Fort Worth Shooting

July 10, 2011 by USA Post 

Fort Worth ShootingFort Worth Shooting, More than two dozen soldiers have testified about the day they were shot at Fort Hood in November 2009. Some said the attacker to look into his eyes while shooting. Results of a Senate investigation on the suspect: Before the slaughter, the Army psychiatrist had become an Islamic extremist and a “time bomb”.

Now the defense team for as Nidal Hasan, who is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder, he faces what seems an impossible task to avoid a conviction and death sentence potential one of the military history of higher profile cases.

Hasan, 40, who was paralyzed after police shot him that day, could go to trial later this year at Fort Hood, the sprawling U.S. Army post in central Texas.

On Wednesday, the commander of Fort Hood, ordered Hasan, who is in jail, on trial after reviewing the documents of the evidentiary hearing last fall.

John Galligan, lead defense attorney, has said little about testing strategies you are considering. But military law experts say their options are limited: the hope that Hasan’s mental state could bring a life sentence, or view the legal errors that could cause a conviction or death sentence revoked.

Galligan said that 80 percent of the death sentences of the military has been commuted to life imprisonment without parole since the army reinstated the death penalty in 1984. Do not condemn military have been executed since 1961 by the lengthy appeals process.

“The investment rate and the time elapsed since the execution of a program that the system of military death penalty does not work and should not be used,” Galligan told The Associated Press. “The army here is more interested in getting a death penalty case and get a death sentence and move on, even if it sits there for 20 years.”

Eight death sentences have been commuted since 1984 due to procedural errors at trial or test.

The president must approve any executions in the system of military tribunals. In 2008, President George W. Bush signed a death warrant for a former Army cook convicted of multiple rapes and murders in the 1980s, but a federal judge has held that to allow a new round of appeals in federal court.

Despite what could be a long process, many of those affected by the slaughter of Fort Hood, believe that death is the only appropriate punishment if Hasan is condemned by the worst mass murder in a U.S. military installation.

“People will want to hear the other side during the court martial, but what could he say in his defense?” Said Sgt. Juroff Jeannette, who was working nearby that day and helped the wounded soldiers.

Galligan said initially that a defense of insanity was being considered, but withdrew after a mental evaluation last year by Hasan a panel of three military members of mental health.

Galligan has refused to disclose Panel’s finding, but everything indicates that the evaluation would not support a claim that Hasan was suffering from a severe mental illness that prevents you know, during the uproar that his alleged actions were wrong – the legal definition of insanity.

Experts in military law said he doubted Hasan would plead not guilty by reason of insanity. Less than 10 soldiers were found not guilty by reason of insanity in military trials more than 21,000 from 1990 to 2006, according to an Army study.

But Hasan’s team defense could argue that having a mental illness without the use of an insanity defense – especially if he is convicted and are trying to avoid a death sentence.

“Sometimes one end of the report (mental health evaluation) demonstrate that the defendant has a mental problem like depression, and the defense can use whatever is in that report the sentence as mitigating factors,” said Greg Rinckey, a lawyer New York to defend military customers and is not involved with the case of Hasan.

This defense tactic was used in the 2005 trial of Sgt. Hasan Akbar. His lawyers did not deny that threw grenades into the tent of his fellow soldiers in Kuwait in 2003 and then shot them. His argument was that he was mentally ill – but legally sane. Akbar was convicted and sentenced to death. His case is on appeal.

Prosecutors in the case of Hasan have said they will not comment before the trial.

Death-penalty cases in the armed forces require at least 12 jurors, rather than in other cases. And unlike other tests, the verdict must be unanimous in finding guilt or assessment of a sentence.

Hasan If convicted, the jurors decide between life in a military prison without parole and the death penalty.

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