Tyr-Ziu Saxnot
08-03-2013, 06:04 PM
http://news.yahoo.com/fort-hood-rarity-military-executions-161613257.html Fort Hood and the rarity of military executions
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DALLAS (AP) — Hundreds of unarmed soldiers, some about to deploy to Afghanistan, were waiting inside a building for vaccines and routine checkups when a fellow soldier walked in with two handguns and enough ammunition to commit one of the worst mass shootings in American history.
Maj. Nidal Malik doesn't deny that he carried out the November 2009 attack at Fort Hood, Texas, which left 13 people dead and more than 30 others wounded. There are dozens of witnesses who saw it happen. Military law prohibits him from entering a guilty plea because authorities are seeking the death penalty. But if he is convicted and sentenced to death in a trial that starts Tuesday, there are likely years, if not decades, of appeals ahead.
He may never make it to the death chamber at all.
While the Hasan case is unusually complex, experts also say the military justice system is unaccustomed to dealing with death penalty cases and has struggled to avoid overturned sentences.
Eleven of the 16 death sentences handed down by military juries in the last 30 years have been overturned, according to an academic study and court records. No active-duty soldier has been executed since 1961.
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FILE- In this Nov. 6, 2009, file photo, Col. (P) John Rossi, Deputy Commander General of Fires and E …
(http://news.yahoo.com/photos/file-nov-6-2009-file-photo-col-p-photo-150230332.html)
A reversed verdict or sentence on appeal in the Hasan case would be a fiasco for prosecutors and the Army. That's one reason why prosecutors and the military judge have been deliberate leading up to trial, said Geoffrey Corn, a professor at the South Texas College of Law and former military lawyer.
"The public looks and says, 'This is an obviously guilty defendant. What's so hard about this?'" Corn said. "What seems so simple is in fact relatively complicated."
Hasan is charged with 13 specifications of premeditated murder and 32 specifications of attempted premeditated murder. Thirteen officers from around the country who hold Hasan's rank or higher will serve on the jury for a trial that will likely last one month and probably longer. They must be unanimous to convict Hasan of murder and sentence him to death. Three-quarters of the panel must vote for an attempted murder conviction.
The jury will likely hear from victims and relatives of the dead. A handful of victims still carry bullet fragments in their body. Others have nightmares.
"It never goes away — being upset that it's taken so long for this trial to come," said Staff Sgt. Alonzo Lunsford, who was shot in the head, stomach and upper body. "So now's the day of reckoning, which is positive — very positive."
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FILE - This undated file photo provided by the Bell County Sheriff's Department shows Nidal Hasan, w …
(http://news.yahoo.com/photos/file-undated-file-photo-provided-bell-county-sheriffs-photo-150230771.html)
The trial's start has been delayed over and over, often due to requests from Hasan. Any of the hundreds of decisions large or small could be fair game on appeal. The entire record will be scrutinized by military appeals courts that have overturned most of the death sentences they've considered.
"A good prosecutor, in military parlance, would be foolish to fight only the close battle," Corn said. "He's got to fight the close battle and the future battle. And the future battle is the appellate record."
Hasan has twice dismissed his lawyers and now plans to represent himself at trial. He's suggested he wants to argue the killings were in "defense of others" — namely, members of the Taliban fighting Americans in Afghanistan. The trial judge, Col. Tara Osborn, has so far denied that strategy.
Hasan has grown a beard while in custody that he says expresses his Muslim faith, but violates military rules on decorum. After a military judge ordered him forcibly shaved, an appeals court stayed that order and took another judge off the case.---------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- Has there ever been a more obvious case of guilt in a military trial of an officer having murdered fellow soldiers!??? Yet they let this sorry piece of inhuman scum jerk them around like fools! There will be no justice delivered in this case. For justice they'd have to shoot this GD bastard and should have done so long ago! Find him guilty sentence him to death and let me be executioner(I'D GLADLY PAY). I'd volunteer the gun , ammo and carving/scalping knife too. Id happily put three 45 caliber slugs directly into his miserable head but only after having scalped his sorry ass and having already cut his family jewels off and stuck them directly into his mouth. He more than anybody I ever known about deserves absolutely zero mercy.. Yea, I have Indian blood in my veins.. And that sorry, worthless bastard would know it long before I had finished with him.. -Tyr
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.
DALLAS (AP) — Hundreds of unarmed soldiers, some about to deploy to Afghanistan, were waiting inside a building for vaccines and routine checkups when a fellow soldier walked in with two handguns and enough ammunition to commit one of the worst mass shootings in American history.
