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Articles Posted in court-martial

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“Deserter” held at Bagram

Military.com reports: A Maryland Soldier is in Army custody and classified as a deserter — unfairly, relatives say — after he extended a two-week midtour leave to take care of his sick wife and their new baby. U.S. Rep. Roscoe Bartlett has lobbied the secretary of the Army to investigate…

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When investigators talk with Major Hasan we’ll know more

And pigs have wings and can fly. The media continues to make the comment that investigators are waiting to talk with Major Hasan, at Fort Hood, and once they do we’ll know more about his motives.  Huh?  We’ll find out at court-martial what each party is suggesting are the reasons…

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Why did the Army want to keep Major Hasan

There’s plenty of information being put out that Major Hasan had problems, not just with his ideology, but also with his provider skills.  So, people ask, why would the Army want to keep him and place him counseling returning or deploying personnel, send him to Fort Hood, and prepare to…

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Death penalty debate – more data points

Major Hasan’s acts at Fort Hood are quite appropriately being viewed as apt to impose a death penalty at his court-martial.  Based on what we are seeing and hearing there seems to be little doubt that the prosecution can gain a conviction (although an insanity defense is not out of…

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Here’s a start . . .

U.S. President Barack Obama Saturday urged members of Congress not to turn the investigation into the Fort Hood massacre into "political theater." Reports Military.com.  This is a step in the right direction.  Ratchet down the political rhetoric, allow the investigators to get their work done, and allow the prosecution and…

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Is this unlawful influence, or just a bad idea, or . . . ?

How far should members of congress or the President, or anyone, get involved in how to prosecute Major Hasan for his acts at Fort Hood.  Certainly the victims are entitled to be involved and are required to be through the Department of Defense Victim-Witness Assistance Program.  The program does not…

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Background testimony by police

I have previously noted the First Circuit’s criticism of prosecutors calling police to set the “context” of an investigation.  The view being that’s it’s an attempt to have the police testify to a whole lot of inadmissible evidence and hearsay, and prejudice the members.  The same issue should be avoided…

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Change of court-martial venue

A question arises for Major Hasan and the court-martial about venue or situs or trial at Fort Hood or somewhere else.  Here is the general rule from R.C.M. 906(b)(11), for a change of venue of a court-martial: United States v. Curtis was at one time a death penalty case, but…

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Finally, a media outlet noticed a possible way out of death for Major Hasan, and avoidance of his potential for martyrdom

The Christian Science Monitor reports and makes this observation: But emerging evidence that Hasan may have terrorist connections could alter the prosecutorial strategy, as his story would hold invaluable information for investigators. One way to get that information would be to offer Hasan a deal – such as revoking the…

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