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Fort Hood Suspect’s Legal Team Questions His Defense Fort Hood Suspect’s Legal Team Questions His Defense
(about 1 hour later)
KILLEEN, Tex. — On the first day of his military trial on Tuesday, Maj. Nidal Malik Hasan told jurors that he was the gunman responsible for a shooting rampage at the Fort Hood Army base here in 2009 and that the semiautomatic handgun displayed by prosecutors was in fact his weapon. Major Hasan, who is representing himself after releasing his Army defense lawyers, asked only a handful of questions of the prosecution’s 12 witnesses, declining to cross-examine most of them.KILLEEN, Tex. — On the first day of his military trial on Tuesday, Maj. Nidal Malik Hasan told jurors that he was the gunman responsible for a shooting rampage at the Fort Hood Army base here in 2009 and that the semiautomatic handgun displayed by prosecutors was in fact his weapon. Major Hasan, who is representing himself after releasing his Army defense lawyers, asked only a handful of questions of the prosecution’s 12 witnesses, declining to cross-examine most of them.
At the start of the second day of the trial, on Wednesday, Major Hasan’s former lead Army defense lawyer, who sits by his side in the courtroom as his standby counsel, told the judge that Major Hasan’s goal was to receive a death sentence, and he asked to be removed from the case because helping the defendant achieve such a goal violates his ethical obligations. At the start of the second day of the trial, on Wednesday, Major Hasan’s former lead Army defense lawyer, who sits by his side in the courtroom as his standby counsel, told the judge that Major Hasan’s goal was to receive a death sentence, and that helping him achieve that goal violated his ethical obligations.
“His goal is to remove impediments or obstacles to the death penalty and is in fact encouraging or working toward the death penalty,” said the lawyer, Lt. Col. Kris R. Poppe.“His goal is to remove impediments or obstacles to the death penalty and is in fact encouraging or working toward the death penalty,” said the lawyer, Lt. Col. Kris R. Poppe.
Colonel Poppe’s request, made on behalf of Major Hasan’s entire Army legal team, caused the judge to order a recess until Thursday morning. The judge, Col. Tara A. Osborn, asked Colonel Poppe why he was making the request now. He said that Major Hasan’s opening statement, as well as his conduct during jury selection — in which Major Hasan asked few prospective jurors questions — crystallized the issue and forced him to file the motion. Colonel Poppe filed a motion asking the judge to modify the role of Major Hasan’s Army defense team. The colonel and two other Army defense lawyers assist Major Hasan in a limited capacity, guiding him through the mechanics of military law but offering no advice on his defense strategies. He asked the judge to change their role, and that of the Army paralegals who help Major Hasan, so that they are no longer required to provide any assistance to Major Hasan.
He said that aiding him even in a rudimentary way would assist Major Hasan’s goals,“which we believe are working in concert with the prosecution in achieving a death sentence.” He added, “That we cannot do.”
The request caused the judge to order a recess until Thursday morning. The judge, Col. Tara A. Osborn, asked Colonel Poppe why he was making the request now. He said that Major Hasan’s opening statement, as well as his conduct during jury selection — in which Major Hasan asked few prospective jurors questions — crystallized the issue and forced him to file the motion.
“This has got to be torture, particularly if you’re opposed to capital punishment,” Geoffrey S. Corn, a former Army prosecutor who is a professor at the South Texas College of Law in Houston, said of the defense team.
Major Hasan has been charged with killing 13 people and wounding 32 others in the attack on Nov. 5, 2009. If convicted, he faces the death penalty or life in prison without parole. For months, the judge and the former legal team have struggled with the lawyers’ role as standby counsel. Major Hasan asked the judge in May to allow him to release his lawyers. The judge granted the request, but ordered the lawyers to remain his standby counsel.Major Hasan has been charged with killing 13 people and wounding 32 others in the attack on Nov. 5, 2009. If convicted, he faces the death penalty or life in prison without parole. For months, the judge and the former legal team have struggled with the lawyers’ role as standby counsel. Major Hasan asked the judge in May to allow him to release his lawyers. The judge granted the request, but ordered the lawyers to remain his standby counsel.
The lawyers had worked on his case for three years and had not only helped Major Hasan keep his beard — which became a focus of his pretrial hearings — but also persuaded a military appeals court to remove the previous judge because of an appearance of bias. After the trial began, the lawyers have assisted Major Hasan in a limited capacity, guiding him through the mechanics of military law but offering no advice on his defense strategies. The lawyers had worked on his case for three years and had not only helped Major Hasan keep his beard — which became a focus of his pretrial hearings — but also persuaded a military appeals court to remove the previous judge because of an appearance of bias.
