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  • 1
    day
    ago

    Accused Fort Hood gunman's request for a trial delay denied

    By Matthew DeLuca and Elizabeth Chuck, NBC News

    Bell County Sheriff's Office / 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.

    An Army psychiatrist accused of killing 13 and wounding nearly three dozen others at a Fort Hood, Texas, military post in 2009 has been denied a trial delay by a judge.

    Major Nidal Hasan, 42, who has been allowed to represent himself, had requested a three-month postponement to his trial so he could prepare more. Military Judge Col. Tara Osborn refused the request Tuesday, and said jury selection was set for July 9 and was expected to last for four weeks; testimony will start Aug. 6 at the earliest. 

    Hasan's court martial has been sidetracked numerous times by questions over his legal representation and the beard he has, which violates military dress code. Opening statements had been scheduled to begin on July 1.

    Most of those killed in the shooting four years ago at Fort Hood, a staging base for deployments to Iraq and Afghanistan, were military personnel. Hasan was shot four times by civilian police after the attack.

    Hasan, who was born in the U.S. and is Muslim, could face the death penalty in the trial. He has been charged with 13 counts of first-degree murder; 32 others were wounded.

    Osborn ruled last week that Hasan could not use as a defense that he carried out the base shooting in an attempt to protect Taliban leaders in Afghanistan.

    According to witnesses, a gunman in an army combat uniform opened fire in a packed medical building on Nov. 5, 2009, stopping only to reload his weapon. 

    None of the victims posed an “immediate imminent threat” to Taliban personnel in Afghanistan, the judge said.

    Although Hasan is representing himself, Osborn ordered his three former defense attorneys to remain on the case and to offer assistance to him if he requests help.

    Hasan's trial was initially slated for March 2012, but was delayed twice because defense attorneys said they needed more time to prepare. It was delayed a third time last fall when Hasan appealed an order from then-judge Col. Gregory Gross that his beard be forcibly shaved if he didn't remove it before his trial. 

    Gross was ousted from the case and his order was thrown out, and court proceedings resumed in December with the current judge.

    The Associated Press and Reuters contributed to this report.

    Related:

    • Fort Hood suspect, defense attorneys at odds
    • Judge bans Fort Hood suspect's defense strategy
    • Judge rules Fort Hood suspect can represent himself

    202 comments

    Three years to prepare is quite sufficient. Try him and execute him. Then give the killed and wounded the recognition they deserve. Purple Hearts and the benefits that come from being wounded by an enemy combatant.

    Show more
    Explore related topics: iraq, texas, afghanistan, taliban, shooting, fort-hood, nidal-hasan
  • 6
    days
    ago

    Fort Hood gunman Nidal Hasan banned from arguing he was defending the Taliban

    Bell County Sheriff's Office via Reuters

    Maj. Nidal Hasan, charged with killing 13 people in a November 2009 shooting spree at Fort Hood, Texas, in an undated Bell County Sheriff's Office photo.

    By M. Alex Johnson, staff writer, NBC News

    A military judge barred Army Maj. Nidal Hasan on Friday from arguing at his court-martial that he was legally acting to protect Taliban leaders when he killed 13 people and injured 32 others in a shooting spree at Fort Hood, Texas, in 2009.

    Hasan, who's representing himself, has said the shootings were a premeditated "defense of others" to safeguard Mullah Mohammed Omar and other Taliban leaders in Afghanistan from attacks by the U.S. military.

    Hasan, 42, a Muslim-American Army psychiatrist, faces the death penalty if he is convicted in the Nov. 5, 2009, shootings.

    The judge, Col. Tara Osborn, said Friday that Hasan's argument "fails as a matter of law" and barred him from alluding to it in any way because the legitimacy of U.S. involvement in Afghanistan is "a non-justiciable political question not before the court," the Killeen Daily Record reported.

    Watch US News crime videos on NBCNews.com

    "None of (the victims) in Fort Hood, Texas, posed an immediate imminent threat to those in Afghanistan," she said.


