Nidal Malik Hasan Tag Archives — Page 3 of 7 — Court-Martial Trial Practice Blog

Hasan update

May 23, 2010 | The Law Office of Philip D. Cave

The LA Times has interesting piece which essentially posits that both the defense and Congress are being stonewalled in production of relevant information. Usually it’s only the defense.

But even before the gavel comes down, two legal battles are underway to try to force the Army and the Department of Justice to turn over documents dealing with Hasan’s past, particularly his personnel files, his mental health records and other documents that might suggest the government should have known he was a dangerously troubled soldier.

The Senate Homeland Security and Governmental Affairs Committee has taken the unusual step of issuing subpoenas demanding the records as part of its investigation into the shooting spree. What they want to know, said committee Chairman Joe Lieberman (I-Conn.), is "why was he not stopped before he took 13 American lives, and how can we prevent such a tragedy from happening again?"

Hasan update 9

May 12, 2010 | The Law Office of Philip D. Cave

KVUE.com reports that:

The attorney representing the accused gunman in the 2009 Fort Hood shootings says the Army is holding back important evidence in the upcoming Article 32 hearing.

Attorney John Galligan says he needs court documents, including Major Nidal Hasan’s FBI files, to gain more insight into his mental state in the months leading up to the shooting.

Hasan update

April 30, 2010 | The Law Office of Philip D. Cave

I posted yesterday a couple of items where Mr. Galligan indicates he’s been given notice that the prosecution intends seeking the death penalty in the Hasan case. He’s wrong, but not wrong. It’s a question of terminology and reality.

Here is a quick note from KWTX.com:

FORT HOOD (April 30, 2010)–Fort Hood authorities said Friday they have not reached a decision to seek the death penalty in the upcoming Article 32 for Army Maj. Nidal M. Hasan.

Hasan update

April 29, 2010 | The Law Office of Philip D. Cave

Here are some links to reports that the prosecution will seek to provide death penalty related information to the Article 32, UCMJ, IO.

AP:

Stars & Stripes:

Rapper case wrapped up

April 17, 2010 | The Law Office of Philip D. Cave

It appears that the case of the “rapper” charged with making threats through rap songs and his website has been resolved. For some weeks the case drew criticism from supporters and the public and the military attitude to free speech issues. Something that we are seeing again in regard to LTC Lakin and Sgt Gary Stein the Marine on the left coast and his MySpace page.

On the rapper, Army Times reports:

Army spokesman Lt. Col. Eric Bloom said Saturday that top brass decided to discharge Hall instead of taking him to trial in part because he admitted his guilt.

New policies post- Major Hasan

April 16, 2010 | The Law Office of Philip D. Cave

Stars & Stripes and others are reporting that:

DoD is starting to announce new policies that may go into effect because of the inquiry into Major Hasan. I expect two will cause some heartburn:

More restrictive policy regarding weapons on base, including in quarters. I expect there will an initial uptick in Second Amendment related complaints.

Hasan update

April 14, 2010 | The Law Office of Philip D. Cave

CAAFLog has pointed to this CentralTexasNow.com report.

Bell County Jail, it’s where the man charged with the Fort Hood massacre, Nidal Hasan, is now being held. Inside the jail infirmary, under 24 hour surveillance, and his lawyer doesn’t like it.

"He is, in short, being punished. In violation I believe of article 13 of the Uniform Code of Military Justice. And it’s deliberate, it’s conscious and it’s intentional," John Galligan says.

Up periscope – WE100410

April 10, 2010 | The Law Office of Philip D. Cave

1. SEALS:

Kokomo Perspective reports that:

Rep. Burton issued the following statement after the Navy dropped several charges against two Navy SEALs who are accused of mistreating terrorist mastermind Ahmed Hashim Abed, the man believed to be responsible for the infamous mutilations of four American contractors in Fallujah, Iraq, in 2004.

Up periscope

April 9, 2010 | The Law Office of Philip D. Cave

1. What ever happened to the Coast Guard O-6 in Alaska pending GCM for a host of offenses.

The former Coast Guard Sector Anchorage Commander was awarded the maximum allowable punishment at an Admiral’s Mast Friday and will retire on July 1 in the grade of lieutenant with a general discharge in lieu of trial by a general court-martial.

Capt. Herbert M. Hamilton, III, was relieved of command in May 2009. An investigation conducted by the Coast Guard Investigative Service revealed that Hamilton had inappropriate relationships with several women, including officer and enlisted Coast Guard members, and civilians, over a period of more than 13 years. Hamilton also was charged with misusing government computers and cell phones; making false official statements; and soliciting an enlisted member to destroy evidence. His retirement as a lieutenant in lieu of trial by a general court-martial is the result of a pretrial agreement and Hamilton’s unsatisfactory service in the grades of captain, commander, and lieutenant commander.

Hasan update 5

April 1, 2010 | The Law Office of Philip D. Cave

TDTNews reports that:

Major Hasan may not have been transferred from hospital yesterday as thought was planned.

Mr. Galligan’s chief complaint is a lack of a mitigation specialist assigned to the defense prior to the Article 32, UCMJ, hearing.