• November 24, 2014

Judge limits use of victims photos in Hasan's trial

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Posted: Friday, July 26, 2013 4:30 am | Updated: 2:13 pm, Thu Jan 23, 2014.

FORT HOOD — The military judge in the case of Maj. Nidal Hasan questioned whether prosecutors should present some of the more gruesome and evocative items they intend to use in the upcoming capital murder trial of the accused Fort Hood shooter.

The mountain of evidence against Hasan, the 42-year-old Army psychiatrist accused of carrying out a Nov. 5, 2009, shooting spree on post that killed 13, includes more than 400,000 pages of discovery.

Presiding judge Col. Tara Osborn said Thursday some of the items could be prejudicial against Hasan and sway a jury toward a guilty verdict despite having little to do with whether he is guilty or innocent.

Osborn only ruled on a small portion of the evidence, prohibiting the prosecution from showing “in life” photos of the victims during opening statements. She previously ruled the prosecution cannot show a crime scene video during that same phase.

“It only increases the possibility that the panel will rule based on sympathy and not on the merits,” Osborn said.

Hasan did not challenge the inclusion of the photos or the numerous other pieces of evidence reviewed during the hearing. However, he did agree with the judge that use of autopsy photos should be used as little as possible.

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

The judge questioned the usefulness of some of the more macabre evidence, including hundreds of autopsy and crime scene photos, an eight-minute video of the scene and a dashboard camera video in which lead prosecutor Col. Mike Mulligan said a gunfight between Hasan and Fort Hood police can be overheard.

Prosecutors also wish to play a 911 phone call in which the dying breaths of Pfc. Michael Pearson can be heard, and show photos of victims with times of death written in marker on their foreheads by a sergeant performing triage at the scene of the mass shooting.

“There is a lot of blood in these pictures,” Mulligan said. “Forty-five were shot and 13 died. Many of them never left the building. You can’t be protective to what happened there. It is prejudicial, but it’s not unfairly prejudicial. It shows what (Hasan) did.”

Hasan told the court he would be willing to concede several facts.

“That would save a lot of time in showing pictures of people I killed,” he said.

Prosecutor Col. Steve Henricks said allowing Hasan to stipulate that would be “dangerously close” to pleading guilty.

Hasan’s next hearing is Wednesday. There will be a final pretrial hearing Aug. 5 to seat a jury. Testimony will begin Aug. 6.

A jury of 13 officers, ranging from major to colonel, was selected for the case. If they unanimously find Hasan guilty, he could face execution.

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4 comments:

  • SANCOCHO posted at 8:31 am on Sun, Jul 28, 2013.

    SANCOCHO Posts: 7

    THIS SCUM STILL PLAYING WITH THE SYSTEM...WHEN AN AMERICAN SOLDIER KILLS CIVILIANS (MOST OF THE TIMES BY ACCIDENT)WHEN THEY ARE PROTECTING OUR COUNTRY THEY GO TO A TRIAL AND GET PROSECUTE AND LIFE IN PRISON IN ABOUT 2 0R 3 MONTHS EASY.....BUT THIS TERRORIST IS GETTING ALL THIS PRIVILEDGES FIRST THE BEARD....THEN THE UNIFORM...THEN THE LAWYERS......A LOT A TRICKS ..TO DELAY THE TRIAL....AND THIS SCUM STILL GETTING PAY......IWILL BE SO HAPPY WHEN THIS CRIMINAL GET EXECUTE I WILL CELEBRATE IT......HE KILLS 13 INOCENT PEOPLE THE FAMILY OF THOSE DESERVE RESPECT AND ALL THE AMERICANS ALSO ....PLEASE ELIMINATE THIS SCUM

     
  • Smithjr38 posted at 12:10 pm on Sat, Jul 27, 2013.

    Smithjr38 Posts: 114

    What Hansen falls to see is that the Muslim Religion is a clone of the bad viruses that invade our bodies to kill us and in the end kill them selves.(ie they are on a suicide mission just as Hansen was)

    The medical profession should rename those suicide viruses to the Muslim Viruses

    But the good lord in his wisdom provided us with good viruses whom main job is to keep us alive by profiling all foreign germs coming into our bodies and if they meet the profile of the Muslim Virus kill it before it kills the good virus and us.

    So Jury do your duty and kill that Muslim virus .

    Yes you will get on Obama s*** list as he supports the bad virus in destroying us. Remember Obama and Holder both used to lay on the floor and kick with joy as they said AMEN to Rev Wrights sermon of G** dam America Thus Obama and Holder are bad virus for the USA.

    But in 2016 The Good virus will speak when we the people will soon vote out of office all the Obama Virus lovers. And you in the Jury will then be seen as doing your duty to wipe out bad viruses..
    Jury we normal people whom want to remain healthy will thank you all for killing that bad virus

     
  • Fran posted at 2:49 pm on Fri, Jul 26, 2013.

    Fran Posts: 54

    All this delay after delay in starting this trial has to be a laughable matter to enemies of this country. Or, is it all about political correctness and hasan being a muslim?
    Now, after years people want to stop him from receiving Army pay...well, all the
    retirees around here know, the pay continues until the soldier is convicted. Too much
    smell of politics in how this has been dragged out...who's really directing this?

     
  • 7gentxn posted at 12:49 pm on Fri, Jul 26, 2013.

    7gentxn Posts: 32

    THIS TREASONOUS SCUM SHOULD HAVE ALREADY BEEN HANGED!!!

     

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