    Follow @NBCNewsUS

    Hasan is seeking a three-month delay in his court-martial, which would be held at the same base he shot up 3½ years ago. Although he fired his three defense attorneys, Osborn has ordered them to assist him anyway — an order they've objected to.

    Rulings on those two matters were still pending Friday afternoon. Hasan's next hearing is scheduled for Tuesday.

    Related:

    Judge rules Fort Hood suspect can represent himself

    225 comments

    Obama and Holder can't get any dumber...Obama likes to think terroism doesn't exist on his watch but as I said...they don't get much dumber than Obama.

    Show more
    Explore related topics: army, afghanistan, taliban, crime, featured, court-martial, fort-hood, nidal-hasan, mohammed-omar, fort-hood-tx
  • 3
    Jun
    2013
    3:03pm, EDT

    Judge rules Fort Hood suspect can represent himself

    Bell County Sheriff's Office / 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.

    By Jim Forsyth, Reuters

    SAN ANTONIO — A U.S. military judge ruled on Monday that accused Fort Hood gunman Major Nidal Hasan can act as his own defense lawyer for his upcoming court-martial, in which he is accused of 13 murders and could face the death penalty.

    Trial judge Colonel Tara Osborn found the 42-year-old Army psychiatrist physically and mentally capable of defending himself in an upcoming trial, according to a statement released by the Fort Hood Public Affairs office.

    Hasan faces 13 counts of first-degree murder for a shooting rampage at Fort Hood in November 2009 that also wounded more than 30 people, mostly U.S. military personnel.


    Follow @NBCNewsUS

    Civilian police officers shot Hasan four times, paralyzing him from the chest down.

    The selection of a panel of officers for Hasan's jury was expected to begin on Wednesday, and opening arguments were scheduled for July 1.

    Osborn previously said she believed Hasan had the mental capacity to run his own defense, but his physical condition was an issue. Defense lawyers previously said Hasan was capable of sitting in court a maximum of five hours a day.

    A 1975 U.S. Supreme Court ruling guarantees the right of a defendant to self-representation, but military law experts say there are exceptions, including whether the defendant is physically or mentally capable of doing so.

    Hasan could be ordered to stand down if he attempts to use his trial as a stage for promoting radical beliefs, said retired Army Lieutenant Colonel Geoffrey Corn, a professor at South Texas College of Law in Houston.

    The FBI says Hasan exchanged e-mails with the now-dead militant Muslim cleric Anwar al-Awlaki on topics such as whether it was acceptable for Muslims to kill innocent people in a suicide attack.

    "Does he want to use the opportunity to represent himself as a platform?" Corn asked. "Or does he just want to play the martyr and just sit there and do nothing? We don't know."

    The judge on Monday ordered Hasan's current defense lawyers to stay on the team as standby lawyers, according to Fort Hood.

    Copyright 2013 Thomson Reuters. Click for restrictions.

    71 comments

    the evidence against him is overwhelming; he knows it; so as a dedicated radical Muslim; he wants to put on a show trial to bash America for the glory of Islam; this murdering bastard should have been put on trial a couple of years ago, why is it that our Government does not want to blame Radical Is …

    Show more
    Explore related topics: texas, fort-hood, hasan, nidal
  • 16
    May
    2013
    9:41am, EDT

    Senator seeks to reform military's 'unacceptable' sex abuse policies

    Military sources tell NBC News the man in charge of sexual assault prevention in Fort Hood, Texas, may have allegedly coerced a female soldier into prostitution. NBC's Jim Miklaszewski reports.

    By Bill Briggs, NBC News contributor

    A New York senator introduced a bill Thursday that aims to remove sex crimes from the military’s chain of command — a bid to transform an insulated culture that tends to dampen sex-assault reporting, leaving many victims feeling helpless or hopeless.

    Under the Pentagon’s current justice system, less than 1 percent of accused sexual perpetrators in the military were convicted last year while during 2012 just 9.8 percent of sex-assault victims reported the incidents, according to a Department of Defense report. Many victims feel powerless because their superiors can control everything from whether a case proceeds to whether a guilty verdict is eventually overturned.

