Judge won't let Fort Hood suspect plead guilty | TigerDroppings.com

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idlewatcher
LSU Fan
Houston
Member since Jan 2012
9388 posts

Judge won't let Fort Hood suspect plead guilty



Nidal Hassan charged with 13 counts of premeditated murder

FORT HOOD, Texas -

An Army psychiatrist accused of going on a shooting rampage at Fort Hood in 2009, will not be able to plead guilty to any of the charges, according to the judge.

Maj. Nidal Hasan wanted to plead guilty to 13 counts of premeditated murder. But Army rules prohibit a judge from accepting a guilty plea to charges carrying the death penalty.

Hasan's attorneys still had asked the judge, Col. Tara Osborn, to let Hasan plead guilty to lesser charges of unpremeditated murder. He still would have gone to trial in May and faced a possible death sentence if the judge had allowed the plea.

But Osborn said Wednesday that Hasan will not be allowed to plead guilty even to the lesser charges.

Our country is so weird sometimes

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What's up with that? Did the judge deem him unfit or something?







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SundayFunday
LSU Fan
Member since Sep 2011
4854 posts

re: Judge won't let Fort Hood suspect plead guilty


That does not make any fricking sense. Committing a crime like that while in the military should Definitely carry the death penalty.



EDIT: Unless that rule is there for people to avoid taking the easy way out by accepting a quick death.



This post was edited on 3/21 at 11:41 am


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CarrolltonTiger
LSU Fan
New Orleans
Member since Aug 2005
46304 posts

re: Judge won't let Fort Hood suspect plead guilty


quote:

to let Hasan plead guilty to lesser charges of unpremeditated murder.



Probably because it wasn't unpremeditated and he desrves to be convicted of what he actually did. There is nothing unusual here.



This post was edited on 3/21 at 11:42 am


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brewhan davey
USA Fan
Audubon Place
Member since Sep 2010
25664 posts

re: Judge won't let Fort Hood suspect plead guilty


quote:

That does not make any fricking sense. Committing a crime like that while in the military should Definitely carry the death penalty.


It does. But for some reason Army procedural rules don't allow for guilty pleadings to crimes that carry a death sentence.






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foshizzle
LSU Fan
Washington DC metro
Member since Mar 2008
30157 posts

re: Judge won't let Fort Hood suspect plead guilty


Keep in mind he's being tried under the Uniform Code of Military Justice, which is not quite the same as civilian law.





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PuntBamaPunt
Vanderbilt Fan
Member since Nov 2010
6730 posts

re: Judge won't let Fort Hood suspect plead guilty



FORT HOOD, Texas — An Army psychiatrist will not be allowed to plead guilty to any charges in the deadly 2009 Fort Hood shooting rampage, a judge ruled Wednesday.

Maj. Nidal Hasan's attorneys previously said he was ready to plead guilty to the 13 counts of premeditated murder he faces in the worst mass shooting on a U.S. military installation, but Army rules prohibit a judge from accepting a guilty plea to charges that carry the death penalty.

Defense attorneys then asked that Hasan be allowed to plead guilty to 13 counts of unpremeditated murder, which does not carry the death penalty.

No guilty pleas would have stopped his murder trial or possibility of being sentenced to death.

But the judge, Col. Tara Osborn, ruled Hasan cannot plead guilty to those lesser charges or the 32 counts of attempted premeditated murder that he also faces. He still would have been tried on the premeditated murder charges, so pleading guilty to the attempted premeditated murder charges could have been used against him at trial, Osborn said.

She also said he would not be allowed to plead guilty to unpremeditated murder and unpremeditated attempted murder, because that "would be the functional equivalent of pleading guilty to a capital offense." A capital offense is a charge that carries the death penalty.

Hasan's court-martial is to start with jury selection May 29 and with testimony July 1 on the Texas Army post.

