June 22, 2018
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Fort Hood shooter rests defense case without calling witnesses

HANDOUT | Reuters
HANDOUT | Reuters
Nidal Hasan, charged with killing 13 people and wounding 31 in a November 2009 shooting spree at Fort Hood, Texas, is pictured in an undated Bell County Sheriff's Office photograph. Hasan rested his defense case in his court-martial August 21, 2013 without calling any witnesses to testify.
By Karen Brooks and Jana Pruet, Reuters

FORT HOOD, Texas — The U.S. Army psychiatrist accused of killing 13 fellow soldiers and wounding 31 others in a rampage at Foot Hood, Texas, in 2009 rested his defense case in his court-martial on Wednesday without calling any witnesses to testify.

Major Nidal Hasan, acting as his own defense attorney, has remained largely passive in court since telling the jury in opening arguments, “The evidence will clearly show that I am the shooter.”

Military judge Colonel Tara Osborn set closing arguments for Thursday and asked Hasan if anyone had forced him into his decision to dispense with witnesses and rest his case. “No, ma’am,” he replied.

On Tuesday, military prosecutors rested their case in the capital murder court-martial of Hasan, an American-born Muslim who said he switched sides in what he considered a U.S. war against Islam.

The shooting rampage on Nov. 5, 2009, came at a time of heightened tensions over the American-led wars in Iraq and Afghanistan, which strained relations between the United States and countries with predominantly Muslim populations.

Anwar al-Awlaki, a U.S.-born cleric linked to al Qaeda’s Yemen-based wing, praised Hasan as a hero and “a man of conscience.” U.S. intelligence officials say Hasan had sent emails to Awlaki, who was killed by a U.S. drone strike in 2011. The judge blocked those emails from being submitted as evidence in the trial.

Prosecutors opted against bringing terrorism charges against Hasan, who could face the death penalty if all 13 officers on the jury find him guilty of premeditated murder.

The judge said she would rule later on Wednesday whether to give the jury the option of considering lesser offenses such as voluntary manslaughter or aggravated assault.

Prosecutors called 89 witnesses in two weeks of testimony, with many describing in horrific detail the bloodbath in and around a medical building at Fort Hood.

Hasan, 42, passed up an opportunity on Tuesday to move for an immediate not-guilty verdict, which is within a defendant’s rights after the prosecution has rested.

Hasan faces 13 counts of premeditated murder and 32 counts of premeditated attempted murder for the 31 people injured plus one he shot at and missed.

He told mental health evaluators he wanted to become a martyr, court documents show. Lawyers assisting him say he is seeking the death penalty, but he has disputed that claim.

Shot by police during the incident, he is paralyzed from the waist down and attends court in a wheelchair. He has requested frequent breaks in the testimony for rest and for prayer.


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