    The new proposal by Sen. Kirsten Gillibrand, D-N.Y., rides a rising tide of public anger over separate allegations that two service members tasked with curbing sexual misconduct within the armed forces had themselves committed sexual misconduct:

    • A Fort Hood Army sergeant accused Tuesday of allegedly forcing at least one subordinate soldier into prostitution. There is suspicion that other senior non-commissioned officers were aware of these activities, but the extent of that remains unclear, a government official told NBC News;
    • An Air Force officer arrested May 6 for alleged sexual battery. 

    "When the officer in charge of preventing sexual assault in their ranks is himself arrested for sexual assault — clearly, the strategy we have in place is not working. Twice in just the last two weeks this has happened," Gillibrand said. 

    Some service members have confided to Gillibrand, she said, that following sexual offenses committed against them, the military's current system forced them to seek permission from their perpetrators in order to take their cases to trial. 

    Democratic Sen. Kirsten Gillibrand of New York plans to introduce legislation to change the way the military handles allegations of sexual assault. In an exclusive interview on The Last Word, she explained why it should be "more parallel to the civilian system."

    "This is unacceptable — and is long overdue for change," Gillibrand said. 

    Her push to revamp the military's machinery for the investigation and discipline of reported sexual assaults has bipartisan backing. Rep. Dan Benishek, R-Mich., said he will file a companion bill in the House. 

    “Right now, too many sexual assaults in our military go unreported," Benishek said. "Many soldiers are uncomfortable reporting the details of these traumatic events. My daughter is a military veteran so I know exactly the kind of hard-working women we have in our armed forces. This situation is a travesty and we need to fix it now.


    Follow @NBCNewsUS

    "We need to reform how the military handles sexual assault cases and make sure victims aren’t afraid to report a crime," he added. 

    Defense Secretary Chuck Hagel was informed Tuesday about the allegations against the Fort Hood sergeant, leaving the Pentagon chief "frustrated, angered, and disappointed over these troubling allegations as well as the breakdown in discipline and standards they imply," said Cynthia Smith, a DoD spokeswoman. 

    Hagel immediately directed every branch to "re-train, re-credential, and re-screen" all sexual assault prevention and response personnel and military recruiters — and he has "made it clear he has not ruled out any options for improving the military's response to sexual assault," Smith said.  

    Under Gilliland's proposed legislation, any reported offense committed by a service member that’s punishable by confinement of one year or more would be handled not by branch and unit commanders — like now — but instead be funneled to independent military prosecutors. Her proposal also seeks to ensure that military commanders may not set aside a guilty finding.  

    She began writing her bill — working with Sen. Barbara Boxer, D-Calif. — just two days after her impassioned critique of the military's desire to retain "convening authority" in sex crimes went viral last March. She since has emerged as one of the Senate's loudest proponents for wholesale Pentagon reform on the issue, calling for a format that's more parallel to the civilian legal system. 

    Related:

    • Gillibrand leads Senate charge for protocol changes in military sexual assault cases
    • US military faces historic tipping point on rape epidemic
    • Army sergeant assigned to sex-abuse prevention being investigated for pimping, sexual assault
    • Air Force's sex-abuse prevention honcho charged with sexual battery
    • Obama: 'No tolerance' for military sexual assault
    • 'Every American should be outraged:' Military sees sharp increase in sex assault cases

    439 comments

    start throwing these neanderthals out of the service...strip any due retiree benefits to drive the messsage home...problem solved

    Show more
    Explore related topics: air-force, pentagon, military, featured, sexual-assault, department-of-defense, chuck-hagel, fort-hood, senator-kirsten-gillibrand, rape-in-the-military
  • 1
    Feb
    2013
    10:51am, EST

    Fort Hood soldier admits shooting friend while trying to cure hiccups

    By Jeff Black and Andrew Mach, Staff Writers, NBC News

    Killeen Police Department

    Patrick Edward Myers

    A Fort Hood soldier pleaded guilty Thursday to involuntary manslaughter -- admitting he accidentally shot his friend while trying to scare away the hiccups. 

