Fort Hood

[Steadygain]

Phil, I believe "fair trial" was part of what I said I agreed with. I also think it wouldn't take much time for jury to come to verdict.

Alevie,
Please think of this as entertainment and not as argumentative.

If I were his lawyer .... please know (by virtue of our legal system I would have to do everything possible to:
1. Get him free
2. Drag it out as long as possible...until I thought he had a chance...

So.... I would do the following
FIRST - I would push to have the trial moved to some remote Alaskan Village -- where he could get a fair trial.

SECOND - I would show the years of Independent Research he has been conducting which showed undeniable proof of both the extreme dangers of the WAR and extensive and irrepairable damage and I would stretch this out case by case as long as possible.

THIRD - I would do everything possible to first show the extensive work he may have done -- try to convince everyone he was an outstanding worker -- with an excellent reputation and all those things that could possibly sway a jury...

ONLY -- after exhuasting every possible way of making this guy look like the most outstanding individual to ever live......

would I lasty show -- how 'he snapped' at the realization that he was going to become one of the horrible statistics... he'd decicated his life to researching....

That somehow he took it as 'The Government is trying to Silence Me' and what he had to share was simply Too Big ...to hide... too important to dismiss... to sacred to not share.....

Trust me Alevie .......by the time I was done at least half the Jury would see him as a 'hero' and by the time they had a chance to even think about sentencing him .... it would be minimum 6 months or more dragging it out.....

Now if I -- a mindless nobody -- who knows nothing about being a lawyer would do this stufff....

...surely a real one would do even more....

anyway --- my guess is this is going to drag out ... for quite awhile

 

[Gumby]

No doubt Hasan will receive a fair trial via military court martial.

Yes he would get a fair trial and sentence. The military could even use his own pistol one last time.

 

[James48843]

Yes he would get a fair trial and sentence. The military could even use his own pistol one last time.

Military no longer uses firing squads. Death by lethal injection is now the prescribed mode of execution in death penalty cases. I'm not sure whether or not the government will ask for the death penalty, but I presume they will.

And it will not take a long time to come to trial- the military works with speedy trials in cases like this. If and when he is convicted, it may take a while for appeals to run their course- before the execution. However, the Army has pretty much laid out the process and the procedure.

http://www.fas.org/irp/doddir/army/r190_55.pdf

 

[mick504]

Actually the terrorists will be making propanda films about they a US Army terrorist, found the true path and killed for Allah....! Then more nutcakes will come out of the woodwork...derranged as they are in their conflicted minds thinking that is the right course of action. Apparently that guy...the Ft. Hood shooter...didn't have a gal....so the promise or thought of all those virgins might have also spurred the sick guy on. I also worry about the upcoming trials in NY; when the 911 terrorists will be tried and all the security needed. We are stupid....and they (the terrorists) love it that way....and our abiding laws. Yes, blame us for your backyard Saudi Govt....it's all our fault....that your women want some independence. Good Grief! When will we rid ourselves of this evil cancer....militant islamist extremists!

 

[FAB1]

the whole ugly business seems to have dropped off the media's radar screen - now when will they start to paint this guy as a victim?

 

[Viva_La_Migra]

the whole ugly business seems to have dropped off the media's radar screen - now when will they start to paint this guy as a victim?

When the trial starts and he shows up in a wheelchair.

 

[Buster]

DITTO!!!!!!

http://www.wtoc.com/global/video/fl...vt1=v&at1=News&d1=186467&LaunchPageAdTag=News

 

[coolhand]

http://www.redcounty.com/“tragedy-ft-hood”?taxonomy=1745

http://www.snopes.com/politics/soapbox/allenwest.asp

 

[grandma]

coolhand, do you think more & more people are now speaking out, writing `letters to the editor', etc?

My feeling is reading the comments written in response to all writings could be considered even needful. I know a lot of the time it simply reflects the thoughts of those who support/agree with any particular site, but the rest give a feel for the thinking of the other side of the fence.

It is especially interesting that spelling/typo's/grammer/punctuations are often used by dissenters to a position article/writing; thus giving the feeling that `they' (to their way of thinking) are the Intelligencie, the Articulate, the Superior in all ways - competing with God for omniscient attributes.
- do they also use that as a reason not to buy products made over-seas? More often than not the directions, product info, etc, are in almost pidgen English.
As for the rage often seen - it may be akin to Road Rage - it doesn't seem to be restricted to only one or t'other point-of-view. And sometimes even newscasters & campaign speech'ers (?) don't realize the mike was still on!!

 

[Scrappy]

http://www.redcounty.com/“tragedy-ft-hood”?taxonomy=1745

http://www.snopes.com/politics/soapbox/allenwest.asp

I sure hope he wins in Florida......too bad it isn't 2012 president he is running for!

