DallasNews.com reports:
Fontana’s attorneys argued Tuesday that the patients were gravely ill and their life-expectancy was impossible to predict. They also blamed vague doctors’ orders, poor hospital protocol and sloppy record-keeping in the intensive care unit for the deaths.
I think what they mean is that in the court-martial opening statement the defense said . . .
NMCCA has issued six new decisions, of which four are merits.
United States v. Maharrey, post-trial delay case.
United States v. Thornton. Appellant raises ineffective assistance of counsel (IAC) and sufficiency of the evidence. The findings and sentence are set-aside based on the IAC. The IAC relates to several issues: failure to properly advise on forum; failure to prepare appellant to testify; failure to cross-examine some witnesses. A DuBay (United States v. DuBay, 37 C.M.R. 411 (1986)) hearing was ordered. The military judge found several issues of IAC. The DuBay judge did not agree with all the allegations of IAC.
Military.com reports:
Fort Hood massacre suspect Maj. Nidal Malik Hasan sought to have some of his patients prosecuted for war crimes based on statements they made during psychiatric sessions with him, a captain who served on the base said Monday. (emphasis added)
Other psychiatrists complained to superiors that Hasan’s actions violated doctor-patient confidentiality, Capt. Shannon Meehan told The Dallas Morning News.
I commented yesterday that the decision by the Homeland Security Committee could be a potential boon to defense discovery in Major Hasan’s court-martial at Fort Hood.
Homeland Security committee begins collecting discovery for the Major Hasan defense team.
It’s not clear yet, but it looks like the Army and Department of Defense might also be about to do the same. One of the major issues that counsel have to pursue in death penalty cases at court-martial is the persons background. Besides the potential insanity issue on the merits, it is critical to develop as much of a personal history and background as possible. That means the defense will be requesting, and if they are smart, the government providing the expert assistance of a mitigation expert. The committee and potential Army actions will be of potential assistance to the defense. True, the investigations could develop something negative, but in this case that’s not something the defense needs to worry about at this stage. The defense needs information, the prosecution will try to stop or delay them getting it, so outside help is welcome.
Army Times reports:
Sen. Susan Collins of Maine says the Senate Homeland Security Committee will open an investigation into the murders at Fort Hood with a public hearing this week.
Major Hasan is facing 13 specifications of premeditated murder and likely any number of other lesser charges at court-martial.
I commented a while ago about the Navy bottom-blow to remove the lowest quality performers to meet numbers. Stars & Stripes reports the AF needs to reduce, but it’s not clear how the reduction will be accomplished.
Austin-Statesman reports:
A court-martial scheduled to start today for a former Air Force nurse accused of the deaths of three patients in his care has been delayed indefinitely, officials at Lackland Air Force Base in San Antonio said.
No reason is given. But AP reports:
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 whether the Army mistreated 20-year-old Pfc. Christopher Pfeiffer of Westminster. Fort Detrick officials have also worked to remedy his situation.
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 and motives, but unlikely before then, except for the continual extra-judicial statements by people close to the investigation who have been told not to talk about it but are quite happy to without a name.
Major Hasan asked for counsel, he’s got counsel; he’s a represented accused; charges are preferred; and he’s apparently in custody. So . . .
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 deploy him. There have been several articles which explain how hard it is to get out of the military, especially if you are a medical professional who was educated at taxpayer expense. I’m not sure this is something that will be fully developed at Major Hasan’s court-martial. But this article in the Washington Post gives a general idea.
U.S. soldiers’ morale down in Afghanistan: Obstacles to getting mental health care cited in Army survey, by Ann Scott Tyson, Washington Post Staff Writer, Saturday, November 14, 2009.
Meanwhile, soldiers in Afghanistan are having greater difficulty getting help for psychological problems, for a variety of reasons, including a shortage of psychiatrists and other mental health workers, the survey showed.
Court-Martial Trial Practice Blog