    Spc. Patrick Edward Myers, of Spartanburg, S.C., was sentenced to 3 1/2 years in military prison for fatally shooting 22-year-old Pfc. Isaac Lawrence Young, of Ash Grove, Mo., in the face in September while they were watching a football game at an apartment in Killeen, Texas. 

    Myers was also busted to private and will receive a bad-conduct discharge, the Associated Press reported.


    Police said three men were inside the apartment on Sunday, Sept. 23, watching a football game and drinking alcohol when one of the men produced a handgun, handled it in an "unsafe manner," and shot the victim in the face.


    Follow @NBCNewsUS

    An arrest affidavit obtained by the Associated Press in September said Myers apparently pointed a gun at the victim's head to scare him and stop the hiccups.

    Myers said he thought the gun had dummy rounds when it was discharged. 

    The case was tried in military court on the Central Texas Army post because the both victim and suspect were soldiers. Myers has been in the Bell County Jail on a $1 million bond. 

     

    337 comments

    Cured em didnt he?...so whats the beef?

    Show more
    Explore related topics: texas, military, crime, manslaughter, fort-hood, killeen
  • 30
    Jan
    2013
    11:46am, EST

    Lawyers for Fort Hood massacre suspect: Take death penalty off the table

    AP file

    This undated photo shows Nidal Hasan, who is charged with 13 counts of premeditated murder and 32 counts of attempted murder in the 2009 Fort Hood, Texas, shootings.

    By Jim Forsyth, Reuters

    SAN ANTONIO - Lawyers for a U.S. Army major accused of a deadly 2009 shooting spree at a Texas military post have asked for the death penalty to be disallowed in his court martial, possibly paving the way for a guilty plea in the case. 

    Fort Hood massacre suspect Major Nidal Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted murder in connection with the rampage at the sprawling Central Texas Army facility.

    A three-day pre-trial hearing due to begin on Wednesday will include discussions on a defense request to remove the death penalty in the case, according to a written agenda for the hearing.

    A guilty plea is not allowed if the death penalty is a possibility, and one item on the court docket refers to discussion of part of the military justice code involving guilty pleas in capital cases.

    Hasan is accused of opening fire on a group of soldiers who were going through processing before being deployed to Afghanistan. He was shot four times by two civilian Fort Hood police officers, leaving him paralyzed from the chest down.


    Follow @NBCNewsUS

    Military commanders, shortly after Hasan was charged, gave prosecutors the right to seek the death penalty if he is convicted, a significant step given that the United States has not executed anyone under the Uniform Code of Military Justice since 1961.

    The top U.S. military appellate court ruled last month that the judge who had been presiding over the case, Colonel Gregory Gross, was not impartial and ordered him removed, also setting aside an order that Hasan's beard be forcibly shaved.

    Jeffrey Addicott, a law professor at St. Mary's University in San Antonio and a military justice expert, said his reading of the case was that the requested remedy by the defense for the judge's conduct was for the case only to move forward with a maximum penalty of life imprisonment.

    "The government has prepared for this case for many years," Addicott said. "There is no incentive for them to accept anything that is less than the death penalty."

    Fort Hood spokesman Christopher Haug said that Hasan's court-appointed defense attorney was "prohibited by regulation" from commenting on the agenda item regarding pleas in capital cases.

    Hasan's lawyer, Lieutenant Colonel Kris Poppe, is also requesting that he receive the services of a media analyst at taxpayer expense to press a claim that Hasan has been the victim of unfair media coverage.

    The delays in Hasan's court martial have frustrated survivors of the shooting. Attorneys for both sides spent much of 2012 arguing over whether Hasan could keep his beard, which he says he grew due to his Islamic faith.

    Hasan was repeatedly held in contempt of court by the previous judge over the beard, which violates Army grooming regulations. Judge Gross ordered the beard removed.

    But an appeals court ruled that Hasan's grooming standards were the concern of the post commander, not the trial judge, and the new judge in the case, Colonel Tara Osborn, barely mentioned the beard during her first pre-trial hearing last month. 

    Copyright 2013 Thomson Reuters. Click for restrictions.

    60 comments

    Screw him..., should have been shot by the military that very day...