Maj. Nidal Malik doesn't deny that he carried out the November 2009 attack at Fort Hood, Texas, which left 13 people dead and more than 30 others wounded. There are dozens of witnesses who saw it happen. Military law prohibits him from entering a guilty plea because authorities are seeking the death penalty. But if he is convicted and sentenced to death in a trial that starts Tuesday, there are likely years, if not decades, of appeals ahead.
He may never make it to the death chamber at all.
While the Hasan case is unusually complex, experts also say the military justice system is unaccustomed to dealing with death penalty cases and has struggled to avoid overturned sentences.
Eleven of the 16 death sentences handed down by military juries in the last 30 years have been overturned, according to an academic study and court records. No active-duty soldier has been executed since 1961.
View gallery."
http://l1.yimg.com/bt/api/res/1.2/gLR4vNSJUzqsYNLR6JOXcg--/YXBwaWQ9eW5ld3M7Zmk9ZmlsbDtoPTIxMDtxPTg1O3c9MzAw/http://media.zenfs.com/en_us/News/ap_webfeeds/3246fcc7f66f6e19390f6a7067007fb9.jpg
FILE- In this Nov. 6, 2009, file photo, Col. (P) John Rossi, Deputy Commander General of Fires and E …
(http://news.yahoo.com/photos/file-nov-6-2009-file-photo-col-p-photo-150230332.html)
A reversed verdict or sentence on appeal in the Hasan case would be a fiasco for prosecutors and the Army. That's one reason why prosecutors and the military judge have been deliberate leading up to trial, said Geoffrey Corn, a professor at the South Texas College of Law and former military lawyer.
"The public looks and says, 'This is an obviously guilty defendant. What's so hard about this?'" Corn said. "What seems so simple is in fact relatively complicated."
Hasan is charged with 13 specifications of premeditated murder and 32 specifications of attempted premeditated murder. Thirteen officers from around the country who hold Hasan's rank or higher will serve on the jury for a trial that will likely last one month and probably longer. They must be unanimous to convict Hasan of murder and sentence him to death. Three-quarters of the panel must vote for an attempted murder conviction.
The jury will likely hear from victims and relatives of the dead. A handful of victims still carry bullet fragments in their body. Others have nightmares.
"It never goes away — being upset that it's taken so long for this trial to come," said Staff Sgt. Alonzo Lunsford, who was shot in the head, stomach and upper body. "So now's the day of reckoning, which is positive — very positive."
View gallery."
http://l.yimg.com/bt/api/res/1.2/LI2ZbfA197yogeQfvA8esw--/YXBwaWQ9eW5ld3M7Zmk9ZmlsbDtoPTIxMDtxPTg1O3c9MzAw/http://media.zenfs.com/en_us/News/ap_webfeeds/a5b0e2ebf6656e19390f6a706700e374.jpg
FILE - This undated file photo provided by the Bell County Sheriff's Department shows Nidal Hasan, w …
(http://news.yahoo.com/photos/file-undated-file-photo-provided-bell-county-sheriffs-photo-150230771.html)
The trial's start has been delayed over and over, often due to requests from Hasan. Any of the hundreds of decisions large or small could be fair game on appeal. The entire record will be scrutinized by military appeals courts that have overturned most of the death sentences they've considered.
"A good prosecutor, in military parlance, would be foolish to fight only the close battle," Corn said. "He's got to fight the close battle and the future battle. And the future battle is the appellate record."
Hasan has twice dismissed his lawyers and now plans to represent himself at trial. He's suggested he wants to argue the killings were in "defense of others" — namely, members of the Taliban fighting Americans in Afghanistan. The trial judge, Col. Tara Osborn, has so far denied that strategy.
Hasan has grown a beard while in custody that he says expresses his Muslim faith, but violates military rules on decorum. After a military judge ordered him forcibly shaved, an appeals court stayed that order and took another judge off the case.---------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- Has there ever been a more obvious case of guilt in a military trial of an officer having murdered fellow soldiers!??? Yet they let this sorry piece of inhuman scum jerk them around like fools! There will be no justice delivered in this case. For justice they'd have to shoot this GD bastard and should have done so long ago! Find him guilty sentence him to death and let me be executioner(I'D GLADLY PAY). I'd volunteer the gun , ammo and carving/scalping knife too. Id happily put three 45 caliber slugs directly into his miserable head but only after having scalped his sorry ass and having already cut his family jewels off and stuck them directly into his mouth. He more than anybody I ever known about deserves absolutely zero mercy.. Yea, I have Indian blood in my veins.. And that sorry, worthless bastard would know it long before I had finished with him.. -Tyr