Some military law experts have suggested Hasan wanted to plead guilty to lesser charges to try to avoid a possible execution, with defense attorneys hoping at least one juror would have seen Hasan's guilty pleas as a sign of remorse. Unlike other military trials, a jury's decision for a death sentence must be unanimous.

After hearing several hours of testimony Wednesday, Osborn also said she would consider whether to allow a terrorism consultant to testify at the trial. Prosecutors said Evan Kohlmann's testimony and report on Hasan would show motive. But defense attorneys said Hasan isn't charged with terrorism, so Kohlmann's testimony would be prejudicial to the military jury.

Read more: LINK






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SundayFunday
LSU Fan
Member since Sep 2011
4854 posts

re: Judge won't let Fort Hood suspect plead guilty


Could he then still get the DP by pleading Not guilty?





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brewhan davey
USA Fan
Audubon Place
Member since Sep 2010
25664 posts

re: Judge won't let Fort Hood suspect plead guilty


Absolutely. If the court convicts him.

Eta: that's generally how a criminal case gets to trial..by a not guilty plea



This post was edited on 3/21 at 11:49 am


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Zahrim
Colorado Fan
McCamey Texas
Member since Mar 2009
4545 posts

re: Judge won't let Fort Hood suspect plead guilty


UCMJ =/= Civilian Criminal Rules

He is facing the death penalty, there should be a full hearing of all the facts and circumstances and he should be judged on them and punished accordingly. I do not think he should be allowed the easy out of pleading guilty to lesser charges and only being put in prison for the rest of his life for the terrorist act he committed (even tho our dear leader wouldn't allow terrorism to be part of his charges)

I hope he is given the death penalty and enjoys that special circle of hell he deserves to be in because there sure as shite isn't 99 virgins waiting for his gimp ass.

What is the UCMJ death penalty? Firing squad? I hope it is painful and slow, what ever it is for this piece of shite.






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SundayFunday
LSU Fan
Member since Sep 2011
4854 posts

re: Judge won't let Fort Hood suspect plead guilty


Oh ok well good. I dont know much about how criminal trials proceed but for a second it sounded like he couldnt get the death penalty.





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trackfan
LSU Fan
Baton Rouge
Member since Sep 2010
17932 posts

re: Judge won't let Fort Hood suspect plead guilty


That's a crazy rule. Civilians can plead guilty to capital offenses, but not soldiers?






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idlewatcher
LSU Fan
Houston
Member since Jan 2012
9388 posts

re: Judge won't let Fort Hood suspect plead guilty


quote:

PuntBamaPunt


Thanks for the update






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CajunAngele
LSU Fan
Member since Oct 2012
11168 posts

re: Judge won't let Fort Hood suspect plead guilty


It sounds like they are reserving the death penalty for a court martial. But it is not clear if he will go to military court?

LINK

It may be because Obama labeled it as workplace violence instead of an attack, much less a terrorists attack?






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Zahrim
Colorado Fan
McCamey Texas
Member since Mar 2009
4545 posts

re: Judge won't let Fort Hood suspect plead guilty


there are alot of things soldiers cannot do that civilians can. when you volunteer to sign up to the military you give up alot of the rights you might be asked to defend during your service. I am sure there are a bunch of military folks here that can enumerate what you give up when you sign on that dotted line.

eta spellin errorz



This post was edited on 3/21 at 11:59 am


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Tiguar
South Alabama Fan
Mobile
Member since Mar 2012
6865 posts

re: Judge won't let Fort Hood suspect plead guilty


Someone told me that you're essentially property of the US Govt. when you sign on. You don't own yourself anymore.





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CarrolltonTiger
LSU Fan
New Orleans
Member since Aug 2005
46304 posts

re: Judge won't let Fort Hood suspect plead guilty


quote:

That's a crazy rule. Civilians can plead guilty to capital offenses, but not soldiers?


Why would you want death penatlies to be imposed with no evidentary hearing of guilt?