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  • 15
    Dec
    2012
    7:42am, EST

    Mass traumas ripple across towns — and time

    The massacre at Sandy Hook Elementary School shook everyone in Newtown, Conn., including the first responders, who will be undergoing counseling. NBC's Anne Thompson reports.

    By Bill Briggs, NBC News contributor

    A serial tragedy — like Friday's mass shooting at Sandy Hook Elementary School in Newtown, Conn., that left 20 children dead — is like “a big rock thrown in a pond,” grief experts say, casting emotional ringlets that drench those closest to the bloodshed in life-changing despair and bathe entire communities and even distant observers in sorrow.

    "What happens after that rock lands in the pond? The waves circulate out from ground zero. There are the victims. And these (at Sandy Hook Elementary School) are babies, so unbelievably sad,” said Dr. Jeff Dolgan, chief psychologist at Children's Hospital in Denver. “Some people are not even directly touched by the trauma but are in fact traumatized — think about the other kids at the school, the administrators at the school, the first responders, the caregivers. Then the waves radiate out from the school into the community."

    Those ripples may initially unite a town in candlelight and song then splinter it into a torrent of blame and lawsuits, as happened after the Columbine High School shootings in 1999 that killed 12 students and one teacher and injured 24 others.

    "At Columbine, the impact was very widely felt. I talked to the people who were dealing with the fatalities at the hospitals. They had caregiver trauma. They did everything they could with the influx of severely injured but felt inadequate to the task,” he added.

    After the Columbine massacre, Dolgan and his colleagues aligned with mental health experts in Jefferson County, Colo., launching a hotline where local parents could call for advice on soothing their own kids' anxieties. On Friday, Dolgan urged the parents in Newtown to similarly band together.


    “This is a neighborhood elementary school and the parents there hopefully are tight-knit. Once you have the care done, I hope the parents are supportive of one another and work with one another,” Dolgan said. “I hope parents team up and, in time, do get-togethers.”

    Dolgan witnessed firsthand how some Columbine families looked initially to condemn and penalize neighboring families and local law enforcement officers for the deaths in their school. The families of more than 30 Columbine victims sued the parents of the two killers, also Columbine students, eventually settling for $2.53 million. The families of 17 Columbine victims also sued the Jefferson County sheriff’s department; one of those victims settled in 2004 for $117,500.

    President Obama addressed the nation in an emotionally charged speech Friday, wiping away tears as he expressed sympathy for the families of the victims killed in the Sandy Hook Elementary School massacre.

    Many of the Columbine families, Dolgan agreed, were likely seeking outlets to vent their anger at the tragic event, and at the murders.

    “But who are you going to blame? The first responders? No. (Columbine principal Frank) DeAngelis? No. The school security? No,” Dolgan said. “In time, there was more healing and the parents came together. But initially, no, there were some fractious qualities.”

    While heartache and fury may engulf a town after a mass killing, such serial traumas psychologically damage those closest to the suffering on a far deeper level than they do people who were merely in the vicinity, who were, perhaps, close enough to hear the gunfire but not see the deaths, science has found. 

    Among 1,000 students who were on campus at Dawson College in Montreal in 2006 when a man shot and wounded 19 people, killing one, about one-third were found to be dealing with some form of mental illness within 18 months of that tragedy, according to a paper published in 2009. 

    “The most common form was clinical depression – which affected 12 percent or 1 in 8. That is about three times higher than would be expected in a normal population,” said Dr. Warren Steiner, head of the department of psychiatry at McGill University Health Centre in Montreal, and one of the paper's authors.

    “The next highest was substance abuse — drug or alcohol — which affected about 10 percent, people who were self-treating their own anxieties. That’s about three times higher than you would see in the normal population,” Steiner said.

    The precise proximity of the survivors to the violence that day directly affected their mental health later, the research team learned. They divided the 1,000 students into four groups based on their “level of exposure.” Those who had witnessed the shootings received the “highest” exposure score, followed by those who only heard gunfire, followed by those who locked themselves into classrooms without knowing if they were next, followed by those who were on campus but unaware of the attacks.

