News Flash: Hasan Court-Martial Will Play Out in Press
In case anyone had any doubt how the entire Hasan court-martial process will play out, NPR claims to have a leaked evaluation of Maj. Hasan while he was at Walter Reed in the residency program. NPR’s “transcript” of the evaluation is available here and accompanying story here. In sum, the memo would tank a Good Military Character Defense.
Perhaps it could play a part in an insanity defense, but assuming the government otherwise has the goods on Major Hasan, I don’t think a GMC defense would be particularly effective.
JMTG: I was attempting to use sarcasm in both the title and the text of the post–though maybe you were too? Burned by my inability to write like I talk again. I need to get some lessons on that from the Navy Code 20 folks.
Word is that Maj Hasan’s PTC hearing will be held tomorrow.
Any word on whether he’s been found medically fit for confinement?
It is interesting and I discount the press by 75% for accuracy but I read that Hassan’s civilian defense counsel “considers” Hassan in PTC. Now the government is trying to hold a hospital room hearing (this will set up the made for TV movie quite nicely). Then I read that Hassan’s lawyer is complaining that it is being held too quickly. If he is in PTC then he has to have this hearing. Excellent point on the physical requirement for PTC. Interesting facts that yet again take experienced pratitioners to get it right. Though I don’t know him I am told CDC is quite good. Hope the government has someone to counter.
All the Gov. needs is a prosecutor who doesn’t make appellate issues – someone who doesn’t make stupid mistakes.
If his counsel says “I consider him in PTC” the Government is simply responding by saying “OK, then we will conduct a hearing so you don’t raise an Article 10/Speedy trial issue”.
Then DC cries “Oh wait, we aren’t ready” to which the Government says “OK, put that in writing so we don’t get dinged later on down the road”.
The Government is Covering Its Arse on this, forcing counsel for an exclusion of time. A well calculated move by the Government, who I would wager doesn’t itself believe DC is ready at this point.
The best Defense is a good Offense. If DC really wants to punch the Government in the nose it should move for a quick trial (like we did), the longer DC waits, the longer the Gov. will set their ducks in a row.
Conversley you can use Article 10 “as both a sword and shield” – Maj. Posch – Deputy SJA US v. Cossio
As soon as the Government posted “guards” at his hospital room, they should have had the smarts to figure out that even if that didn’t trigger the time-clock, it sure as hell created an issue.
The government is already dropping the ball here. If as various media reports have suggested, MAJ Hasan remains both paralyzed and in need of constant medical attention, then just “restrict” him to his hospital room and say that the guards are for his protection. Depending on his pharmaceutical regimen, he may not even be “competent” to do a hearing.
And, if his paralysis is irreversible, looking at the ceiling in the Florence, CO’s “super-max” for the next 30 years, may be a worse punishment than putting him out of his misery, a la Timothy McVeigh.
Anon 16:56 how do you know that is not what the government did? I would argue that the guards are as much to keep media out as well as revenge seeking soldiers as it is to keep Hasan “in.”
Sounds like the government has some “smarts” and I don’t think posting guards creats “a hell of an issue” as the governemnt is responsible for Hasan’s safety. If I was the CDC I wouldn’t be on TV claiming PTC I’d just stay quiet and let it play out then attack it after the fact. What exactly is the issue?
I agree, the Government is doing exactley what it should. BTW, the AP just came out with this:
Fort Hood suspect ordered held until court-martial
By ANGELA K. BROWN, Associated Press Writer Angela K. Brown, Associated Press Writer
Sat Nov 21, 8:27 pm ET
FORT WORTH, Texas – The Army psychiatrist charged with killing 13 people at Fort Hood will be confined until his military trial, initially staying in a hospital where he is recovering from gunshot wounds, his attorney said Saturday.
During a hearing at Maj. Nidal Hasan’s hospital room in San Antonio on Saturday, a magistrate ruled that there was probable cause that Hasan committed the Nov. 5 shooting spree at Fort Hood, said his civilian attorney, John Galligan. Hasan has been at Brooke Army Medical Center since the shooting, and his attorney said Hasan has been told he has permanent paralysis.
Galligan told The Associated Press in a telephone interview that the judge also ordered Hasan to pretrial confinement, which usually means jail, until his court-martial. The military justice system does not have bail for defendants.
The magistrate ruled that Hasan will initially remain in the hospital, where he is in intensive care, Galligan said.
Saturday’s hearing was closed to the media. Officials at Fort Hood, about 150 miles southwest of Fort Worth, declined to comment.
Galligan said Hasan has no feeling from the chest down and has limited movement in his arms.
Hasan was shot by civilian members of Fort Hood’s police force after the shooting spree in a crowded building where soldiers must go before they are deployed to finalize wills, update vaccinations and get vision and dental screenings.
Hasan has been under guard at the hospital, Galligan said, and military officials have not told him how the pretrial confinement status will change anything.
“I don’t know what rights and privileges he had that will now be changed, such as visitors of if they’ll open his mail,” Galligan said. “There are still many issues that haven’t been addressed. I feel like I just wasted a day.”
Hasan has been charged with 13 counts of premeditated murder. Authorities have not said whether they will seek the death penalty, his attorney said.
Galligan said he is concerned about where Hasan will be moved once he’s released from the hospital, but he does not know when that will happen.
http://news.yahoo.com/s/ap/us_fort_hood_shooting
Mr. Galligan strikes me as a guy who is digging into this high-profile media-driven case with gusto.*
*Gusto: An Italian word meaning “with great enthusiasm but almost zero intelligence.”