With death penalty on the table, judge won't let Fort Hood suspect plead guilty
FORT HOOD, Texas (AP) — 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.
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.
Why is he still wearing the hair on his mug? The judge said he wanted him shaved.. Pick Me I will shave him.
I can't beleive he still has the beard. He was a muslim before he killed and he did not have his beard, why is it religious oppression to make him shave it now. They should hold him down and shave him...then execute him.
Just send him to firing squad,don't waste our times and tax dollars for this POS !
When is the "civilian" world going to understand and comprehend MILITARY laws are NOT the SAME as CIVIL laws... and they can NOTÂ be for our military system to work.
I am sick and tired of news, ANY news station that is SO CLOSE to the military but doesn't bother to UNDERSTAND its military and REPORT CORRECTLY!!!!
It's NOT that he "WON'T" he "CAN NOT ACCEPT IT UNDER THE UCMJ" that is the LAW.
Why is the military always at fault for their laws when they are there to protect those who might not be able to protect themselves? Not in this case, no, but so? SO????
Doesn't matter what he pleads, he's guilty (yes, assumption of guild not assumed!!! but facts ARE facts) and he will pay for murdering defenseless people who would have been and SHOULD have been armed EVENÂ IN THEIR BEDS as far as I am concerned!!!
I remember when this story just came out, this man had everything going for him, good education (he's a doctor), very intellegent (he's a psychiatrist), very handsome, a good career (he's an Army Officer), obtain his medical degree at Harvard. I don't understand why a very intellegent person ruined his life and sacrifice everything good in his life just because of his religious beliefs, not to mention those people he killed and those families who were affected by  it. i looked at his picture now and i think he realized the mistakes he had done to himself. The handsome face he once possess is now gone. I believe this guy is only in his early 30's but now he looks like he's in his 60's.Â
@michael-kawahara perhaps religious beliefs have nothing to do with his actions. perhaps, as is done so often around the world, people cite religion to excuse their violent, hateful and immoral actions.  and here in the west we are buying it.  while i am not a student of world religions, i find it very difficult to believe that the God of Islam condones these acts.Â
@michael-kawahara One word. Zealot
Obama has kept this terrorists attack off his record of a home land terrorist attacks by calling it work place violence. CONTROL OF WORDS WE USE IS HIS GAME
All you chumps saying "just execute him". I'm glad you are all a bunch of nancy commenters. I'd rather the people actually running the this country might be interested in finding out how much,of a liar he is.....
@geo liquor You use terms like "nancy", "wanker"....etc. Piers? GO HOME you worthless British...........sorry. My inner Ted Nugent came out for a minute. :)
Oh, so claims he's an Islamist terrorist. No need to dig deeper. Just execute him. I see.
Glad you dummys don't run run this place,...
That's sensational!
The judge needs to be billed the entire cost of the trial.
You guys are all idiots. Execute him???! I say torture him and get all the info we need.
So this guy was an army psychiatrist, not engaged in combat, and did this? Well, if he is guilty as charged, off with his head, I say.
The judge cannot accept a guilty plea in a death penalty case. Â It's the law under military code. Â It's not that the judge won't, it's that he can't.
@Nanamamabjm If you pleaded guilty to a charge that held the death penalty, is that suicide? If, bear with my round about logic here... if he commits suicide for his cause doesnt he get all those virgins? Why enable him, keep him alive and make him suffer.
Talk about taking all the fun out of it.... jeez....
He looks like such a nice guy..
Just execute this punk and get it over with. He's wasting time and air.
@Takamine Lots of money to be made defending and prosecuting this guy, hmmmmmm whos paying for it?
@Takamine
Yeah. Just execute him. A higher ranking official. No need to try and figure out what went wrong there. You are an idiot takamine. Plain and simple......
@geo liquorWhat went wrong there ? Â Are you serious ? Â What when "wrong" as you put it, is he is an Islamic Terrorist
@Takamine @Gaikokujin @geo liquor Control yourself, remember not to engage in a battle of wits with an unarmed opponent... It just isnt sporting at all...
@Gaikokujin @geo liquor Lookout!!! Another troll!!!! (the ones that usually result in making me have to create a new entity) lol. Yet......they are allowed to stay and torment.
@geo liquor you sir or mam are delusional
@geo liquor  Really?  So you are saying he is not an Islamic Terrorist?
@geo liquor You seem to have a relatively small vocabulary...Â
@Gaikokujin @geo liquor
You are also a huge idiot.
@geo liquor Coming from you? Thank you. Makes being an idiot a compliment. This toolshed killed soldiers. At home. He deserves to die. No American soldier deserves to be ambushed by one of their own, and killed on American soil. Period. This man is a coward and a punk. If you want to idolize him, go for it.
I love every thing you said here. Being in hostile country is a terrible feeling When I see the American Flag on American soil I feel safe this Pig.. murdered our troops. Now some one torture then exterminate it.
@geo liquor Somebody forgot to take their happy pills, wow, have a bit of an anger management problem? Well, dont worry, admitting it is the first step.Â
@geo liquor You already said that...
@Takamine @geo liquor
You are a idiot
First. And guns are for weenie wanking wussies.