    Slideshow: Connecticut school massacre

    Michelle Mcloughlin / Reuters

    The second deadliest school shooting in U.S. history sent crying children spilling into the school parking lot as frightened parents waited for word on their loved ones.

    Launch slideshow

    “There was a direct correlation between the level of exposure to the shootings and the development of mental illness. It’s common sense, but it had never been proven before,” Steiner said.

    For those who viewed the killings, or who had held a wounded classmate in their arms, post-traumatic stress disorder was the most commonly diagnosed illness, followed by depression and then alcohol dependency. 

    But while the mass traumas at Columbine and Dawson College soaked each community in immediate anguish -- and, eventually, imbued those closest to the gunfire with psychological turmoil -- they continue to resonate in the Denver area and in Montreal, the psychologists said.

    Memories of each are rekindled after the news of other serial shootings, including the 32 people who were shot and killed at Virginia Tech in 2007, the 13 people who were shot and killed at Fort Hood in 2009, and the 70 moviegoers who were shot — 12 fatally — in Aurora, Colo. on July 20.

    “You hear about another one, and there’s the reflex of anxiety,” Steiner said. “I guarantee everyone who was at Dawson will hear the news this evening and they will have flashbacks and disturbing memories, PTSD-like symptoms from what happened to them.

    “It goes on for a generation, no doubt about that,” Steiner said.

    Dolgan agreed that the shelf-life of a local mass tragedy sticks with a community for several decades, and isn't simply shaken by the passing of time.

    “No, no,” Dolgan said. “This is very long-lived.”

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    • Authorities ID gunman who killed 27 in elementary school massacre

    Follow US news from NBCNews.com on Twitter and Facebook

     

    46 comments

    Hey kids. You. The Ones that left us today. The ones who experienced the worst that humanity can do. You little angels who closed your eyes in a living Hell this morning. I'm so, so very sorry that this world didn't give you a chance. You would've never known me. But in all of this overwhelming sad …

    Show more
    Explore related topics: connecticut, virginia-tech, depression, ptsd, anxiety, fort-hood, substance-abuse, school-shootings, dawson-college, newtown, columbina, sandy-hook-elementary-school
  • 4
    Dec
    2012
    12:13am, EST

    Military court removes judge from Fort Hood shooting trial

    Reuters

    The issue of whether Maj. Nidal Hasan, charged with 13 counts of murder, should shave his beard resulted in a judge's removal.

    By Isolde Raftery, NBC News

    The highest military appellate court ordered on Monday the removal of the judge overseeing the trial of Nidal Hasan, an Army psychiatrist charged with killing 13 people at the Fort Hood Army base in 2009.

    The U.S. Court of Appeals for the Armed Forces wrote in an opinion that Col. Gregory Gross should be removed for the appearance of bias -- in part because he demanded that Hasan's beard be shaved.

    “The command, and not the military judge, has the primary responsibility for the enforcement of grooming standards,” the court wrote in a 10-page opinion. “A military judge’s contempt authority is directed toward control of the courtroom. Although the military judge here stated that (Hasan’s) beard was a ‘disruption,’ there was insufficient evidence on this record to demonstration that (his) beard materially interfered with the proceedings.”


    Further, the opinion stated, the judge and his family were present at Fort Hood on the day of the shootings.

    “While this fact alone is not disqualifying, when viewed in light of the factors identified above, an objective observer might reasonably question the military judge’s impartiality,” the opinion read.

    Related: Court rules Fort Hood shooting suspect Nidal Hasan must shave beard  

    Army grooming standards prohibit beards but allow for religious exceptions. Judge Gross had denied Hasan's request for such an exception. He found that Hasan's claims of religious sincerity did not outweigh prosecutor's arguments that Hasan grew the beard just before his August trial date so witnesses wouldn't be able to identify him in court.

    Hasan, 42, faces the death penalty or life in prison without parole if convicted in the Nov. 5, 2009, attack at the Army post about 130 miles southwest of Dallas. In addition to those killed, 29 were wounded. His trial had been placed on hold pending the issue of whether he must shave his beard.  

