Thursday, November 12, 2009

Nidal Malik Hasan Charged With 13 Counts of Murder: Defense Attorney Raises Questions of 'Fair Trial at Fort Hood'

From the New York Times, "Hasan Charged With 13 Counts of Murder in Ft. Hood Attack" (note that the Times has misspelled Hasan's name):

Military prosecutors have charged Maj. Nadil Malik Hasan with 13 counts of premeditated murder in last week’s shooting rampage at Fort Hood, Tex., a spokesman for the Army criminal investigation division said Thursday.

Major Hasan, 39, an Army psychiatrist, is accused of opening fire with two handguns in a Soldier Medical Readiness Center, where troops receive medical attention before being deployed or after returning from overseas.

Of the 13 people who were killed, , four were officers, 8 were enlisted soldiers and one was a civilian. Major Hasan was eventually subdued by civilian police.

The 13 charges against Major Hasan are “initial charges,” said the Army spokesman, Chris Grey, “and additional charges may be preferred in the future, subject to the ongoing criminal investigation.”

“It is important to remember that the preferral of charges is the first step in the court-martial process,” Mr. Grey said, “and that a charge is merely an accusation. The accused is presumed innocent until and unless proven guilty.”

Col. John P. Galligan, a retired Army officer, who is representing Major Hasan, has questioned whether the suspect will be able to get a fair trial at Fort Hood.

For now, Mr. Grey added, “Major Hasan is currently under pretrial restriction while receiving medical care.”

Major Hasan is reported to be in stable condition in an Army Hospital in San Antonio, where he is recovering from four gunshot wounds.
But see also the Houston Chronicle, "Legally, 'We're in for a Long Haul': Case Against Soldier Accused in Mass Shooting Faces Many Hurdles."

In addition potental change of venue issues, Hasan faces court martial, as well as a possible death penalty. See, "
Prosecutors to Seek Death Penalty When Nidal Malik Hasan Faces a Court-Martial." And,"Fort Hood Shooting: The Death Penalty Would Make Nidal Malik Hasan an Islamic Martyr."

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