Fort Hood Prosecutors Seek Death Penalty
Military prosecutors sent a notice Wednesday indicating they plan to seek the death penalty against the Army psychiatrist charged in the deadly shooting rampage at Fort Hood, a defense attorney said.
Maj. Nadal Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 shooting. Premeditated murder carries the death penalty. But if military jurors convict Hasan, they can only sentence him to death if they determine there is an aggravating factor in the case, according to military law.
Complete Coverage: Tragedy at Fort Hood
Defense attorney John Galligan said the notice he received from prosecutors outlines as an aggravating factor that more than one person was killed in the same incident.
"They've done everything except tell me to my face that they plan to seek the death penalty," Galligan told The Associated Press from his office near Fort Hood, about 130 miles southwest of Fort Worth.
Military prosecutors have not publicly said what punishment they plan to seek, and Fort Hood officials did not immediately return calls seeking comment Wednesday.
Rich Stevens, an attorney who defends military cases and is not involved in the Hasan case, said crimes that are ineligible for the death penalty do not require jurors to consider aggravating factors.
"The only reason to send a notice of aggravating factors is if you're trying to seek the death penalty," Stevens said.
Military law lists about a dozen possible aggravating factors, but prosecutors listed only one in the notice to Hasan's attorney.
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AP Maj. Nadal Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 shooting. Premeditated murder carries the death penalty. But if military jurors convict Hasan, they can only sentence him to death if they determine there is an aggravating factor in the case, according to military law.
Complete Coverage: Tragedy at Fort Hood
Defense attorney John Galligan said the notice he received from prosecutors outlines as an aggravating factor that more than one person was killed in the same incident.
"They've done everything except tell me to my face that they plan to seek the death penalty," Galligan told The Associated Press from his office near Fort Hood, about 130 miles southwest of Fort Worth.
Military prosecutors have not publicly said what punishment they plan to seek, and Fort Hood officials did not immediately return calls seeking comment Wednesday.
Rich Stevens, an attorney who defends military cases and is not involved in the Hasan case, said crimes that are ineligible for the death penalty do not require jurors to consider aggravating factors.
"The only reason to send a notice of aggravating factors is if you're trying to seek the death penalty," Stevens said.
Military law lists about a dozen possible aggravating factors, but prosecutors listed only one in the notice to Hasan's attorney.
More coverage of the tragedy at Fort Hood:
Marines Set Drill that Mirrors Fort Hood Rampage
Senate, Pentagon Battle over Fort Hood Documents
Store Video May Show Shooter
Ft. Hood Suspect ID'd as Army Psychiatrist
Soldier Opens Fire at Ft. Hood; 13 Dead
Anti-Muslim Backlash Immediate
Sources: Hasan Web Posts Drew FBI Interest
Fort Hood Rampage Suspect Sill Alive
What was Shooter's Motive?
U.S. Army Base Violence Has Bloody History
Obama: Fort Hood Shooting "Horrific"
Fast Facts: Fort Hood
Tragedy at Fort Hood
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This piece of trash needs to be disposed of. Shoot him, throw the body in the landfill and then announce it months later. He has dishonored his country, his profession, and I say he has dishonored Islam by using it to kill.
I have a son in the Marines, and I know my own son could have been one of his victims, but I would demand answers, not execution by firing squad. The death penalty may be appropriate, but not in the height of anger or national hype.