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Shooting at Fort Hood - Page 6

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Hryul
Profile Blog Joined March 2011
Austria2609 Posts
August 07 2013 01:29 GMT
#101
http://www.nytimes.com/2013/08/07/us/court-martial-begins-in-fort-hood-killings.html?hp

Today the court hearing of the shooting began.

Major Hasan, 42, an Army psychiatrist and an American-born Muslim of Palestinian descent, opened fire inside a medical processing complex known as the Soldier Readiness Processing Center on Nov. 5, 2009, shooting unarmed soldiers and commissioned officers as they tried to hide under desks and tables. His assault, one of the deadliest mass shootings at an American military base, left 13 dead and more than 30 others wounded. [...]

Despite the evidence of Major Hasan’s self-radicalization, prosecutors do not have to prove that he was a homegrown terrorist. He faces not terrorism but murder charges, and prosecutors have to prove only that he acted with intent and premeditation. [...]

Major Hasan, who appeared in camouflage fatigues and the beard that his former Army defense lawyers fought for his right to wear, became the only defendant in recent history to represent himself in a military capital-punishment case.[...]

If convicted, he could become the first American soldier in 52 years to be sent to death row and executed at Fort Leavenworth, Kan. The last military death sentence was carried out there in April 1961, with the hanging of John A. Bennett, an Army private who was convicted of the rape and attempted murder of an 11-year-old girl.


What I found odd was that the judge had the authority to rule out certain aspects. She i.e. forbids the defendant to claim that he was part of the international djihad and was fighting in a worldwide war against muslims. The trial also don't seem to address the act of terror and the radicalization of Hasan despite. . .(wiki)

In February 2010, the Boston Globe obtained a confidential internal report detailing results of the Army's investigation. According to the Globe, the report concluded that officers within the Army were aware of Hasan's tendencies toward radical Islam since 2005. It noted one incident in 2007 in which Hasan gave a classroom presentation titled, "Is the War on Terrorism a War on Islam: An Islamic Perspective". The instructor reportedly interrupted Hasan, as he thought the psychiatrist was trying to justify terrorism, according to the Globe. Hasan's superior officers took no action related to this incident, believing Hasan's comments were protected under the First Amendment and that having a Muslim psychiatrist contributed to diversity. The report noted that Hasan's statements might have been grounds for removing him from service, as the First Amendment did not apply to soldiers in the same way as for civilians.


Also "Army rules prohibit the judge from accepting a guilty plea in a death penalty case." which result in his weird wording that "the evidence will show that I am guilty" in his opening statement. He as his own defender will have the chance to question all witnesses including his surviving victims.
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