    His lawyers argued that he wears a beard because of he is devoutly Muslim and that requiring him to shave it would amount to religious discrimination.


    Follow @NBCNewsUS

    Monday’s court opinion does not resolve the issue of his beard, however: “Should the next military judge find it necessary to address (his) beard, such issues should be addressed and litigated anew.”

    A new judge has not been assigned to the case.

    The Associated Press and Reuters contributed to this report.

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    95 comments

    More PC BS!!!

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    Explore related topics: shooting, military, crime, fort-hood, nidal-hasan
  • 5
    Nov
    2012
    6:50pm, EST

    Fort Hood shooting victims sue government

    By NBC News wire services

    On the third anniversary of the Fort Hood rampage, 148 victims and family members sued the government Monday for compensation for the attack that authorities say was carried out by an Army psychiatrist.


    Follow @NBCNewsUS

    The shooting at the Army base in Texas killed 13 people and wounded more than two dozen others.

    The lawsuit alleging negligence by the government said that the Defense Department is avoiding legal and financial responsibility for the killings by referring to the shootings as "workplace violence" rather than as a terrorist attack.


    The group also is suing the estate of Anwar al-Awlaki, a U.S.-born Islamic cleric who the victims say inspired the Army psychiatrist, Maj. Nidal Hasan, to carry out the attack. The two men exchanged emails before the shootings.

    A year before the attack, the FBI uncovered the communications between Hasan and al-Awlaki, but failed to disclose the information to the Defense Department.

    Al-Awlaki was killed in Yemen last year by a U.S. drone strike.

    Hasan is awaiting trial and could face the death penalty if convicted.

    Watch the most-viewed videos on NBCNews.com

    The victims and families said the U.S. military knew four years before the Nov. 5, 2009, mass-shooting that the accused killer was a fanatic Islamist extremist who supported jihad, suicide attacks and violence.

    The lawsuit attributed the government's alleged inaction to elevating "political correctness" over national security.

    The lawsuit seeks unspecified compensatory and punitive damages. Last year, 83 of the victims and family members filed administrative claims that sought $750 million in compensation from the Army. Neal Sher, an attorney for the victims, said the government has "ignored these claims and under the law we really have been left with no choice" but to sue.

    Stay informed with the latest headlines; sign up for our newsletter

    In a conference call with reporters, former Staff Sgt. Shawn N. Manning, who was shot six times by Hasan, said that the terrorism designation sought by the victims would cover the cost of the medical services that he requires. The designation would mean that the wounds the victims suffered qualify as combat-related, resulting in "a huge difference in benefits," said Manning, who was medically discharged from the military about a month ago.

    Manning and Sher spoke during a telephone conference call that linked lawsuit participants from several locations.

    The Associated Press and Reuters contributed to this report.

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    87 comments

    And they deserve every penny.

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  • 22
    Oct
    2012
    7:10pm, EDT

    Beard issue again delays military trial in Fort Hood shootings

    Reuters file

    U.S. Army Maj. Nidal Hasan in an undated handout photo.

    By Kari Huus, NBC News

    The man charged in the 2009 Fort Hood, Texas, shootings, that killed 13 and wounded more than two dozen has been granted a stay of his court-martial proceedings to appeal a ruling that he must appear in court clean-shaven, Fort Hood announced on Monday.


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    Former Army psychiatrist Maj. Nidal Hasan, 42, was clean-shaven when he was serving in the military. Since he has been in jail, he has grown a beard. He has said that as a Muslim shaving his beard now would be a sin, because he believes he is close to death, the Los Angeles Times reported.


    If convicted of the Nov. 5, 2009, attack, Hasan faces the death penalty or life in prison without parole.

    Military court requires that defendants be clean-shaven, and the court has found Hasan to be in contempt and fined him $1,000 each time he has appeared in court with the beard.

    A military appeals court in Virginia on Thursday upheld a judge’s ruling that Hasan can be forcibly shaved for the court-martial.

    But on Monday, the U.S. Court of Appeals for the Armed Forces issued another stay to accommodate an appeal. The court did not say how long the stay would remain in place.

