Army Charges Ft. Hood Shooting Suspect…BUT They Want Mental Exam First

Army Charges Fort Hood Shooting Suspect With 32 Counts of Attempted Murder
FOX News
FORT WORTH, Texas
An Army psychiatrist who may face the death penalty after the mass shooting at Fort Hood was charged Wednesday with 32 counts of attempted premeditated murder relating to the scores of soldiers and two civilian police officers injured in the attack, military officials said.
Maj. Nidal Hasan has already been charged with 13 counts of premeditated murder after the Nov. 5 shooting in a building at the Texas Army post where soldiers must go before being deployed. Witnesses said he jumped on a desk and shouted “Allahu Akbar!” — Arabic for “God is great!” Army officials have said he was armed with two pistols, one a semiautomatic capable of firing up to 20 rounds without reloading.
The additional charges come less than 24 hours after Hasan’s civilian attorney was notified that the Army plans to evaluate Hasan to test his competency to stand trial as well as his mental state at the time of the shooting.
John Galligan, Hasan’s attorney, told The Associated Press on Wednesday that Army officials had not returned his calls so he did not know when or where the “mental responsibility” exam would take place. Galligan said he had filed an objection to the evaluation pointing out that Hasan was still in intensive care at a San Antonio military hospital recovering from gunshot wounds that left him paralyzed.

“I’m incensed at the way the military is handling this, serving additional charges on my client when he’s in the hospital and defense attorneys are not present,” Galligan told The AP by phone from his office near Fort Hood, about 150 miles southwest of Fort Worth. “And nobody will tell me what the plans are for the evaluation.”

Authorities have received a request from Hasan’s superior for a mental exam but have not yet ordered it, said Chris Haug, a Fort Hood spokesman.

The results of the mental evaluation could prevent Hasan from being sent to death row or even being tried at all, although those scenarios are unlikely, experts say.

The exam is done by a board of mental health professionals to determine whether the suspect had a severe mental illness at the time of the crime; if so, his or her clinical psychological diagnosis; whether that prevented him from knowing at the time that his alleged actions were wrong; and if he is competent to stand trial, according to military law.

If the board decides Hasan is not competent to stand trial, he would be hospitalized until he is found competent, Stevens said.

If it deems that Hasan had a severe mental illness but did not lack mental responsibility at the time of the crime, the military must decide whether to proceed with the case or drop the charges and have Hasan discharged from the Army based on his mental illness, Stevens said.

Prosecutors likely would dismiss the case if the board determined that Hasan lacked mental responsibility, because in a trial they would be faced with trying to discredit their own military health professionals, Stevens said.

If the case goes to trial, his defense attorneys can still use the insanity defense, which is rare, Stevens said.

“He wouldn’t remain in a military facility at that point because he would have been found not guilty, so the issue now is his mental state,” Stevens said.

If a military jury were to acquit Hasan based on the insanity defense, he would be committed to a medical facility and evaluated to see if he poses a danger to society, Stevens said.

Then at a post-trial hearing, if the exam results revealed that he posed no danger, he could be released back to his Army unit, Stevens said. But the Army likely would have him discharged based on his mental illness and then he would be in the U.S. attorney general’s custody, which would also happen if he was deemed a threat, Stevens said.

The attorney general usually asks the state to take over and place him in a mental facility, according to military law. If the state refuses, the attorney general would have him confined to a federal facility.
It’s unclear if such a defendant would ever be released, but his case likely would be governed by the rules of the state or federal system on involuntary commitments.
Authorities have not said if they plan to seek the death penalty. If they do, and Hasan is convicted and receives that punishment, he would be sent to death row at the military prison in Fort Leavenworth, Kan.

Attorney John Galligan represents suspected Fort Hood killer Maj. Nidal Hasan
Army wants mental exam to determine if suspected Fort Hood killer Nidal Hasan is fit to stand trial
FORT WORTH, Texas
The military plans a mental evaluation to determine whether the Army psychiatrist charged with killing 13 people at Fort Hood knew his alleged actions were wrong and whether he’s competent to stand trial, his civilian attorney said Tuesday.

Attorney John Galligan said he received notice Tuesday night from Maj. Nidal Hasan’s captain that the military likely will issue a “mental responsibility exam” order Wednesday. The notice did not indicate when or where the exam, which is done by what the military calls a sanity board, will take place, Galligan said.

“Given the magnitude and seriousness of the crimes alleged … such alleged conduct makes me believe … that the accused lacks mental responsibility and capacity,” Capt. J. Huber wrote in the notice sent to Galligan.

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Wild Thing’s comment……..
I sure as heck do not like all these IF’s!
They better start asap using the word terrorist and Muslim when they speak about Nidal Hasan, because that is exactly what he is.
He should also be charged with treason.
They STILL will not call this person a terrorist.GRRRRRRR And now we have to hear about how these terrorists might get off if they flunk a mental exam. My guess is it would be very easy to do an acting job and play a nut case. Heck just sit there and talk to yourself and answer and pretend to hear voices. Jerk your head around a little not unlike Obama in his speechs. And there would be tons of physical things a person could do too., rock back and forth, keep looking over your shoulder, so many things.
What happened to learning about the enemy?? Don’t they even try to learn what Islam is about and the agenda for the entire world??? It is all over the internet, books and radio. Sheesh!
PC has drawn a line in the sand and the time of the world before PC had some sanity. The side of the line after PC has taken over is totally out of control.
I have to wonder if this terrorists had gone into Congress and killed all the democrats if they still would call him a suspect and say maybe he needs a mental exam. Or would they FINALLY call him a terrorist! Just asking.

….Thank you Mark for sending this to me.
Mark
3rd Mar.Div. 1st Battalion 9th Marine Regiment
1/9 Marines aka The Walking Dead
VN 66-67