose 2010-11-16 16:19 |
| #8 The Military Court of Appeals is more anti-capital punishment than the civilian courts. IIRC the last execution was in 1961. |
| Posted by: Procopius2k 2010-11-16 16:00 |
| #7 We'll be lucky if Obama doesn't grant him a presidential pardon before he leaves office. |
| Posted by: Besoeker 2010-11-16 14:11 |
| #6 Do NOT shoot him. Hang him for high treason. Bury his body in an unmarked grave somewhere on Fort Riley, preferably in the "receiving" end of an artillery range. Don't let anyone but the four guys that bury him know where he's buried. Use a back-hoe, and dig the grave 12 feet deep. Put him in a coffin and fill it up with ready-mix before dumping him in the hole. Threaten those that bury him with the same treatment if anything gets out. This POS needs to be treated like the POS he is. If he has a family, they should NOT receive any benefits after his death. If we pi$$ off a few muslims, so be it. If they start getting aggravating, give them the choice of equal treatment or out the door - from 5000 feet. |
| Posted by: Old Patriot 2010-11-16 13:52 |
| #5 Let us hope that we do upset the Muslims. |
| Posted by: Dave UK 2010-11-16 12:00 |
| #4 Wouldn't want to upset the Muslims. Goodness, no. |
| Posted by: Ebbang Uluque6305 2010-11-16 11:30 |
| #3 You can't execute him - he's disabled. Plus, it would upset the Muslims. |
| Posted by: Glenmore 2010-11-16 07:54 |
| #2 A pit it is that his miserable, cowardly existance was not "ended in 4 minutes." |
| Posted by: Besoeker 2010-11-16 07:22 |
| #1 who is charged with 13 specifications of premeditated murder and could get the death penalty. Could ?, I'd be arranging a firing squad right now. |
| Posted by: Redneck Jim 2010-11-16 01:06 |