Last Updated:November 25 @ 06:33 pm

Fort Hood judge to rule on photos of Hasan shooting

By San_Antonio_Expr

FORT HOOD -- Prosecutors in the murder trial of Maj. Nidal Hasan plan to use 124 autopsy photos, crime scene and police dash-cam videos, and 911 recordings to illustrate the mayhem of Nov. 5, 2009, the worst mass shooting on a U.S. military installation.

Hasan, an Army psychiatrist, faces execution or life in prison without parole if convicted of 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the case. He is acting as his own attorney in the court-martial.

Military judge Col. Tara Osborn did not rule Thursday on most of the issues still pending about what evidence will be shown to a panel of officers when the trial begins next month.

Osborn said the government cannot show "in life" photos of the 13 people killed in the shooting as part of its opening statement, set for Aug. 6.

She also directed the prosecution to crop out images of private areas and open eyes or mouths in the color autopsy photos, unless there is relevance to showing those images to the jury.

Hasan remained polite during the hearing, and made few objections to the government's proposed evidence. He said he agreed that the autopsy photos they present should not be excessively graphic or demeaning.

"As long as they do their best to preserve the dignity of the dead, I have no objections," he said.

In a nearly two-hour hearing Thursday, Osborn discouraged the prosecution from presenting photos and other evidence that were duplicative, irrelevant or likely to cause the jury to rule unduly out of sympathy and not the merits of the evidence.

While discussing an 8-minute crime scene video, Osborn asked why it was needed to augment diagrams and photos.

"It is not unfairly prejudicial. It is what he (Hasan) did," Col. Michael Mulligan, lead prosecutor, told the judge.

"There were 146 shell casings in the building," he said. "We have tried to be fair in our prosecution."

Government lawyers said the video, in corroboration with other evidence, is necessary to establish the identity of the victims and the timing and depth of events.

The government wants to present 124 of 1,257 autopsy photos to jurors. Of the 1,100 photos taken inside the deployment readiness processing center where the shooting began, it has asked to show 28 photos, including 10 of the deceased victims.

Hasan withdrew a motion presented by the defense last week when stand-by counsel Lt. Col. Kris Poppe argued that the government must provide a written summary of all planned testimony by victims' surviving family members.

Of the 13 people killed, the government has indicated it plans to call one relative of each of 10 of the victims, and two family members of each of the other three

Osborn directed the government to shut off a closed-circuit television feed to an anteroom where witnesses will be waiting. She said a mistrial had been declared in a case at Fort Bragg, N.C., where closed-circuit TV tainted the legal process.

She also prohibited the display of images on a large screen in the courtroom, which has 18-inch monitors throughout, without her permission.


(c)2013 the San Antonio Express-News

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  1. reelmanComment by reelman
    July 27, 2013 @ 9:13 am

    So where are the hollyweird rants against this sick cult mass murderer?

    Why is he still be paid?

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    • teufelhundeComment by teufelhunde
      July 27, 2013 @ 2:17 pm

      Lets see…he was stopped in the heinous act of mass shooting soldiers on a military installation and it’s going on four(4)years now this scumbag is still breathing. That was an act of war and treason by this low-life and he should have been tried and executed on the spot.

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  2. Pingback: News – Top Stories » Fort Hood shooting suspect to Fox News: US at war with Islam, regrets serving in … – Washington Post

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  6. rogertaylorjdComment by rogertaylorjd
    July 27, 2013 @ 10:38 am

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  7. rogertaylorjdComment by rogertaylorjd
    July 27, 2013 @ 3:37 pm

    Right on, devildog, but instead they spent 4 year and over $4 million to heal him up for his showtrial – I sure hope whatever they have planned is worth it. But the signs aren’t good – they let him call Al Jazeera (the Muslim New York Times) while he was in prison. Then he releases this new message directly to Fox News, presumably on orders from his buddies overseas. So I think we should be careful not to take his bait (“The US is at war with [all of] Islam…”) – we have to say no, we are at war with just the extremist murdering terrorizing nutjobs like Hasan, NOT with all of Islam. And like you said, wrap this **** up and execute the sick SOB. Pronto

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  8. arwenusaComment by arwenusa
    July 27, 2013 @ 7:41 pm

    They actually asked Hasan his opinion on showing the photos?

    And I understand the judge ordering that “private areas” be blocked out, but why should Hasan’s crime be whitewashed by blocking open eyes and mouths of the massacred victims? Why shouldn’t the jury know the whole horror of this event, and of the monster himself?

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    • rogertaylorjdComment by rogertaylorjd
      July 28, 2013 @ 1:08 pm

      Yes, he’s “pro se,” serving as his own lawyer, so he gets to pretend he’s a lawyer as well as a psycho and tell them what evidence he wants excluded as “inadmissible,” or too prejudicial – anything that might make the jury mad and want to jump up and pull the colostomy bags out of his sorry ***…
      evidently someone wants him to be judged on his eloquent statements on his devotion to the Quran, Islam, the Taliban and the Mujahedeen, just like he did all through his years as an Army psychiatrist. Whenever assigned a study project or presentation, Hasan always just showed up and talked about Islam. Whenever he actually had patients, he would call them murderous infidels that are going to hell because they fought aggainst Muslims. That’s how he treated Army soldiers as their official Army doctor! And they didn’t fire him, THEY PROMOTED HIM! Everyone was too afraid to complain about him because he was a Mulim American soldier, a “protected class” now, and were afraid THEY would be the ones demoted or maybe kicked out of the Army. EVERYONE, call or write your Congresspeople tomorrow and SCREAM about this. Our Army and our country is going to hell in a handbasket because of sh*t JUST LIKE THIS! Demand that they execute this treasonous murderous enemy of our state and be DONE with it. At LEAST stop letting him call up Al Jazeera and issue whatever statements of propaganda that he wants anytime he wants. THIS IS INSANE, people.

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