Articles Tagged with galligan

MySA news reports that:

Defense attorneys for Maj. Nidal Malik Hasan, a Fort Hood psychiatrist charged with killing 13 people and wounding 32 others in a mass shooting here last fall, won a four-month delay Tuesday in an evidentiary hearing that could lead to his court-martial.

Sitting in the same courtroom where he oversaw proceedings for two infamous Abu Ghraib defendants, Col. James Pohl ruled in favor of the defense, which said it had not received all the documents it needed – including a ballistic trajectory report now being done by the FBI in Quantico, Va.

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?" 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.

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

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.

CAAFLog has pointed to this 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.

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. reports that:

Defense attorney John Galligan said Tuesday he’s asking the Army to delay the hearing that will determine whether Maj. Nidal Malik Hasan will be tried by a military court for the Nov. 5 shooting rampage at Fort Hood’s Soldier Readiness Center that left 13 dead and 29 injured.

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