This is nothing but a ploy. His attorneys know he can't enter a pleas so they make one anyway and it is rejected, then they offer one on the lesser charge with does not have intent as an element. If that was accepted he wouldn't be executed.






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idlewatcher
LSU Fan
Houston
Member since Jan 2012
9388 posts

re: Judge won't let Fort Hood suspect plead guilty


quote:

CajunAngele


They are still referring to him as Major as well. I'm not in the military nor have I been, but I would think that is quite telling.

Either way it was premeditated and from what I've read on other sites, it will be held via a military tribunal and not civilian court.






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Godfather1
Army Fan
SE Louisiana
Member since Oct 2006
32256 posts

re: Judge won't let Fort Hood suspect plead guilty


quote:

They are still referring to him as Major as well. I'm not in the military nor have I been, but I would think that is quite telling.


He's still a Major until a court martial convicts him and strips him of his rank.






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CajunAngele
LSU Fan
Member since Oct 2012
11168 posts

re: Judge won't let Fort Hood suspect plead guilty


quote:

Probably because it wasn't unpremeditated and he desrves to be convicted of what he actually did. There is nothing unusual here.



Quite sadly, I would say it was premeditated.


quote:


According to pretrial testimony, Hasan entered the Guns Galore store in Killeen on July 31, 2009, and purchased the FN Five-seven semi-automatic pistol that he was to use in the attack at Fort Hood.[15] According to Army Specialist William Gilbert, a regular customer at the store, Hasan entered the store and asked for "the most technologically advanced weapon on the market and the one with the highest standard magazine capacity."[15] Hasan was allegedly asked how he intended to use the weapon, but said that he wanted the most advanced handgun with the largest magazine capacity.[15] The three people with Hasan—Gilbert, the store manager, and an employee—all recommended the FN Five-seven pistol.[16] As Gilbert owned one of the pistols, he spent an hour describing its operation to Hasan.[17]

Hasan left the store, saying he needed to research the weapon.[17] He returned to purchase the gun the next day, and visited the store on a weekly basis to buy extra magazines, along with hundreds of rounds of 5.7×28mm SS192 and SS197SR ammunition.[16] In the weeks prior to the attack, Hasan visited an outdoor shooting range in Florence, where he allegedly became adept at hitting silhouette targets at distances of up to 100 yards.[15]

Soldier Readiness Processing Center shootings

Bystanders take cover as shots ring out from the Soldier Readiness Processing Center.

Map of Fort Hood, with a red dot marking the Soldier Readiness Processing Center.
At approximately 1:34 pm local time, Hasan entered his workplace, the Soldier Readiness Processing Center, where personnel receive routine medical treatment immediately prior to and on return from deployment. He was armed with the FN Five-seven pistol, which he had fitted with two Lasermax laser sights: one red, and one green.[18][19] A Smith & Wesson .357 Magnum revolver (an older model) was later found on Hasan's person, but he did not use it to shoot any of the victims.[14][20]

According to eyewitnesses, Hasan had taken a seat at an empty table and bowed his head for several seconds when he suddenly stood up, shouted "Allahu Akbar!"[21][22] and opened fire.[23] Witnesses said Hasan initially "sprayed bullets at soldiers in a fanlike motion" before taking aim at individual soldiers.[24] Eyewitness Sgt. Michael Davis said: "The rate of fire was pretty much constant shooting. When I initially heard it it sounded like an M16."[25]








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trackfan
LSU Fan
Baton Rouge
Member since Sep 2010
17932 posts

re: Judge won't let Fort Hood suspect plead guilty


quote:

Why would you want death penatlies to be imposed with no evidentary hearing of guilt?

If someone is accused of doing something, and they admit to doing it, it seems reasonable to me skip all the stuff that would be required for folks who claim innocence. It's not like any of the facts are in dispute in this case. He even revealed his motives to anyone who would listen to him in the months leading up to the shooting. By the way, are you opposed to this sort of guilty plea in civilian courts?






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