 

[Buster]

NCIS...Intersting parallel..

http://www.cbs.com/primetime/ncis/video/?pid=BUyMo8LYpB1zKxum7_E3IwdFYCHnJi_O&vs=Default&play=true

 

[Show-me]

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

LEVYING WAR, crim. law. The assembling of a body of men for the purpose of effecting by force a treasonable object; and all who perform any part however minute, or however remote from the scene of action, and who are leagued in the general conspiracy, are considered as engaged in levying war, within the meaning of the constitution. 4 Cranch R. 473-4; Const. art. 3, s. 3. Vide Treason; Fries' Trial; Pamphl. This is a technical term, borrowed from the English law, and its meaning is the same as it is when used in stat. 25 Ed. III.; 4 Cranch's R. 471; U. S. v. Fries, Pamphl. 167; Hall's Am. Law Jo. 351; Burr's Trial; 1 East, P. C. 62 to 77; Alis. Cr. Law of Scotl. 606; 9 C. & P. 129.

http://legal-dictionary.thefreedictionary.com/Levying+war

ADHERING. Cleaving to, or joining; as, adhering to the enemies of the United States.
2. The constitution of the United States, art. 3, s 3, defines treason against the United States, to consist only in levying war against them or in adhering to their enemies, giving them aid and comfort.
3. The fact that a citizen is cruising in an enemy's ship, with a design to capture or destroy American ships, would be an adhering to the enemies of the United States. 4 State Tr. 328 ; Salk. 634; 2 Gilb. Ev. by Lofft, 798.
4. If war be actually levied, that is, a body of men be actually assembled for the purpose of effecting by force a treasonable enterprise, all those who perform any part, however minute, or however remote from the scene of action, and who are leagued in the general conspiracy are to be considered as traitors. 4 Cranch. 126.

http://legal-dictionary.thefreedictionary.com/adhering

To conspire to levy war, and actually to levy war, are distinct offences. The first must be brought into open action by the assemblage of men for a purpose treasonable in itself, or the fact of levying war cannot have been committed. So far has this principle been carried, that . . . it has been determined that the actual enlistment of men to serve against the government does not amount to levying of war.'' Chief Justice Marshall was careful, however, to state that the Court did not mean that no person could be guilty of this crime who had not appeared in arms against the country. ''On the contrary, if it be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors. But there must be an actual assembling of men, for the treasonable purpose, to constitute a levying of war.''

http://caselaw.lp.findlaw.com/data/constitution/article03/24.html

 

[Show-me]

By BEN CASSELMAN

Defense attorneys for accused Fort Hood shooter Nidal Malik Hasan are racing to collect evidence that could show their client is insane before a psychiatric evaluation is completed.

Associated Press

The Army on Wednesday evening told Maj. Hasan's defense lawyers that it had convened a so-called sanity board to evaluate whether Maj. Hasan is fit to stand trial. The three-person panel is expected to make a recommendation by the end of February, a timeline that has defense attorneys frustrated.

Maj. Hasan is accused of killing 12 fellow soldiers and one civilian in a Nov. 5 rampage at the Texas Army base. Prosecutors are expected to seek the death penalty.

Maj. Hasan's mental status is shaping up to be a central issue in the case. John P. Galligan, the retired Army colonel leading the defense team, has said he was considering pursuing an insanity defense, and the Army has appointed a prosecutor with experience in such cases.

Legal experts said an insanity defense could be Mr. Galligan's best chance of winning an acquittal for his client, or at least avoiding the death penalty. But it wouldn't be easy. Defendants, both in civilian and military trials, rarely are found not guilty on the basis of their mental state. A 2006 study by three Army psychiatrists found that in the more than 21,000 courts-martial between 1990 and 2006, only six defendants were found not guilty by reason of insanity.

"It's just a hard sell," said Hugh Overholt, a North Carolina attorney specializing in defending military clients. "I've had a case where I was absolutely convinced the guy was nuts," and still couldn't win an acquittal, he said.

http://online.wsj.com/article/SB126291467396720881.html?mod=googlenews_wsj

 

[Silverbird]

The "insanity" plea only works if the perp did not know what he was doing. You can be clinically insane and still be held accountable. This isn't going to fly very well with Hasan showing up on a day he wasn't supposed to be at Hood with weapons.

If this is the best the defense can come up with, their bird doesn't have any feathers - good luck flying.

 

[Birchtree]

Take this radical extremist creep out back and tie him to a tree and walk away.

 

[2EASY]

Naw - send him to texas State Prison and ensure his roomate name is "Bubba".

 

[Viva_La_Migra]

Take this radical extremist creep out back and tie him to a tree and walk away.

Better yet, get the Army Corps of Engineers to take the tree and make it into a proper gallows! THEN hang the SOB!

 

[Steadygain]

Defense attorneys for accused Fort Hood shooter Nidal Malik Hasan are racing to collect evidence that could show their client is insane before a psychiatric evaluation is completed.

