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Hasan charged with 32 additional counts

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Posted: Wednesday, December 9, 2009 12:00 pm | Updated: 8:14 am, Thu Aug 16, 2012.

By Amanda Kim Stairrett and Jade Ortego

Fort Hood Herald

Maj. Nidal Malik Hasan was charged with 32 counts of attempted premeditated murder Dec. 2.

That is on top of the 13 specifications of premeditated murder announced Nov. 12 by Fort Hood officials.

Hasan, who remains hospitalized at Brooke Army Medical Center in San Antonio, is accused of killing 12 soldiers and one civilian and injuring 30 soldiers and two Fort Hood civilian police officers when he opened fire Nov. 5 at Fort Hood's Soldier Readiness Processing site.

A criminal investigation into the incident continues, according to information Monday from Fort Hood, and additional charges remain a possibility.

John Galligan, Hasan's Belton-based attorney, said several hours after the attempted premeditated murder counts were announced, that he had yet to see the charge sheet.

"I am saddened by the fact that they went and served this additional charge on my client without alerting me in advance so that I could have been down there," he said. "I complained about this when it happened the first time. They obviously don't care about my concerns."

Galligan has been critical of Army officials in their treatment of the case, and on Dec. 2 said he was waiting for return calls from the Army lawyer who preferred the charges.

"I didn't expect based on what they sent me at 8 p.m. last night that they would be doing what they did today," Galligan said Dec. 2.

"It's just to me another example of how this case is not being handled as a normal case. But by handling it as a unique case, they seem to be dispensing with the normal and customary mechanisms to ensure that you get proper pre-trial processes that lead up to a trial."

It has not yet been announced where Hasan's court-martial will take place. A pre-trial confinement review took place Nov. 21 in Hasan's hospital room to determine whether he will be jailed as part of the confinement.

Galligan said Wednesday he didn't know the court-martial's location, but he was convinced more than ever that his client would not get a fair trial at Fort Hood.

"And I now am beginning to also feel like it'll be difficult for him to get a fair pre-trial here," he added.

Hasan received initial treatment at an undisclosed local hospital and was transferred Nov. 6 to San Antonio. He is under pre-trial restriction while receiving medical care at Brooke, Chris Grey, U.S. Army Criminal Investigation Division spokesman, said Nov. 12.

Galligan said he first met with Hasan Nov. 9. Hasan was taken off a ventilator Nov. 7 and spoke to the medical staff, but refused to answer questions and requested a lawyer the next day when investigators tried to interview him, officials said.

Galligan said he was perplexed by the government's and prosecution's way of operating in Hasan's case.

"I wouldn't be the least surprised to go home tonight and learn from the news that they've moved my client from San Antonio to some undisclosed location," he added. "What happened with the way they went about serving him with the charges today is unconscionable."

Though Hasan is still in the intensive care unit, his commander asked Tuesday night for a sanity board, Galligan said.

"How do they expect to conduct a sanity board while he's in that condition, before all of the charges have been fully preferred, before all of the evidence has been turned over," Galligan said. "It's just incredible. They are just rushing to try and start the trial and convict and punish Maj. Hasan."

The 13 counts of premeditated murder and 32 counts of attempted premeditated murder are allegations only and the accused is presumed innocent until proven otherwise, read information from Fort Hood last month and Dec. 2 when the specifications were announced.

"They seem to forget: he's presumed to be innocent and he's entitled to due process," Galligan said. "I just wish they'd give it to him. I'm really sad. It's a bad day."

He said in the late afternoon of Dec. 2 that he was still waiting for Hasan to be able to call him from the hospital so he could explain to him "what the hell the Army did."

"It's wrong," Galligan said.

Contact Amanda Kim Stairrett at astair@kdhnews.com or (254) 501-7547. Contact Jade Ortego at jortego@kdhnews.com (254) 501-7553.

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