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CBSNews /

AP/ June 1, 2010, 5:19 PM

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.

More coverage of the tragedy at Fort Hood:

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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
AP
17 Comments Add a Comment
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Harden_Tar says:
Ready, aim....
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.
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TVO1CITW says:
I would just keep him in solitary confinement with no sun or light and make him listen to rapp and heavy metal at 160 desibles for 10 years. Then tell him he is free to go because of a legal issue. Then kill him as he wheels out the gate.
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consciousnes says:
Why does it have to be more than one? The only way you are going to stop people from murdering people is to make sure thay will die also. If they know they will die when caught, than they will think twice about pulling a trigger. Right now you can go around a kill person after person and still just be thrown in jail for 20 years. So you have some fun for a while than set for 20 years and get out and do it again. If you kill them after the first one they won't kill again
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notparicular says:
No question of anger. No religious slogans. This man committed a heinous crime. Death sentence is the appropriate sentence.
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RobAla says:
Makes Sense: He sought the death penalty for his victims.
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pensacola8-2009 says:
Believe me, I understand the anger, but I will remind readers that we do have Muslims serving in our military, who are not killing our own soldiers. The logic that this was a religious motivated crime doesn't hold water.

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.
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scabbard2 replies:
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This individual is not the first Muslim in our military to murder our troops, and yes he was motivated solely by his faith, Islam. Sadly, you are misinformed and as well, not familiar with the Uniform Code of Military Justice.
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squeakof2006 says:
While I'd love to see this guy die as much as the next true Red-Blooded American, I do think that we need to remember one little thing: that would make him a martyr in Islam, thus subject to glory and praise by other Islamic people. It would encourage more to do this, so that they could die heroes. I'd love to see him suffer, but there's no way to do it without giving people the idea in his religion that he's right and the government is wrong. Americans are in a lose-lose here.
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Focused2010 says:
What determine if he is guilty...he did it, how much clear evidence do you need. He should die immediately.
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noimmiez says:
I HOPE THEY FRY THIS MORON! A VERY CLEAR MESSAGE NEEDS TO BE SENT TO "ISLAMIC RADICALS" THAT THIS TYPE OF BARBARIC BEHAVIOR IS UNACCEPTABLE IN A CIVILIZED SOCIETY!
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armyoftwelve says:
Good riddance you little diversity hire!
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