Judge Grants Delay for Ft. Hood Suspect Hearing

Last Updated 1:00 p.m. ET

Wearing his Army uniform and sitting solemnly in a wheelchair, the psychiatrist accused of gunning down 13 people at the military base Fort Hood made his first court room appearance Tuesday where his attorneys won a delay in his case.

Maj. Nidal Hasan did not speak much at the hearing, mostly answering questions about the proceedings with a soft: "yes sir."

His attorneys sought a delay in his Article 32 hearing because they needed more time to review reams of documents they recently received and they still need other key documents like the FBI ballistics report on the Nov. 5 shooting.

The Article 32 hearing, which is similar to a civilian grand jury proceeding in which a judge hears witness testimony to determine whether the case should go to trial, is set for Oct. 4.

Complete Coverage: Tragedy at Fort Hood

Before Tuesday's one-hour hearing, Hasan was flanked by military police as he rolled his wheelchair into the courtroom and up to the defense table. Hasan, who was paralyzed after being shot by military police the day of the shootings, answered "yes, sir" or "I understand, sir" when asked if he understood his rights, if he had read the charges against him and if he knew his right to a speedy trial.

He is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the worst shooting on a U.S. military post.

Col. Michael Mulligan, the lead prosecutor, objected to the delay and said prosecutors would be ready to proceed in July.

Col. James L. Pohl, a military judge who is acting as the investigating officer in the Fort Hood shooting case, said that during the Article 32 hearing, he planned to call the 32 injured victims as witnesses. He also said authorities had not decided whether to seek the death penalty.

(AP Photo/Eric Gay)

(Left: John Galligan, defense attorney for Maj. Nidal Hasan, goes through a security check as he arrives for an Article 32 hearing Tuesday.)

If convicted, Hasan could be sentenced to death only if the military jurors determine there is an aggravating factor, according to military law. Last month, prosecutors sent a notice to defense attorney John Galligan listing one aggravating factor in the case: that more than one person was killed in the same incident.

Experts have said prosecutors would not send such a notice unless they planned to seek the death penalty.

While Tuesday's hearing was the second for Hasan, it is the first time he's appeared in a Fort Hood courtroom. His initial hearing - two weeks after the shootings - was held in his hospital room at San Antonio's Brooke Army Medical Center.

Hasan was treated at the San Antonio facility until his April transfer to the Bell County Jail, which houses military suspects for nearby Fort Hood. The military justice system does not have bail for defendants.

[triptechb]

i'm all for some due process. keeps hasty decisions from being made.
but a mental evaluation? he murdered over a dozen of his "fellow" servicemen, and tried to murder a couple dozen more.
i'm fairly sure he is mentally ill, but how does being crazy make murder less wrong?
get the trial underway and light his ass up.

[TVO1CITW]

Worse Case Senero (WCS): This guy isn't mental because he is educated in psychology. He would know the process. He is a radical muslim with one main characteristic that stands out: MURDERER of Americans.

He is paralyzed and getting the best of treatement while in jail at our expense. He is obviously guilty and the attorney is sucking the system dry. We should try his attorney after this is all over.

[TVO1CITW]

Sp: Scenario & treatment

[larrryshrine]

Sigh . . . I feel like a voice in the wilderness here, but I am going to explain it again - under THE CONSTITUTION OF THE UNITED STATES OF AMERICA - the ultimate law of this land, and defendant is afforded due process - the right to a vigorous defense, the right to a trial, the right to be judged by a jury of his peers. That is the American way, and God forbid we should be selective in its application. Just because there are twenty witnesses doesn't mean the man isn't afforded due process. Mass killers get trials. Serial killers get trials. You will get a trial if you are charged with a crime. They won't just take you out and shoot you (I doubt you would want that, no matter what you did). So stand up and be an American, not a vigilante. Stand up for the sacred law of this land!

[cleric60]

His attorneys sought a delay in his Article 32 hearing because they needed more time to review reams of documents they recently received and they still need other key documents like the FBI ballistics report on the Nov. 5 shooting.
I'm curious how much time do they need to "review reams of documents"
Give me a break. How many months has it been since the murderer/terrorist killed those military colleagues of his?

[lilbear925]

This Muslim assassin once swore allegaince to this country when he swore into the US Army. You do not simply sign on when you enlist or bacome an officer, so his actions can be construed as traitorous, which rewuires the death penalty. He should not be granted a delay, as there is no more evidence to peruse. He should now be executed to curtail the cost to the US of keeping him alive and tending to his needs in the hospital. He KILLED American soldiers! He is an enemy of this country and should be treated as such!

[larrryshrine]

Twisted logic. A man must be tried for treason, found guilty of treason before he can be executed. Look, I hate this man, hate what he did. I am only suggesting that we all follow the law of the land. It's the same for you as it is for him. It is the Constitution, which I love and will protect.

[AtLasOn1Kl733]

Sometimes, going beyond The Constitution constitutes Justice. It's just hard to see it from your perspective.

[tsigili]

Stop wasting tax payer money, with stupid, useless delays. There is zero doubt this man committed multiple murder, there were dozens of witnesses.

[AlanW21126p]

This case is a perfect example why cops need to sometimes aim for the head. The only reason this scum is still alive is he was shot in the midsection. So now, not only is he alive, but he's paralyzed, so the state has to take care of his paralyzed a** for the next 40 years until he croaks. What a nightmare. How'd YOU like to be the nurses having to do bedpan duty for this murderer?

So, I have an idea. Release him. Yep. Let him go. Put him in a small house in the middle of the desert. Alone. Nobody allowed in or out. Leave him with a weeks worth of food. Let Mr. Paralyzed Jihadist figure out how to live. I assure you, the last few weeks of his life will be far more miserable than being cared for in prison.

[larrryshrine]

Now there's a strong case for due process.

[JustYourAverageReader]

I am so cynical...

Hollywood liberals and their lawyers will become involved. They will push to assure his liberties while their real motive will be to make big $$ from a movie.

[book_of_wally]

This guy has a strong resemblance to Bert from Sesame Street.

[Mortar_29]

True!

[pragmatist1]

This guy was a terrorist and his actions should have been categorized as such. Let the military put him before a firing squad and get rid of him.

[Mortar_29]

I would volunteer to do it.