When I woke in the middle of the night -- I though about the Nigerian man on his way to court for 'apparently trying to blow up a plane'.

Anyway thought how wonderful it would be if I could get Grandma, Buster, Birch, CB, Coolhand, and Nnutt as the Defense Team and remind them that it's their 'Sacred Duty' to do all things possible to make sure he goes free. That their life is most measured by the manner they defend their client - and convince the Judy to set him free.

So here I would say calling Nidal Malik Hasan the Fort Hood shooter
is 'misleading' and 'prejudical' and a wholly unmerited 'judgemental statement' designed to sway people in a Negative Light.

He is first a MAN - like any other man - seeped in a wide variety of beliefs and these beliefs and the patterns by which his neural networks are formed HAVE to be the basis by which he lives and interacts with all life and forms the basis of all relationships.

So first I would show -- how he is no different from any other person. Would totally be able to prove that. Then I would show beyond the shadow of any doubt -- how these pathways were formed and all the more how they were reinforced.

In the END -- I would prove the 'real killer' is not the Man that was forced to pull the trigger against 'his will'. Because I would be able to Prove -- totally prove -- that 'His Will' was to do everything possible to 'AVOID' the outcome.

His desperate attempts to Maintain a healthy productive lifestyle and live as a man in Harmony with GOD and with one another -- were totally ignored by the many events in which HE was ignored; HIS concerns were Dismissed; and No one was willing to take him serious.

He is NOT the shooter -- is not the killer -- and I could probably convince a Jury of this truth. He is an 'innocent man' who did all he could to maintain his 'innocence' - but HIS Superiors REFUSED to acknowledge or accept his PLEAS -- refused to even remotely consider the Brain Patterns by which this humble devot man lead his life -- and Pushed Him over the Limit. He did not want to go there but it was Forced on HIM.

Ladies and Gentlemen of the Jury -- knowing what I have clearly showed you is this man's 'True Identity'. Knowing how based on everything by which he lives and understands his life and his relationship with GOD and all life -- He was desperate to avoid the conflict --and he went here -- BUT THEY IGNORED HIM -- He went there AND THEY SAID 'WE DON'T CARE' -- He used every avenue he could possibly find 'TO DO THE RIGHT THING' -- but they all Pushed Him against everything He stood for to do 'What he Couldn't' -- it was only after these Deperate Attempts to do things RIGHT that He was 'FORCED' to do wrong.

But he is not the one responsible -- it was not His mind that committed the act of aggression -- it was wholly the people over him who ignored his pleas - totally dismissed the deeper spiritual and religious beliefs which molded his existence -- and made him for that 'moment' something THEY FORCED - but he is innocent.

And that's how the Legal System works -- so get over it.

 

[FAB1]

No. THIRTEEN DEAD!!! and the Misery of those families continues...

That gulity bastard doesnt have a chance of a snowball in hell.

And you talk about GOD... THANK GOD he is going to taste justice.

 

[Steadygain]

No. THIRTEEN DEAD!!! and the Misery of those families continues...

That gulity bastard doesnt have a chance of a snowball in hell.

And you talk about GOD... THANK GOD he is going to taste justice.

Ohh my friend Please forgive me !!

My expressions were only meant from a 'Defense Legal Representative' --- everything I told you was wholly and completely meant as a 'sincere' attempt to convince the 'Jury' of his innocense.

FAB1 - I love you !! - I really do and in the way you deserve it; in a respectful and accepting way -- in a way that appreciates the personality you express and represent.

I'm not here to pass 'Judgement' on anyone and please don't let anything I have expressed pollute GOD and all GOD represents.

Was merely enjoying the thought of envisioning Birchtree, Buster, Nnutt, Grandma, CountryBoy, and Coolhand honestly having to fulfill their 'Sacred Duty' as Legal Defense Representatives on this man's behalf. Now I would all the more bring you into the team.

My comment was simply reflecting Show-me 'concern' about the Legal Defense -- having the nerve to think 'Insanity' to free this guy.

So PLEASE know -- that in NO way am I saying he in my heart of hearts is either 'innocent' or 'guilty'... and this is not an issue I am even remotely qualified to step into .... it not one I would want to step into.

I'm simply saying -- 'If you are a Defense Attorney' - everything you say has to represent his innocense -- and so my post was as if I were his 'Defense Attorney'.

If it was your sworn duty -- OK -- now listen FAB1 -- and anyone else that I may have offended.

If it was honestly your sworn and sacred duty -- and the entire merit of your life and all you represent - was entirely based on your ability to Defend this man - to PROVE he is 'Innocent' so he doesn't even have to go to jail -- but rather is exhonorated !!!

I would love you see how you .... and the others mentioned would honestly be able to fulfill your obligation as a Defense Attorney.

So please know my friend -- and everyone on this MB and all visitors and readers -- my last post was simply a reflection of how The Defense Team has to operate.

For 'Better or for Worse' --- that is our legal system


Peace !!