More than three years after the deadly shooting rampage at Fort Hood, an Army psychiatrist may soon describe details of the terrifying attack for the first time, if he’s allowed to plead guilty to lesser charges.
Maj. Nidal Hasan would be required to describe his actions and answer questions about the Nov. 5, 2009, attack on the Texas Army post if the judge allows him to plead guilty to the lesser charges, as his attorneys have said he wants to do.
Any plea, which could happen at the next hearing in March, won’t stop the much-anticipated court-martial set to begin May 29. He faces the death penalty or life in prison without parole if convicted of 13 counts of premeditated murder.
Under military law, a judge can’t accept a guilty plea for charges that carry the death penalty. Hasan’s lawyers have said he is ready to plead guilty to charges of unpremeditated murder, which don’t carry a possible death sentence, as well as the 32 attempted premeditated murder charges he faces.
If the judge, Col. Tara Osborn, allows him to plead guilty, she will hold an inquiry in which Hasan must discuss the attack. If he says anything that isn’t consistent with what happened or indicates he isn’t truly acknowledging his guilt, the judge would stop the hearing and not accept his guilty plea, according to military law experts. He is not required to apologize or say that he is remorseful.
Some military law experts say it’s a legal strategy designed to gain jurors’ sympathy so that they might not sentence him to death if he’s convicted later.
“The judge has to make sure he’s pleading guilty willingly and that this isn’t a ploy,” Jeff Addicott, director of the Center for Terrorism Law at St. Mary’s University in San Antonio, said Friday.
A Senate report released in 2011 said the FBI missed warning signs about Hasan, alleging he had become an Islamic extremist and a “ticking time bomb” before the attack at Fort Hood. It’s unclear if Hasan would discuss his motivation, but the judge must determine if he is sincere in pleading guilty or is simply trying to avoid the death penalty, said Addicott, who is not involved in Hasan’s case.
Addicott said the judge will be even more thorough during the inquiry because Hasan is a psychiatrist who is “highly intelligent and knows how …read more
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