    Hasan's court-martial was initially scheduled for August.

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    637 comments

    the way "the Greatest Generation" would have handled this is, the sergeant would go up to HQ to check on paperwork "for maybe a couple hours, dammit", and the other guys in the barracks would pin him down and shave him bald as a billiard ball with the back of a rusty rake.

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    Explore related topics: security, terrorism, shooting, military, beard, features, fort-hood, kari-huus, nidal-hasan
  • 18
    Oct
    2012
    8:06pm, EDT

    Court rules Fort Hood shooting suspect Nidal Hasan must shave beard

    Reuters

    U.S. Army Major Nidal Hasan, charged with killing 13 people and wounding 31 in a November 2009 shooting spree at Fort Hood, will have to shave his beard, a military court has ruled.

    By NBC News wire services

    A U.S. military court ruled on Thursday that Fort Hood shooting suspect Major Nidal Hasan must shave his beard before appearing for court martial on murder charges connected to the November, 2009 massacre.


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    "In front of a military panel, it is undeniable that failure to comply with Army grooming regulations would cast him in a negative light," a majority of judges on the U.S. Army Court of Criminal Appeals ruled. "The military judge has the authority to prescribe the proper uniform for trial."

    Hasan, 42, argued that he has a beard because of his Muslim beliefs and requiring him to shave it would amount to religious discrimination.


    Hasan faces the death penalty or life in prison without parole if convicted in the Nov. 5, 2009, attack that killed 13 people and wounded more than two dozen others at the Army post about 130 miles southwest of Dallas.

    His trial has been on hold for months while the issue of his beard was adjudicated.

    Hasan's attorneys also want the appeals court to overturn six contempt-of-court rulings Col. Gregory Gross issued against Hasan for having a beard at pretrial hearings this past summer, when he first showed up in court with facial hair.

    Army grooming standards prohibit beards but allow for religious exceptions. Gross denied Hasan's request for such an exception. He found that Hasan's claims of religious sincerity did not outweigh prosecutor's arguments that Hasan grew the beard just before his August trial date so witnesses wouldn't be able to identify him in court.

    At an Oct. 11 hearing, defense attorney Capt. Kristin McGrory said military judges have no authority to order forcible shaving. She said military regulations authorize it for inmates only for safety and health reasons.

    McGrory also disputed Gross' assertion that the beard would be a disruption during Hasan's trial.

    "The fact that he's wearing a beard does not materially interfere with the course of the trial," she told the panel of judges.

    The Associated Press and Reuters contributed to this story.

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    514 comments

    Please, let's hang this scumbag already!

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  • 25
    Sep
    2012
    4:26pm, EDT

    Soldier allegedly shoots friend while trying to cure victim's hiccups

    Killeen Police Department

    Patrick Edward Myers

    By Jeff Black, Staff Writer, NBC News

    A 22-year-old Fort Hood, Texas, soldier was shot in the face and died after what prosecutors say was an attempt by a fellow soldier to cure the victim’s hiccups.

    Patrick Edward Myers, of Spartansburg, S.C., was charged with manslaughter in the case and remains in the Bell County Jail on $1 million bond, according to a news release from the Killeen, Texas, police.


    Police say three men were inside a Killeen residence Sunday night watching  a football game and drinking when one of the men produced a handgun, handled it in an “unsafe manner,” and shot the victim in the face.

    An arrest affidavit obtained by the Associated Press said Myers apparently pointed a gun at the victim’s head to scare him and stop the hiccups. Myers allegedly thought the gun had dummy rounds when it discharged.


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    The victim was being taken by ambulance to an airfield for transport to a hospital when he died.

    After a review by the Bell County District Attorney, Myers was charged with manslaughter.

    A Fort Hood spokesman on Tuesday declined to release the name of the victim, saying relatives had to be notified.

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    223 comments

    Don't fire a gun at someone, even you you think their are blanks (dummy rounds), unless you intend of harming/killing them. It is a shame that people are this stupid.

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    Explore related topics: texas, military, crime, manslaughter, fort-hood, killeen
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