Colonel Poppe told the judge on Wednesday that having the lawyers or the paralegals working for Major Hasan provide procedural assistance or other help would assist his goals, “which we believe are working in concert with the prosecution in achieving a death sentence. That we cannot do.” Colonel Poppe’s motion was not a request to withdraw from the case. He told the judge on Wednesday that the lawyers stand ready to resume their defense of Major Hasan should he change his mind about representing himself and request that they return, or if the court ordered them to return.
He told the judge that the lawyers stand ready to resume their defense of Major Hasan should he change his mind about representing himself and request that they return, or if the court ordered them to return.
Major Hasan, who sat next to Colonel Poppe as he spoke, said he disagreed with the colonel. “That’s a twist of the facts,” Major Hasan said of Colonel Poppe’s statement that he was seeking the death penalty. Major Hasan wanted to elaborate, but the judge prevented him from doing so, asking that the courtroom be cleared. She held a closed session with Major Hasan and his standby counsel before deciding to call a recess until Thursday.Major Hasan, who sat next to Colonel Poppe as he spoke, said he disagreed with the colonel. “That’s a twist of the facts,” Major Hasan said of Colonel Poppe’s statement that he was seeking the death penalty. Major Hasan wanted to elaborate, but the judge prevented him from doing so, asking that the courtroom be cleared. She held a closed session with Major Hasan and his standby counsel before deciding to call a recess until Thursday.
It remained unclear why Major Hasan chose to split from his lawyers and why he wanted to represent himself. He has become the only defendant in recent history to represent himself in a military capital-punishment case, raising potential appellate-court issues if he is convicted and sentenced to death.It remained unclear why Major Hasan chose to split from his lawyers and why he wanted to represent himself. He has become the only defendant in recent history to represent himself in a military capital-punishment case, raising potential appellate-court issues if he is convicted and sentenced to death.
Prosecutors and the testimony of witnesses suggested that Major Hasan did not expect to survive the shooting rampage. The morning of the attack, he told people at the Killeen Islamic Center that he was going away and bid them farewell.Prosecutors and the testimony of witnesses suggested that Major Hasan did not expect to survive the shooting rampage. The morning of the attack, he told people at the Killeen Islamic Center that he was going away and bid them farewell.
“He told the congregation that he was going home,” said Pat Sonti, who had attended the mosque and who testified on Tuesday. Major Hasan told another person at the mosque that he was going on a journey.“He told the congregation that he was going home,” said Pat Sonti, who had attended the mosque and who testified on Tuesday. Major Hasan told another person at the mosque that he was going on a journey.
“This has got to be torture, particularly if you’re opposed to capital punishment,” Geoffrey S. Corn, a former Army prosecutor who is a professor at the South Texas College of Law in Houston, said of the defense team. “But if she lets them off the case, and a week from now Hasan says, ‘I changed my mind, I want a lawyer,’ what can she do?” he said, referring to the judge, Colonel Osborn. “She’s got to declare a mistrial. She has to have them there as a backup in case he says ‘I need help.’ ” Colonel Poppe’s request posed several problems for the judge. She said the motion and documents submitted with it appeared to contain privileged information between Major Hasan and a defense expert, a jury consultant. The material was submitted to the prosecution, but the judge ordered the materials sealed and instructed prosecutors to return them to her immediately.
Colonel Poppe’s request posed other problems for the judge. The motion and documents submitted with it appeared to contain privileged information between Major Hasan and a defense expert, a jury consultant. The material was submitted to the prosecution, but the judge ordered the materials sealed and instructed prosecutors to return them to her immediately.
Military law experts said releasing privileged information to the prosecution raised the prospect of a mistrial, though they said it was unlikely that Colonel Osborn would declare one. The Army’s lead prosecutor, Col. Michael Mulligan, told the judge that he read the motion but that neither he nor the other prosecutors looked at the enclosures.Military law experts said releasing privileged information to the prosecution raised the prospect of a mistrial, though they said it was unlikely that Colonel Osborn would declare one. The Army’s lead prosecutor, Col. Michael Mulligan, told the judge that he read the motion but that neither he nor the other prosecutors looked at the enclosures.
The judge asked Major Hasan if he wished to release the information regarding jury selection, and he replied that he did not. The jury consultant, Jeffrey Frederick, was to help Major Hasan select a jury, but he was not present during selection. Rather, he was at Fort Bragg on another case.The judge asked Major Hasan if he wished to release the information regarding jury selection, and he replied that he did not. The jury consultant, Jeffrey Frederick, was to help Major Hasan select a jury, but he was not present during selection. Rather, he was at Fort Bragg on another case.
The judge had offered to delay jury selection so Mr. Frederick could be there, but Major Hasan declined, according to the San Antonio Express-News.The judge had offered to delay jury selection so Mr. Frederick could be there, but Major Hasan declined, according to the San Antonio Express-News.